What is the Punishment for Resisting Arrest in Indiana?

Posted on December 30, 2021 by admin

After the holiday season, there are many things we are trying to resist in the New Year, like confectioneries, milkshakes, and pizza pies. But when it comes to being arrested, resisting is not something that will help you reach your goals, no matter what they may be. If you are ever confronted by the police, whether in a routine traffic stop, street stop, or home visit, it is critical to your future and your freedoms to cooperate with the authorities to the fullest extent. Failing to cooperate with the instructions or requests of law enforcement can subject you to charges of resisting arrest. There are hefty penalties for such charges upon a guilty conviction, including fines and possible jail time.

Continue reading to learn what they are, plus what you need to do right away if you were just released on bond for a resisting arrest charge in Indiana.

Resisting Arrest Attorneys Indianapolis IN 317-636-7514

What is Resisting an Arrest?

You are guilty of resisting an arrest by law enforcement officials when you knowingly or intentionally use force to resist an arrest or interfere with a police officer while they are legally performing their official duties. A person can be charged with resisting an arrest if they behave this way toward a person who is assisting a police officer too.

Other forms of resisting arrest include:

By force, resisting or interfering with official court services or authorized criminal processes. An example of this would be resisting a search warrant being executed by police or disrupting someone being served with legal documents.

Running away from law enforcement after a police officer identifies themselves and orders the person to stop for questioning. Cops can legally identify themselves to citizens audibly, visibly, or by turning on their emergency lights and sirens.

Resisting Arrest Laws in Indiana

The laws surrounding the act of resisting law enforcement is found in Indiana Code, Title 35, Article 44.1, Chapter 3, Section 35-44.1-3-1. Upon a guilty verdict, defendants may face several types of court-ordered penalties, including fines, community service, classroom education, rehabilitation, probation, ankle monitoring, and jail time.

The crime of resisting arrest is charged differently depending on the details and circumstances of the incident. Charges range anywhere between a Class A Misdemeanor to a Level 2 Felony.

Class A Misdemeanor:
Fines up to $5,000
Jail up to 1 Year

Level 2 Felony:
Fines up to $10,000
Jail up to 30 Years (Advisory Sentence of 17.5 Years)

Related Crimes One Might Be Charged With:

▶ Disarming a Law Enforcement Officer
▶ Refusal to Aid an Officer
▶ Escaping Law Enforcement

Because legalese is very complicated to comprehend, it is important to consult with a licensed criminal defense lawyer in Indianapolis to ensure you are fully educated on whatever charges you are facing in Indiana currently.

Are you looking for qualified criminal defense that can reduce or dismiss your resisting arrest charges in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for superior and aggressive Indianapolis criminal defense you can count on. We can meet over the phone, via online video conference, or in person at our office.

Frequently Asked Questions About Welfare Fraud

Posted on May 28, 2021 by admin

What is welfare? Welfare is a form of government assistance, and provides public relief and benefits to those in need. The government looks at age, income, financial status, disabilities, and other infirmities to verify if a person qualifies for welfare programs. Federal welfare programs are administered by the state, and paid for out of public reserves funded by tax revenues.

If you or someone you love was recently arrested or indicted on welfare fraud charges or disability fraud charges here in Indiana, you need to educate yourself on the facts and obtain legal assistance right away. Continue reading to review some of the most frequently asked questions about welfare fraud, including how to get started on protecting your rights and preserving your freedoms.

Indiana Welfare Fraud Lawyers 317-636-7514

Welfare Fraud FAQS You Need to Know

Which Welfare Programs are Available?

Examples of welfare-related programs include Supplement Nutrition Assistance Program (SNAP), Aid to Families with Dependent Children (AFDC), Temporary Assistance for Needy Families (TANF), Supplemental Security Income (social security), Medicaid, and more. These programs offer relief and benefits in the form of food stamps, cash, utility assistance, childcare, medical care, and more.

What is Welfare Fraud?

When a person takes advantage of these programs by filing false information in order to qualify for governmental assistance, it is called welfare fraud. And it is a serious theft crime. For example, a woman was sentenced to 8 years in a federal prison after being found guilty of welfare fraud. She used at least 7 different identities and claimed over 30 children, ultimately collecting over $200,000 in welfare checks and over $50,000 in food stamps!

What are Welfare Crimes?

