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
Doctors asked me if someone hit my back or if I had fallen, I said no because I thought my back just went out the next day because I moved wrong but I doubt now that they kept asking me if I had fallen lately if they didn't think that's how it could have even happened, what should I do?... View More
answered on Mar 4, 2018
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.
I decided to go shopping for some clothes and wanted to try on a few items before purchasing them. Only a few fit me so I didn't take the ones that I didn't want. When I left the dressing room there was a worker going through the items in my cart and I asked her where I can put the items... View More
answered on Feb 16, 2018
No, because there was no physical harm done. You should, however, report her to management. That's absolutely unacceptable behavior.
My ex-wife left in September of 2014 came back in May of 2015 she got joint legal custody and now I have a domestic against me and my ex wife wants to get sole legal custody of my daughter can she when I'm working two jobs
answered on Dec 11, 2017
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... View More
The roommate is not on a lease, has lived here for over 6 months, and is the son of father’s girlfriend. My father owns the house. His threats also including filing false charges against me with the police, access to private electronic communications, that I never gave any right to get and have... View More
answered on Nov 20, 2017
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.
Since both charges originated from one case will the no contact order remain until probation for marijuana charge is complete?
How do I advocate (as the victim in this case) for resolution of no contact order asap?
answered on Oct 24, 2017
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... View More
My brother is 22 and sister is 20
Dropped ,If he wants to drop the no contact order
answered on Aug 4, 2017
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.
answered on Jul 10, 2017
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... View More
I made a visit to my brother and grandmother and she threatened me the first time because my nephew was their. I have rarely and even so never really talk to her. Now she has used a different account from a friend of hers, on facebook after i blocked, to message and tell me to kill myself. I dont... View More
answered on May 20, 2017
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... View More
His last trial is at the end of the month. To be honest, I haven't been personally served a subpoena so I haven't been showing up to the hearings. Is there anyway to get the no contact order removed before the end of the trial without me having to show up to the trial and testify?
answered on May 12, 2017
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... View More
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.
