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Indiana Domestic Violence Questions & Answers

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on

Q: Can someone sign out of jail on their own recognizance if they have been given a surety + cash bond at the time of arres

A friend was arrested for strangulation domestic battery he has a 5250 surety bond so my question is can he sign out on his own recognizance after 48 hours

Andrew L. Bennett answered on May 26, 2019

The only way to be released OR after a bond was set is for the court to order him released OR. However, if the bond was set per a schedule and he did not bond out and the prosecutor did not file charges, the he would be released after 48 hours.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on

Q: Do you still have a jury trial if you plead guilty at the first court date?

Looking at 4 felony charges of assault with a deadly weapon in the state of Indiana. First court date is May 20th.

Paul Stanko answered on Apr 11, 2019

When you plead guilty, you admit your guilt and waive your right to any trial.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on

Q: Would my husband and I wrestling over my phone be something that can convict him in Indiana because I had scratches?

This is referring to the question I asked the other day. I want to understand the law on the matter because he shouldn't do time on this. Did the property damage add to the prosecutions case for domestic battery? His attorney is a PD and isn't much help right now.

Paul Stanko answered on Apr 10, 2019

All that needs to be proven in a battery case is that the defendant knowingly or intentionally touched the other person in a rude, insolent or angry manner. Whether or not your husband should do time, if the State proves the elements, a conviction is certainly possible.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Indiana on

Q: Do charges for invasion of privacy violating a NCO stand, the seperate case ordering the nco is dismissed and terminated

Different cases

Paul Stanko answered on Apr 9, 2019

If the NCO was valid and in effect at the time of the new offense, then having the underlying NCO terminated later has no impact on the later charge.

1 Answer | Asked in Criminal Law, Immigration Law and Domestic Violence for Indiana on

Q: What is a motion for reconsideration bond determination mean I’m criminal court ?

My husband was arrested for domestic battery to a pregnant woman. I didn’t press charges. But the state picked up the case. There’s a no contact order. I’ve been very worried about if he will be deported. I think he has his residency and is in the process of getting his green card. If he is... Read more »

Kevin L Dixler answered on Apr 1, 2019

It means that he is likely in deportation court and his request for bond was denied. It’s unclear whether you can secure his release or file a well prepared motion to reconsider quick enough. He may be scheduled for a final hearing.

I strongly recommend an appointment with a competent...
Read more »

1 Answer | Asked in Immigration Law and Domestic Violence for Indiana on

Q: My husband was arrested DV & his visa is expired will he be deported

He’s being charged with 2 level 5 felonies for battery to a pregnant woman and one misdemeanor for domestic battery. As we are about to have a baby together I’m worried about him staying in the country

Kevin L Dixler answered on Apr 1, 2019

More information is needed. Is he a lawful permanent resident? How long has he lived in the U. S.? Were you physically injured? Is he being detained by ICE? Did you pay his bond? Was he released? Such questions are best answered in a confidential setting.

Immigration Court is in Chicago,...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on

Q: Will Indiana pick someone up from Colorado?

Charges are level 6 strangulation and two a misdemeanor domestic violence, skipping out on probation for a level 5 burglery, only 4 months left.

Andrew L. Bennett answered on Mar 11, 2019

The answer depends on what the prosecutor wants to do. Generally, prosecutors do not extradite from another state so far from Indiana on a level six felony. However, given the Burglary case it is possible the prosecutor would be willing to pay for an extradition.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on

Q: I was physically abused by my ex and left. It’s been 2.5yrs. I’ve sustained emotional trauma. Can I sue for damages?

Physically and emotionally abused for over 6 years. Never filed a police report after the physical abuse because I was scared. I have pictures of the abuse though. I’ve also dealt with a lot of trauma and emotional issues because of the relationship and the abuse I endured and have had to seek... Read more »

Paul Stanko answered on Feb 16, 2019

This is not a criminal law question. You should consult a personal injury lawyer.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on

Q: Why would a prosecutor file charges against someone for interfering with the reporting of a crime if no crime happened?

Two weeks after police were called to my home as the result of a heated argument between my spouse and I, during which I repeatedly told/yelled at one of my kids to hand up their phone (not knowing who they were talking to), I received a court summons for only count; interfering with the reporting... Read more »

Andrew L. Bennett answered on Feb 13, 2019

The charges that you have against you have a possible penalty of up to a year in jail. You should consult with a local criminal defense attorney as soon as possible to begin working on your defense.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on

Q: Can a no contact order be dropped on a domestic battery charge if the state picked it up?

My baby dad mixed Xanax and alcohol and hit me. I didn’t call the police because I was scared of him getting into trouble at the time . The next day I came over to his house to check on him because he wasn’t texting me all day and I was getting worried about him . He again got very irrated with... Read more »

Andrew L. Bennett answered on Dec 10, 2018

You need to contact a good criminal defense attorney and hire him/her ASAP. If you cannot afford an attorney then you need to request a public defender. Your first hearing is your Initial Hearing where you will be told of the charges and penalties. The judge will also ask how you plead. DO NOT... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on

Q: What should I do?

