Get free answers to your Domestic Violence legal questions from lawyers in your area.
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
Defendant is not US citizen and is on Ice Hold. should he take offer and accept counciling, probation , etc instead of jail time or say not guilty and continue trial so that he won’t be deported.
answered on Oct 2, 2019
This is like asking a doctor over the internet should I have my lung removed or take the chance with the chemotherapy.
He has an attorney who he should listen too.
Isn't this your BOYFRIEND who is charged with strangulation of a pregnant woman?
There is a no contact order issue. He is not a US citizen. I am pregnant and he is the father of the baby. I want his charges to be dismissed.
answered on Oct 1, 2019
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... View 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?
answered on Aug 21, 2019
Yes. The police may choose to charge you, him or both based on the fact pattern you have provided. The police will need to determine if throwing the water and pushing was defensive or provocation.
answered on Jul 2, 2019
Obtain their license plate number, call police and report it. . Do not try and confront the persons throwing the items at your car.
If it really is intentional the insurance company for the person who threw the item will not pay for the damage. You will likely find that the thrower does... View More
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
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.
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