Get free answers to your Domestic Violence legal questions from lawyers in your area.
She screams at us daily, exposes herself to Covid-19 by traveling and then comes back to the apartment, and throws things and refuses to clean after herself. (She also is often drunk or high?) She’s acting violent and we have to lock our bedroom doors at night. We asked her to leave by the end of... View More 
answered on Dec 12, 2020
Have either of you discussed it with the landlord. You or the landlord can also go to court to get an order to evict her. Your landlord may also want to change the locks on your appartment.
can i request to the judge to drop my charges against him ? will i get introuble, i wasnt lying when the police report happened but i didnt want charges to be pressed when it happened and did not want a no contact order either , they did that themseleves. what can i do to drop the charges and no... View More
answered on Oct 26, 2020
Contact the Victim's Assistant at the Prosecutor's Office and advise them of your thoughts about the case. The prosecutor has the decision on what happens, however, they have to at least take your thoughts into consideration.
answered on Sep 22, 2020
It means they are putting the court and all parties on notice of an amendment to something such as the charging information or some other document.
I'm looking for references for case law concerning when law enforcement must read a Miranda warning on scene of a domestic battery. I am a law enforcement officer and I was told by a co-worker that Miranda does not need to be issued at the scene of a domestic battery because there's case... View More
answered on Sep 16, 2020
I applaud your wanting to do it correctly. Look at Lexis or Westlaw to find Indiana cases that follow Miranda. Why isn't the prosecuting attorney giving you direction? Also, you should ask the attorney for the department, ie City or County Attorney. Does the department have an SOP?
I'm trying to file for a virtual hearing. My abuser is an auxiliary police officer and has been helped by the cheif of the police. The hearing is for protective orders is 9-8-2020. I've also reached out to advocates with no luck. I'm a critical care rn disabled with Multiple... View More
answered on Aug 29, 2020
Have you contacted the court to ask if you can appear by zoom. In addition to not feeling safe, is COVID a concern at all?
answered on Jul 18, 2020
It is not your choice if the case proceeds or is dismissed, it is entirely the prosecutor's choice. In Indiana a victim does not press charges, the State presses charges and the victim is a witness who does have some say so in how the case proceeds. The prosecutor is legally obligated to ask... View More
Father of minor child has filed with the court a petition to establish custody and parenting time as to minor child born out of wedlock. DNA has been confirmed that he is not the biological father. Minor child is 19 months old. Petitioner has established paternity, minor childs biological father... View More
answered on Jul 14, 2020
It is not clear from your information what question you are asking. Once a petition has been filed, the court will hold a hearing to make determinations on paternity, custody, and support. You will have a right to appear and present evidence and testimony regarding the issues that you discussed.
Can anything be done to stop her. How do I find out if she has a no contact as well?
answered on Jun 4, 2020
He should make copies of the texts and email. If he doesn't have an attorney it may be a good idea to hire one. He should petition the Court to terminate the NCO based on her continually contacting him. Is she really in fear?
My wife issued a protective order for 2 years. I have a possible criminal case allegation which can be active at any time as I am said. But I only have few days left to appeal to cancel or modify the protective order. Whatever I say in this hearing can be used against me. I am a F1 student in USA.... View More
answered on May 14, 2020
For the immigration question, the PO will not have any effect on your immigration matter. Violating it will have severe consequences. The underlying crime might have consequences also.
Can they press charges
answered on May 4, 2020
If the restraining order is prohibiting them from having contact with you and they come onto your property, they would be in violation of the order and can be arrested for Invasion of Privacy. Additionally, if they are on your property and you start a fight with them, even though they violated the... View More
I hid something of my sisters so she’d pay me back money that she owed me for breaking my things.(items I took never left the room.) She attacked me and broke through my door as I was closing it to get away from her. She charged me, and I hit her in the face to get away, because she wouldn’t... View More
answered on May 4, 2020
First, you need to hire an experienced criminal defense attorney who can help defend you against this criminal case. Second, any good criminal defense attorney will tell you that you should only be discussing the facts of your case with your attorney. You should not talk with your friends, your... View More
I was injured and my daughter was trying to stop him. She attempted to call for help but he smashed her tablet. He was severely intoxicated and I know this isn’t like him and I just want him to be able to have a standing chance because he’s been charged with a level 6 felony. What can I do?... View More
answered on Apr 19, 2020
Voluntary intoxication is not a defense in Indiana. He needs an experienced criminal defense lawyer.
My boyfriend was currently on house arrest, me and him had a argument and I over exaggerated the details of the fight to the police Our two children were present but asleep he was taken to our city jail and held for 48hours. I decided against pressing charges. Upon his release his case worker... View More
answered on Apr 19, 2020
You have no control over whether the prosecutor files charges. If you want to clarify the facts with the prosecutor before charges are filed, that might have an impact.
answered on Apr 16, 2020
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... View 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... View More
answered on Apr 8, 2020
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... View More
answered on Mar 24, 2020
A person may charged with disorderly conduct under Indiana Law if the person recklessly, knowingly, or intentionally:
(1) engages in fighting or in tumultuous conduct; or (2) makes unreasonable noise and continues to do so after being asked to stop.
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... View More
answered on Feb 25, 2020
She needs to consult with an experience criminal trial attorney who is familiar with the court and the prosecutors office where her charges are pending.
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... View More
answered on Feb 18, 2020
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... View 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... View More
answered on Oct 26, 2019
A detailed explanation of court procedure of this nature is beyond the scope of this column.
Bf is charged with level 5 felony Domestic battery against pregnant women. I realize he could be deported and I do not want that. How can I help so that he is found not guilty?
answered on Oct 2, 2019
You appear to be asking us to provide you with some method, perhaps illegal, I, for one, will not be engaged in this.
What? Have to pay a lawyer for the work they do? On a criminal case at that? Say its not so! THAT stated, AVVO is no a dollar store version of lawyering where you get... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
