Get free answers to your Domestic Violence legal questions from lawyers in your area.
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.
Looking at 4 felony charges of assault with a deadly weapon in the state of Indiana. First court date is May 20th.
answered on Apr 11, 2019
When you plead guilty, you admit your guilt and waive your right to any trial.
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.
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.
Different cases
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.
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... View More
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... View 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
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,... View More
Charges are level 6 strangulation and two a misdemeanor domestic violence, skipping out on probation for a level 5 burglery, only 4 months left.
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.
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... View More
answered on Feb 16, 2019
This is not a criminal law question. You should consult a personal injury lawyer.
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... View More
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.
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... View More
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... View More
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... View More
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.
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... View More
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.
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... View More
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... View More
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