Indiana Domestic Violence Questions & Answers

Q: Will Indiana pick someone up from Colorado?

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Mar 11, 2019
Andrew L. Bennett's answer
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.

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?

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Feb 16, 2019
Paul Stanko's answer
This is not a criminal law question. You should consult a personal injury lawyer.

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

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Feb 13, 2019
Andrew L. Bennett's answer
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.

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

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Dec 10, 2018
Andrew L. Bennett's answer
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 plead guilty, ask for an attorney (PD) or time to hire an attorney.

Q: What should I do?

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Aug 10, 2018
Andrew L. Bennett's answer
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.

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

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Apr 10, 2018
Andrew L. Bennett's answer
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.

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

2 Answers | Asked in Consumer Law, Criminal Law, Domestic Violence and Family Law for Indiana on
Answered on Mar 22, 2018
John Mario Acosta Jr.'s answer
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 and fill it out and bring it back.

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

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Mar 4, 2018
Andrew L. Bennett's answer
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.

Q: Can I sue?

1 Answer | Asked in Domestic Violence, Small Claims, Consumer Law and Personal Injury for Indiana on
Answered on Feb 16, 2018
Chase T Wilson's answer
No, because there was no physical harm done. You should, however, report her to management. That's absolutely unacceptable behavior.

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

1 Answer | Asked in Child Custody, Divorce and Domestic Violence for Indiana on
Answered on Dec 11, 2017
Clarissa Finnell's answer
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 upbringing. The impact of having a domestic batter charge against you would really depend on how that impacts you ability to make decisions jointly with your ex and in the best interest of your child....

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

1 Answer | Asked in Personal Injury, Civil Rights and Domestic Violence for Indiana on
Answered on Nov 20, 2017
Chase T Wilson's answer
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.

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

2 Answers | Asked in Domestic Violence for Indiana on
Answered on Oct 24, 2017
Valerie C. Horvath's answer
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 cannot be longer than the sentence (jail time and probation). Your attorney and the prosecuting attorney will decide whether or not the NCO terminates when you plead guilty to the lesser misdemeanor...

Q: I'm 18 years old with a misdemeanor domestic violence charge with my baby daddy, and a no contact order. Will it be

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Aug 4, 2017
Andrew L. Bennett's answer
A NCO is issued by the judge and remains until the judge terminates it. As far as the case goes your baby daddy is a witness and where the case goes from here is mostly up to the prosecutor. You should contact an attorney to fully discuss all the details and your options.

Q: Prosecutor wants a statement but I'm trying to get him to drop charges against my bf for domestic battery

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Jul 10, 2017
Paul Stanko's answer
Once you got the police involved, the prosecutor was also likely to be involved. It is not your call whether charges are dismissed. That is entirely up to the prosecutor. If you DO make a statement, you may want to retain an attorney first. Depending on circumstances, you could be facing perjury or false informing charges.

Q: My older brother's girlfriend sent me a message to kill myself. Do i report her to the police?

1 Answer | Asked in Family Law, Domestic Violence, Internet Law and Military Law for Indiana on
Answered on May 20, 2017
Robert Donald Gifford II's answer
It is recommended you make a police report to document what has happened and what has continued to occur. You may want to consider getting a protective order to stop the harassment. I would inform your chain of command in your reserve unit in the event it becomes an issue, and provide a copy of the police report.

Q: Can I get a no contact order removed before the case has been to trial and reached its conclusion?

2 Answers | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on May 12, 2017
Paul Stanko's answer
No contact orders normally remain in place until a case is concluded. Unless the prosecutor is agreeable and the judge is willing, what you want is unlikely to occur, and almost certainly not without you appearing in court and testifying.

Once you get police and the prosecutor involved in a "domestic" situation, it is no longer just domestic. You will have to play along with the criminal justice system.

Q: My daughter was murdered by boyfriend (& father of daughter, 4); can I sue boyfriend's mother for wrongful death?

1 Answer | Asked in Criminal Law, Domestic Violence and Wrongful Death for Indiana on
Answered on Mar 15, 2017
Peter N. Munsing's answer
No, you can only sue the killer. However, chances are neither she nor her son have money, so you'd spend a lot of time for no result. Not to mention spending money. Do what you are doing to change the custody agreement.

Q: My former landlord and boyfriends mother has falsely put a restraining order againstorde

1 Answer | Asked in Criminal Law, Domestic Violence and Landlord - Tenant for Indiana on
Answered on Mar 12, 2017
Alexander Florian Steciuch's answer
I cannot comment on whether or not the restraining order that is in place is 'false.' If your former landlord has gotten a restraining order against you and you believe it is false you need to hire a criminal defense attorney to dispute it.

How were you illegally evicted? Did they go to court and obtain a formal eviction? If you were a tenant you need to have a formal eviction proceeding brought against you to remove you from the property. Even if they did this and have obtained a...

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