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Indiana Domestic Violence Questions & Answers
2 Answers | Asked in Criminal Law and Domestic Violence for Indiana on
Q: Can I get a no contact order removed before the case has been to trial and reached its conclusion?

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?

Paul Stanko
Paul Stanko
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...
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1 Answer | Asked in Criminal Law, Domestic Violence and Wrongful Death for Indiana on
Q: My daughter was murdered by boyfriend (& father of daughter, 4); can I sue boyfriend's mother for wrongful death?

His mother is terrorizing me doing horrible, unthinkable, unethical and dishonest things (got my daughter's SSI $ with non-legal, non-valid Guardianship form ($518 per mo). I just got "Co-Guardianship"--she reduced my parenting time by over 75% by manipulating interpretation of... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 15, 2017

No, you can only sue the killer. However, chances are neither she nor her son have money, so you'd spend a lot of time for no result. Not to mention spending money. Do what you are doing to change the custody agreement.

1 Answer | Asked in Criminal Law, Domestic Violence and Landlord - Tenant for Indiana on
Q: My former landlord and boyfriends mother has falsely put a restraining order againstorde

Illegally evicted and they r holding my belongings and my animals not allowing me to have them

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 12, 2017

I cannot comment on whether or not the restraining order that is in place is 'false.' If your former landlord has gotten a restraining order against you and you believe it is false you need to hire a criminal defense attorney to dispute it.

How were you illegally evicted? Did...
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1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: What's the process of dropping charges of criminal reckless if the witness is a baby moma
Paul Stanko
Paul Stanko
answered on Mar 7, 2017

Only the prosecutor can file or drop charges. The alleged victim would have to ask the prosecutor to dismiss the charges, but cannot require it.

1 Answer | Asked in Constitutional Law, Criminal Law and Domestic Violence for Indiana on
Q: Can I get charge with a domestic violence charge if my girl lied on me Sunday and Tuesday I run into the police th

They lock me up Tuesday because my girlfriend made a report Sunday. But they never issue a warrant I just ran into them then I had to talk to a detective I told I want a lawyer still lock me up out on bond I just hired my lawyer today!

Paul Stanko
Paul Stanko
answered on Feb 23, 2017

If you were arrested you can expect charges to be filed. Since you talked to a detective before getting counsel, you already made one mistake. Discuss your options with your attorney and follow his/her advice!

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Indiana on
Q: If my domestic charges are all dropped to a misdemeanor battery would the no contact order put in place be dropped to

My fiancé has attempted to drop charges against me an took classes to have the NCO removed the prosecutor has agreed to drop it but the judge will not it has been in place for a few months now with no violations since I have received a plea for all felony domestic charges be dropped to one... View More

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Jan 24, 2017

The NCO can be terminated at any point during these proceedings. If the petitioning party requests it be terminated, by plea agreement, but the judge has to sign off on it and must have a good record as to why it is being done.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: Was arrested for an A misdemeanor battery charge this is my first offense what should i expect in court

I am a 19 yr old female with no previous record this is my first offence last friday i was arrested for a class A misdemeanor battery charge for a fight with a female who ive recently had issues with .. Silly drama but i lost my temper when i saw her and blacked out and started hitting her she did... View More

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Jan 15, 2017

Based on what you are saying it's hard to speculate any situation. Would depend on victim input, your criminal history, you pleading without an attorney, hiring am attorney to meet with the prosecutor's about your case. In all actuality you could face up to one year in jail and a 5000... View More

1 Answer | Asked in Domestic Violence for Indiana on
Q: My sister is asking for a hearing to modify my restraining order I have against her ex parte. How do I fight this?

Need advice on how to make sure protection order remains. My nose is broke because she hit me and has mental issues she Won't get help for and she's 39 years old.

Paul Stanko
Paul Stanko
answered on Dec 24, 2016

If she asks for a hearing and is granted one, you should receive notice. Attend the hearing and testify. The judge will decide whether to grant her motion.

1 Answer | Asked in Domestic Violence and Juvenile Law for Indiana on
Q: An adult hit my friend and my friend shoved him back (no wounds were made) Can my friend get in trouble for that?

The adult is his grandfather(he doesn't have custody of my friend)

The grandfather has been threatening to sue and beat them for years.

My friend has some recorded evidence of his grandfathers behavior.

My friend is 15 years old

Paul Stanko
Paul Stanko
answered on Oct 1, 2016

In Indiana, battery does not require injury. A shoving can be charged as battery. If a delinquency petition is filed against your friend, he is entitled to legal counsel to assist in his defense.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: My friend is being charged in Indiana on a level 6 domestic violence charge. He has never been arrested for this crime,

Which due to the prosecution, and not the defense, has been slowly dragged along in the court system now for nearly 2yrs. He has had 3 arraignments now on said charge and given a plea deal for up to 3yrs when I thought the max was 2 1/2. He's refused all pleas. Also, he was given a polygraph... View More

Paul Stanko
Paul Stanko
answered on Sep 17, 2016

Does your friend have a lawyer? Taking a polygraph is something I would never have a client do. Any competent criminal lawyer could answer all of these questions based on the particulars of that case. If your friend does not have a lawyer, he should retain one immediately!

1 Answer | Asked in Family Law, Criminal Law and Domestic Violence for Indiana on
Q: 16yr old step son is verbally/psychical abusive to mother and I. what can I do to protect myself when being attacked.

step son 16yrs old mother /step father 46

Paul Stanko
Paul Stanko
answered on Sep 11, 2016

Call the police and have him detained, then file delinquency petition through the prosecutor.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: What is the longest time period you can wait to file assult charges? How many days after the incident can you report it?

I was assulted by my bf..and I'm wondering or debating whether to press charges...it's day 2 right now and I haven't talked to the police... what is the longest I can wait..

Paul Stanko
Paul Stanko
answered on Sep 11, 2016

Two years is the statute of limitations for a misdemeanor. Keep in mind that once you contact the police, the prosecutor will decide whether to file charges. Once charges are filed, you have no right to have them dismissed---the prosecutor has complete discretion.

1 Answer | Asked in Domestic Violence for Indiana on
Q: Can my room mate have a gun in the house when I have a domestic violence record? I am now divorced from my spouse
JR Emerson
JR Emerson
answered on Feb 14, 2013

The question is not whether your roommate can have a gun in the house, the question is can you be in a house with a gun located on the premises?

You will need to look at your DV Order and see if you are Brady disqualified or not and/or for how long.

2 Answers | Asked in Domestic Violence for Indiana on
Q: In a domestic dispute can a Lieutenant from Louisville Metro Dept of Corrections come over and get someone evicted
Terrence Rubino
Terrence Rubino
answered on Jul 1, 2011

a law enforcement office can have authority to carry out/enforce a court order, such as a protective order. it depends on the situation.

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