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  1. #1
    Join Date
    Feb 2009
    Posts
    2

    Unhappy Domestic Battery and Battery Resuliting in Bodily Injury in Indiana- 2 D Felonies

    My question involves criminal law for the state of: Indiana.

    I was arrested about a week ago and I am very confused and scared about what is happening. My boyfriend and I were arguing and his 13 year old daughter was with us. We had pushed each other around a little not really hurt each other but I had a bruise on my hand and he had a red mark on his face. During the course of the arguement things had gotten thrown and the next thing we hear is his daughter say something hit her and she was calling the police. When they arrived I specifical heard my boyfriend say that I didn't do anything to him and I said the same for me. The officer told me he was arresting me for "juvenile battery." I was taken to jail and did not recieve a bond for 3 days in which i posted it as soon as I recieved it. The day before they had called me down and made me sign a protective order against my boyfriend. I was very confused I though any order would be against his daughter. Also on the order was when i learned my charges were 2 d felonies, domestic battery and battery with bodily injury. My boyfriend was immediately furious and went to the prosecuters office and filed paperwork to drop the no contact order (which they also told us will stay in effect for 60 days no matter what which is difficult because we both live together and have no extra money and no where for either of us to go causing us to constantly live in fear that we are going to get caught together). He even refuses to fill out the victim impact statement that they sent to him. I have to go to court thursday for the preliminary hearing in which i am just going to ask for a public defender. My only worry for that date is where to tell them i live being scared that they wont let us both use the same mailing address. I just don't understand why i got charged the way i did and i have no idea what the consequences are or the chances of me being found guilty. all i have ever been convicted of before was 2 criminal mischief charges about four years ago. I've had a steady job for the past year, i already enrolled in a non-violence group (that the no contact order said i had to sign up for), annd i bring the most money to the house and pay most of the bills. can any one give me any advice?

  2. #2

    Default Re: Domestic Battery and Battery Resuliting in Bodily Injury in Indiana- 2 D Felonies

    The fact that the situation turned to violence, and that there were injuries (yes slight, but still injuries) to the parties involved means the prosecution isn't likely to play nice - they are going to look for a conviction. That a minor child was an inadvertent victim in the violence between the adults in the home means they are going to look harder than usual. You need a criminal defense attorney and you need one now.

    As for your BF, he certainly doesn't have to cooperate or file a victim impact statement. However, the case certainly can and most likely WILL proceed, even if he is committed to throwing wrenches into the gears. The court can ORDER him to appear and testify, and the prosecution can treat him as a hostile witness. His child being injured also has much larger implications, such that Child Protective Services (who I can pretty much guarantee already has a copy of the arrest report) is also going to be standing in the wings, ready to remove the child from his care for "failure to protect" if they get a whiff that the no contact order has been violated or if you are found anywhere around the home or the child. And, you'll be arrested, again, and probably held without bond, since your presence at the home, in violation the court's order, puts the child at additional risk. If you are still under the same roof against that order, you're facing arrest again and he's facing loosing his child. Just the fact that he went to try to quash the order is going to tell the prosecutor and court that his primary concern is getting you back in the home, and NOT protecting his child. Big red flags all over the place. When you meet with your public defender, BELIEVE then when they says "get out of that house, get out now, live in your car if you have to", because adding another charge could significantly increase the odds that prison would be in your future and/or your BF would be without his daughter.

    Unless the charges are somehow pled down, EACH felony count could result in a punishment of six months (in county jail) to three years imprisonment (in a state prison), a fine of up to $10,000.00 or both. (see IC 35-50-2-7). If they were sentenced concurrently (served at the same time) you'd be looking at 6 months to 3 years, if stacked, you'd be looking at 1 to 6 years in prison - plus more charges and time for the order if you are found to have violated it.

    The best advice is to not make an already bad situation worse. You're already in hot water. OBEY the court's order. To the letter. Listen to your attorney very carefully - public defenders are in court all day every day, and they know the prosecutors well, who they can work a deal with and who they can't, what deals would likely be accepted or rejected (that's IF a deal is even offered), and sentencing habits of the judges they work with.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  3. #3
    Join Date
    Feb 2009
    Posts
    2

    Default Re: Domestic Battery and Battery Resuliting in Bodily Injury in Indiana- 2 D Felonies

    His daughter doesn't live with us. She doesn't even visit him more than a couple times a year. On top of that it is my house, all the bills are in my name his name is on the contract but thats it. I have my two kids comes here 2 days every week and i have no family around and no where else to go. now everytime there is a slight arguement he threatens to have me kicked out of the house. what am i suppose to do? he has other places to go and i don't and im so scared.

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