If the charges are in the State of Indiana, you cannot drop charges. The Prosecuting Attorney has the discretion to charge and is responsible for the case, not the victim. However, you can express to the prosecutor that you are not interested in him being prosecuted and it should be taken into...Read more »
I called the police on my significant other due to domestic violence, our two children where in the home and I am pregnant . He was taken on a 48 hour hold, I did not pursue charges or even further go to the police station to speak with anyone I figure it’s better to just leave. How long does... Read more »
If the police responded to a domestic violence claim with children present, he most likely will be charged with Domestic Battery in the Presence of a Child as a Level 6 Felony as well as additional charges depending on the circumstances. Depending on his history he should have a bond, though there...Read more »
They are just recently divorced after 15 years of marriage. Through the years he’s been physically abusing her and finally she was able to leave; however, after their altercation where he pressed charges against her, he is threatening to go ahead with them unless she complies with his advances to... Read more »
People try to kiss and handle my daughter all the time in public because they love babies and think she’s adorable I ask them to back away and they get really mad with me. If they try to come back anyways I sometimes have to shove them away. What’s the legal standing on people attempting to... Read more »
You'd have to check with an Indiana attorney on this, as to how the kiss or touch could be defined under state penal codes or civil laws. But your post remains open for four weeks. By textbook definition, one could argue that the conduct amounts to battery, but in terms of viability, it...Read more »
My brother had his children on his weekend for visitation. The mother wanted them to go home and he told her no as it was his weekend per court orders. She said she was going to come to my house and get them. He had told her not to come. We knew she was coming and had been drinking so we called the... Read more »
The filing of the charges and the continued prosecution of those charges is completely the prosecutors choice. Victims Assistance from the Prosecutors Office should have contact with you where you can advise them of your position, however, it will still be the prosecutors decision to move forward...Read more »
My boyfriend and I got in an argument. He kept calling me a xxx so I threw water on him and pushed him. He pushed me back so I punched him and he ended up choking, dragging, and kicking me across my apartment. My parents want me to press charges but could I also be charged with domestic battery?
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.
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.
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.
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 »
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 »
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
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.
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.
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 »
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 »
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