Verbal confrontation with my fiance. I went out drinking that night still feeling the effects in the morning on top of taking my anti depressant and anti anxiety meds I was not in the right mindset I refused to call police on him my employer did without my consent so of cours3 verbal statement... Read more »

Andrew L. Bennett answered on Aug 10, 2018

You should consult with an attorney before you speak to the police and prosecutor, depending on what you say you do not want to open yourself to any false informing charge.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on

Q: How can I drop a no contact order in indianapolis that was picked up by the state?

I've sent marion county court letters last year stating I wanted the no contact order dropped because a baby is involved. They switched my baby's daddy probation to grant county and I seen him and I followed him to get his kid because I thought the no contact order was already over but it wasn't... Read more »

Andrew L. Bennett answered on Apr 10, 2018

Given that you are involved with 2 counties the most efficient way of resolving is to hire an attorney in Indianapolis who can negotiate on his behalf.

2 Answers | Asked in Family Law and Domestic Violence for Indiana on

Q: Can a 20 yr old get arrested for putting his hands on his 8 yr old half brother?

The parents have told the 20 yr old that he is not allowed to touch his 8 yr old brother no matter what they are arguing about or what is said. The 20 yr old thinks he is allowed to do whatever he wants (hit, slap, smack, shove, etc). He seems to think he won't get in trouble because he's his... Read more »

John Mario Acosta Jr. answered on Mar 31, 2018

Yes he can.

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2 Answers | Asked in Consumer Law, Criminal Law, Domestic Violence and Family Law for Indiana on

Q: how can i get a free online pacet for me to print out for a protection orders in the state of indiana

John Mario Acosta Jr. answered on Mar 22, 2018

You can either check with the local jurisdiction clerks website or you can see if the Indiana Supreme Court website might have the forms you are looking for. Some jurisdictions vary on what forms they have online. If you can't get one online you can always go to the local clerks office and get one... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on

Q: Gf threw me down to the grounds 3time, next day I had sore back now I'm in the hospital for disk pushing on spinal cord

Doctors asked me if someone hit my back or if I had fallen, I said no because I thought my back just went out the next day because I moved wrong but I doubt now that they kept asking me if I had fallen lately if they didn't think that's how it could have even happened, what should I do? Now I'm in... Read more »

Andrew L. Bennett answered on Mar 4, 2018

First you need to be completely honest with your doctors and nurses, its can be critical to your treatment to know exactly how an injury occurred.

1 Answer | Asked in Domestic Violence, Small Claims, Consumer Law and Personal Injury for Indiana on

Q: Can I sue?

I decided to go shopping for some clothes and wanted to try on a few items before purchasing them. Only a few fit me so I didn't take the ones that I didn't want. When I left the dressing room there was a worker going through the items in my cart and I asked her where I can put the items that I did... Read more »

Chase T Wilson answered on Feb 16, 2018

No, because there was no physical harm done. You should, however, report her to management. That's absolutely unacceptable behavior.

1 Answer | Asked in Child Custody, Divorce and Domestic Violence for Indiana on

Q: If we have joint legal custody of our child can she file for sole custody if I have a domestic

My ex-wife left in September of 2014 came back in May of 2015 she got joint legal custody and now I have a domestic against me and my ex wife wants to get sole legal custody of my daughter can she when I'm working two jobs

Clarissa Finnell answered on Dec 11, 2017

Child custody is always modifiable if there has been a substantial change in circumstances since the last order of the court. It would be your ex-wife's burden to show the substantial change. Joint legal custody means that you and your ex-wife are to make major decisions about your daughter's... Read more »

1 Answer | Asked in Personal Injury, Civil Rights and Domestic Violence for Indiana on

Q: What can I do when a roommate of mine threatens me, including a threat of damage to my property? I live in Indiana.

The roommate is not on a lease, has lived here for over 6 months, and is the son of father’s girlfriend. My father owns the house. His threats also including filing false charges against me with the police, access to private electronic communications, that I never gave any right to get and have... Read more »

Chase T Wilson answered on Nov 20, 2017

You should contact the police or your father and attempt to have him removed from the premises. You may also want to obtain a restraining order against him.

2 Answers | Asked in Domestic Violence for Indiana on

Q: if prosecutor lifts msdmnr domestic battery & accepts plea to lesser marijuana charge, how long to end no contact order?

Since both charges originated from one case will the no contact order remain until probation for marijuana charge is complete?

How do I advocate (as the victim in this case) for resolution of no contact order asap?

Valerie C. Horvath answered on Oct 24, 2017

Most of the time, a "No Contact Order" (NCO) is issued pre-trial to prevent the person charged (defendant) from influencing the state's witness (person on NCO). Once the case is no longer pending or "pre-trial", the NCO is terminated. Often, a post-trial NCO will be part of a plea agreement, but... Read more »

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1 Answer | Asked in Family Law, Personal Injury, Domestic Violence and Juvenile Law for Indiana on

Q: If my mom let my brother n sister hit on me constantly and put me out her house and I'm only 17 can she get in trouble?

My brother is 22 and sister is 20

Peter N. Munsing answered on Oct 9, 2017

Yes.You would also have assault claims against your sibs.

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