Welfare fraud is a broad crime category containing many forms of welfare crimes. Disability fraud, social security fraud, and unemployment fraud all fall under welfare fraud. Criminals use false identities, claim non-existent dependents, and file documents with falsified information to qualify for government assistance programs.

What are Some Examples of Committing a Welfare Crime?

▷ False reporting of income or employment.
▷ Claiming fake dependents.
▷ Lying about number of occupants in home.
▷ Reporting that a parent does not live at the house when they do.
▷ Neglecting to obey terms of probation while on welfare assistance.
▷ Lying or hiding drug-related convictions or felony arrests on applications.
▷ Hiding or lying about personal assets.
▷ Using false identities to receive multiple benefits.
▷ Failing to disclose additional assistance programs being used.

What is Welfare Disability Fraud?

If you knowingly lie about your need for or entitlement to governmental assistance, or use your loved one’s government assistance knowing they lied to qualify, you are engaging in welfare/disability fraud. It is important to hire a seasoned criminal defense attorney to protect your rights and preserve your freedoms if you believe you may have committed welfare fraud. Making mistakes is part of being human; it is how you manage them that matters.

What Should I Do if I Was Just Arrested for Welfare Fraud in Indiana?

If you are under investigation for public assistance fraud, or have already been charged, it is vital to your future to call criminal defense attorney, David E. Lewis, for tough and aggressive representation. He will develop a strong and impactful defense based on your specific circumstance, challenge all the evidence brought against you, and resolve your case in a way that is the most favorable for you.

Ready to get started? Contact us directly at 317-636-7514 to schedule a free consultation with a seasoned Indianapolis Indiana criminal lawyer who will build you a strong and impactful defense against your state or federal welfare fraud charges.

You Should Also Read:

What Constitutes Credit Card Fraud?
What is Bankruptcy Fraud?
Choose David E. Lewis, Attorney at Law, to Fight Fraud Charges in Indiana

Indianapolis Criminal Defense 317-636-7514 — Schedule a Free Consultation Today!

Did Your Arresting Officer Violate Your Miranda Rights?

Posted on May 25, 2021 by admin

If you are recently approached by law enforcement, or worse, arrested, you may be wondering about your Miranda rights. There are many misconceptions regarding Miranda warnings, one of the most common being that they must be read at every police interaction. Continue reading to learn whether or not your Miranda rights were violated, and what you should do if they were.

Indianapolis Indiana Criminal Defense 317-636-7514

Learn Your Miranda Rights

As a result of the case, “Miranda versus the state of Arizona”, the United States Supreme Court ruled that detained criminal suspects must be informed of certain constitutional rights before police questioning or interrogation takes place. Miranda rights mostly have to do with the 5^th and 6^th Amendments under the United States Constitution.

Your 5^th and 6^th Amendment

The 5^th amendment protects the right to due process and prohibits self-incrimination and double jeopardy. The 6^th amendment guarantees the right to an attorney, and protects the right to a fair and speedy trial, the right to be notified of accusations, the right to confront the accuser, and the right to obtain witnesses.

THE TRADITIONAL MIRANDA WARNINGS:

▷ You have the right to remain silent.

▷ Anything you say or do can be used against you in a court of law.

▷ You have the right to consult an attorney before speaking to police, and have an attorney present during questioning now or in the future.

▷ If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.

▷ If you decide to answer any questions now without a lawyer present, you still have the right to stop answering at any time until you talk to a lawyer.

▷ Knowing and understanding your rights as they’ve been explained to you, are you willing to answer any questions without an attorney present?

Your Pirtle Rights ► The Miranda Rights primarily apply to interrogations, but your Pirtle rights apply to law enforcement seeking consent to search your property, whether vehicle, home, storage unit, or business. If a person is in police custody and asked to consent to a search of their property, they have the right to consult with their attorney and have them present before giving consent.

What You Need To Know About Miranda Rights

The rules and regulations regarding Miranda warnings and what police officers must say to people under arrest differ among jurisdictions within the United States. It is important to understand that Miranda warnings are not meant for every police interaction, and may not always be read to a person. For instance, if the police officer citing you for a moving violation, they won’t be reading you any legal warnings.

The only situation in which law enforcement is required to read a person their Miranda rights is if custodial interrogation is going to take place. This means if police officers intend to interrogate and question a suspect for the purpose of making an arrest, they must read the suspect their Miranda warnings first before questioning them.

