Dropping Battery and Intimidation Charges in Indiana
INDIANA (Hendricks County) On Friday my boyfriend and I got into a fight and he picked me up around the torso to put me out of his room. I yelled get off me and then one of my female friends ran up and got entangled in the mess and ended up falling and hitting her head. SHe is fine and she called the police and we had to file a report and they arrested him. When the cop was present my bf called me and was screaming at me about killing me so he also got an intimidation charge (he was drunk and angry - i know...not an excuse...just the situation)
He is in jail now and I need to know about dropping the charges. From what I have read i cannot drop the charges because the state picks them up and charges him. But i need to know what i can do to help lessen the punishment on him. I am just as much to blame because we were fighting and i went in his room without his permission and he picked me up to get me out of his room. Can anyone give me any advise on how to get them to lesson the punishment for him?
he is certain there will be a no contact order to where he cant contact me also. How do i get rid of that? I have tried googling for answers but cant come up with anything reasonable.....
Re: Dropping Battery and Intimidation Charges in Indiana
It depends on your definition of "reasonable". Why do you think it's ok for him to physically pick you up and remove you from a room? (Not to mention threatening to kill you - alcohol doesn't CAUSE that, you know.)
You are correct that you cannot drop the charges. When you file a police report or make a complaint, you are only a witness. The DAs office brings and pursues charges.
There may or may not be a no contact order. In some courts they are handed out like candy, while in others the victim (that's YOU) must request one. You can simply not request one and hope for the best.
Re: Dropping Battery and Intimidation Charges in Indiana
OK so he DID get a no contact order and i called the hendricks county prosecutors office and they said that i can write a letter requesting termination of the NCO and that i need to deliver it in person and they will make a copy of my drivers license and put it in the file. They said it would just go into the file.. nothing will happen from me doing it.... i asked if it can be taken to court to get the NCO dropped and they said no.
Is there really nothing i can do? Have I lost all my rights as a so called victim? What about the Fifth Amendment. Technically he is still innnocent because he hasnt been to court yet to be found guilty or not guilty. It states he should not be deprived of life, liberty, or property. Isnt Liberty the ability to act according to ones own will???? If i am writing a letter and signing it and getting it notorized allowing him to contact me, wouldnt the prosecutor who does not drop the NCO be depriving him of his constiutional rights???
Re: Dropping Battery and Intimidation Charges in Indiana
Quote:
Quoting
kellykells
OK so he DID get a no contact order and i called the hendricks county prosecutors office and they said that i can write a letter requesting termination of the NCO and that i need to deliver it in person and they will make a copy of my drivers license and put it in the file. They said it would just go into the file.. nothing will happen from me doing it.... i asked if it can be taken to court to get the NCO dropped and they said no.
Is there really nothing i can do? Have I lost all my rights as a so called victim? What about the Fifth Amendment. Technically he is still innnocent because he hasnt been to court yet to be found guilty or not guilty. It states he should not be deprived of life, liberty, or property. Isnt Liberty the ability to act according to ones own will???? If i am writing a letter and signing it and getting it notorized allowing him to contact me, wouldnt the prosecutor who does not drop the NCO be depriving him of his constiutional rights???
Please look up the Fifth Amendment and tell me how it applies to above.
Re: Dropping Battery and Intimidation Charges in Indiana
I suspect they believe that the Due Process clause is violated by a criminal no-contact order.
Re: Dropping Battery and Intimidation Charges in Indiana
i am thinking that because i am writing a letter stating i want the NCO terminated because I am not at risk and the prosecutor saying NO that he is a criminal even BEFORE he has been CONVICTED that it is violating his rights because he is innocent until proven guilty
i dont know much about the law as i have never had any interaction with them before and am lost and trying to research as much as i can and am considering a lawyer myself because i need to get this NCO lifted because it is BS
Re: Dropping Battery and Intimidation Charges in Indiana
In repsonse to aardvarc from above about why i think it is ok for him to put his hands on me
IC 35-41-3-2(b) and (c)
states that
...a person is justified in using reasonable force,..., if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, cutilage, or motor vehicle.
...force is necessary to immediately prevent or terminate the other person's trespass on or criminal interference with property lawfully in the person's possession...
He was laying in bed when i walked in and started grabbing stuff.
He picked me up around the waist and physically put me out of his room. I know that had my friend not jumped in and started to hit him, he would have closed the door and locked it in my face. He had no clue if i was going to start trashing his room or his property!