Do you believe that the arresting officer failed to deliver Miranda warnings? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation with a seasoned Indianapolis Indiana criminal lawyer who will build you a strong and impactful defense.

You Should Also Like:

Understanding Your Miranda Rights
Can I Tape Record an On-Duty Police Officer?
What are My Constitutional Rights After Being Arrested?

How to Be a Good Witness in Your Own Criminal Case

Posted on March 16, 2021 by admin

Although most criminal lawyers will recommend that you do not testify at your trial, there are times when a defendant’s personal testimony can be a good strategy for the defense. If you are asked to testify as a witness in your criminal case, or even in someone else’s, be sure you take the time to fully prepare. Start by learning how to be a good witness in your own criminal case to avoid incriminating yourself further or damaging the strength of your defense.

Indianapolis IN Criminal Defense Law Firm 317-636-7514

What TO DO and NOT TO DO as a Witness

WHAT YOU SHOULD DO:

Understand that subpoenas are serious matters that need to be dealt with in a timely fashion. After all, subpoenas are forced and mandatory court orders, and ignoring one can put you in further trouble with the law.

Be forthcoming during your testimony. Although you should not openly divulge every minute detail of your account of the case, you do need to answer all questions professionally, intelligently, and honestly; otherwise, you might face serious felony charges for perjury and contempt of court.

In addition to being honest with the courts and opposing lawyers during your testimony, it is equally important to do the same with your own criminal defense lawyer. They must know everything in order to build an impenetrable defense against your criminal charges.

Remain openly available to speak and meet with your criminal defense attorney. Your case is important, and if you want to avoid jail and the maximum penalties for your charges, be sure you are staying in touch with your lawyer when they need to contact you.

Take your lawyers advice, no matter your circumstances. Your criminal defense attorney knows what it takes to place yourself in the best possible position in front of the courts. If they tell you to do something, or avoid something, it is vital that you obey.

Dress yourself in comfortable, but professional attire for the big day. You might be in the court room for long hours, so you want to be comfortable in order to remain relaxed and focused. Just be sure you are not dressed too comfortably; dress professionally, like you are attending church or a job interview.

DO NOT:

☒ Guess or Lie – Be honest at all times. State the facts.

☒ Help – Only answer the question. Do not give additional, unrequested information.

☒ Fail to Appear or Be Late – Never miss a court date and arrive on time.

☒ Joke Around – Being funny or charming is not recommended.

☒ Answer Confusing Questions – Only answer questions you fully understand.

Are you in need of reliable criminal defense in Indiana? Contact David E. Lewis, Attorney at Law, at 317-636-7514 to schedule a free consultation, today. He will protect your rights and preserve your freedoms!

You Might Also Like:

The Top Three Rules for Testifying in Court
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Do Not Make These Mistakes if You are Facing Criminal Charges

Posted on March 10, 2021 by admin

So, you were just arrested? Most likely, you are now facing criminal charges. If you are, it is vital that you do everything necessary from here on out in order to protect your rights and preserve your freedoms. Most importantly, you want to avoid jail time. Continue below to learn which mistakes you should never make if you are facing criminal charges.

Criminal Lawyer Indianapolis Indiana 317-636-7514

What Not to Do After Being Arrested for a Crime:

Do Not Hire the Most Expensive Defense Lawyer

Just because a criminal defense lawyer charges out the wazoo for their services does not mean they are the best at what they do. So, try to avoid choosing an attorney based on how elite their office and rates may appear to be. Sometimes, the added costs are simply to cover their expensive office rent, 3 piece suits, and staff lunches. Skip the frills and opt for a lawyer with reasonable rates and payment arrangements.

Do Not Hire the Cheapest Defense Lawyer

Oppositely, but yet similar in theory, do not hire a criminal defense lawyer based on price alone. Just because they are the cheapest law firm you have found thus far does not mean they are a bargain deal you luckily stumbled upon. In such cases, you truly get what you pay for. Most criminal defense attorneys who offer bottom of the barrel rates are new to the industry, and have no experience under their belts.

Do Not Turn Down a Final Plea Deal

When the state finally decides to stop negotiating a plea deal for your criminal charges, it is typically because they have overwhelming amounts of evidence against you, which cannot allow any further reduction of your criminal charges. In this case, take the final plea deal. Do not make the mistake of rejecting the state’s final offer, and opting to go to trial instead. This will cost you more money, and end up worse in the end.

Do Not Post on Social Media

Anything you do between your arrest and your sentencing can impact the level of punishment for your criminal charges. One way to avoid incriminating yourself further is to be very careful what you post on social media. In fact, most criminal defense lawyers encourage clients to stay far away from social media until their case is closed.

Do Not Insist on Testifying at Trial

You do not want to testify at your trial, if you end up there. Let your criminal defense lawyer take the lead, and only speak when instructed by them. The law is complex, and you do not want to accidentally incriminate yourself further on the stand. After all, your freedom is at stake.

Do Not Represent Your Own Case

In the same way you should not testify on your own behalf at your trial, you should never attempt to represent yourself in your criminal case. Almost every defendant who chooses to be their own lawyer fails, and is sentenced to the maximum penalties for their criminal charges. Always, no matter what your budget may be, hire a criminal defense lawyer to navigate your case and reduce your criminal charges.

Are you in need of skilled and aggressive criminal defense in Indianapolis, Indiana? Contact David E. Lewis, Attorney at Law, at 317-636-7514 to schedule a free consultation, today. He will protect your rights and preserve your freedoms!

You Might Also Like:

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Your Guide to Appealing an Indiana Criminal Conviction

Posted on March 1, 2021 by admin

Although you were handed a guilty conviction by judge or jury, you do not have to accept it just yet. The U.S. Constitution gives American citizens the right to appeal their criminal conviction by requesting a new trial. Continue reading to learn more about the process of criminal appeals, and who to trust for advice regarding your recent conviction. Most often, a defendant would use their current criminal defense attorney to represent their appeal. For your appeal, choose a specialized attorney who is expert-certified by the state’s bar organization to practice criminal defense, and who also has experience with appellate law.

Retaining appellate criminal defense is the first step to your appeals process. Continue below to learn more.

Indiana Appellate Lawyer 317-636-7514 — Indianapolis IN Appellate Lawyer 317-636-7514

Motion to Withdraw a Plea

It is important to understand that you cannot appeal your conviction if your plead guilty, or entered a plea of no contest (nolo contendere). If you plead one of the two, you must first enter a motion to withdraw your plea, which is an entirely separate process than appeals. Under these particular circumstances, some states permit defendants to a limited indirect appeal without filing for a motion to withdraw. This is known as filing a “writ of habeas corpus.”

Because the appeals process varies greatly from state to state, the option to go this route is dependent on various factors unique to a defendant’s case and criminal charges. It is best to consult with your trusted criminal defense attorney for professional recommendations distinctive to your case.

2 Step Appeals Process

An appeal is an official legal document that states the lower court’s ruling as incorrect. They must be filed within 30 days of your conviction, so it is important to act fast if you want to move forward with turning over your conviction. There are two primary steps to filing an appeal once you’ve retained professional legal representation. The first step is to file a notice of appeal and send it to the court that sentenced you. This is a one to two page formal document that notifies the court that you are challenging their ruling against you, and that you are taking your appeal to the next highest court for re-adjudication.

Once you have sent your notice to the court, the second step is to file your appeal with the appellate court, which is the next highest court that has jurisdiction over your case. Along with filing your appeal, you must also file an “appellate brief.” An appellate brief is a document that contains a legal discussion explaining why the lower court’s ruling was incorrect. Most often, filing an appeal is not free. Not only do you have to pay for legal representation, but you must also pay to obtain a transcript record of your first case, as well as, court fees, filing fees, and more.

To get started on your appeal, contact a trusted and licensed criminal defense lawyer in your city. They have the knowledge, resources, and skill to advise you on the best course of action for your conviction. Just be sure to act fast since appeals must be filed within 30 days.

Were you convicted of misdemeanor or felony crimes in Indianapolis, Indiana? Contact Attorney David E. Lewis at 317-636-7514 to file an appeal or expunge your criminal record. We offer free initial consultations to discuss your charges and the best strategies for defense!

You Should Read:

Do I Withdraw My Plea or File an Appeal?
What You Need to Know About Indiana Expungement
Information About State Felony Appeals and Criminal Defense

What to Do About Your Meth Amphetamine Charges in Indianapolis

Posted on February 19, 2021 by admin

Hire Attorney David E. Lewis for Aggressive Drug Charge Defense in Indianapolis

If you’ve just been arrested on crystal meth charges, a licensed criminal defense attorney is your only hope at avoiding the maximum penalties for your meth charges. Fortunately, Attorney David E. Lewis is here to help all Hoosiers facing drug crimes. Continue below to learn how the Law Office of David E. Lewis can fight your meth charges in Indianapolis, and get you the freedom and security you desire.

We Will Fight Your Meth Charges So You Can Get Your Life Back on Track.

Why You Need an Indianapolis Drug Defense Lawyer for Meth Charges

If you were recently charged with possession or attempting to distribute meth, it is vital to hire a seasoned criminal defense lawyer with the skills to build you an impactful defense for the sole purpose of reducing or dismissing your charges, or entering into an alternative sentencing agreement. David E. Lewis, Attorney at Law, is your solution to avoiding the maximum penalties for drug charges. Regardless of where your meth amphetamine charges originate from, he can take on your case anywhere in Indianapolis and throughout Central Indiana. He will work around the clock to ensure your rights are protected and your freedoms are preserved.

We Can Help You Recover After a Meth Arrest in Indiana

Here at the Law Office of David E. Lewis, we are fervently dedicated to delivering personalized case assistance and legal defense in an environment entirely free of judgement. David E. Lewis is in this profession to help clients get their lives back on track after being charged with a misdemeanor or felony drug crime. Meth amphetamine is a serious drug that can render infinite and permanent life consequences, which is why he is also here to provide clients with resources for addiction counseling and management.

Request Your Free Meeting Over the Phone or In-Person at Our Indianapolis Law Office

Contact our Indianapolis criminal defense law office at 317-636-7514 to schedule a free initial consultation with aggressive Indianapolis criminal defense lawyer. Attorney David E. Lewis will stop at nothing to ensure you are not sentenced to the maximum penalties when facing any level or number of drug crimes and criminal charges, including meth. With decades of hands-on experience, you can trust our law firm to build you a strong and impactful defense against your Indiana criminal charges.

How to Request Early Termination of Probation in Indiana

Posted on February 16, 2021 by admin

When convicted of a criminal offense, an offender can be ordered to serve probation in place of jail time. The terms and conditions of an offender’s probation will vary depending on many factors, such as local jurisdiction, severity of offense, criminal history, and much more. Those on probation can be ordered to serve anywhere from 6 months to 5 years or more, with an average probation sentence of 1 to 2 years. In some states, including here in Indiana, some offenders can petition the courts to release them from their terms of probation earlier than ordered. This is known as applying for early termination of probation. However, not all will be granted such requests. There are several requirements that must be met in order to qualify for early probation termination in all states that permit it under law.

Continue reading to learn more about these legal relief option, and how you might be granted an early release from your probation in Indiana.

Indianapolis Criminal Defense Probation Lawyer 317-636-7514

Early Termination of Probation

Probation is generally set for a temporary period of time, but can be extended if the offender fails to follow all rules and requirements. The length of probation can be anywhere from 1 to 10 years, depending on the individual circumstances. In order to satisfy all probation conditions, the offender must pay all fines, restitution fees, and court costs, as well as complete all court-ordered classes, community service, or rehabs.

So long as the person follows all rules and completes all requirements, they are relieved of probation at the end of their sentenced term. But in some cases, a person can petition the courts for an early termination of probation, therefore releasing them from legal supervision and all terms and conditions of their sentence.

Indiana Requirements for Early Release From Probation

The process of applying for early termination of probation can begin in one of two ways. The offender can file a motion within the court they were convicted, or they can simply write a letter to their U.S. Probation Officer. In all cases, you cannot do this yourself. You must either ask your probation officer, or hire a lawyer. It is strongly encouraged to enlist the services of a skilled and experienced Indianapolis criminal defense lawyer to file an early termination of probation motion on your behalf. The process is not as cut as dry as submitting a petition, so it is wise to have a learned professional navigate the filings and deadlines for you.

To even be considered for early termination of probation, you must have already served at least one year of your probation while having met all required conditions, including obtaining employment, staying in the state, refraining from drugs and alcohol, obeying all laws, surrendering to routine drug screens, and more. Another important qualifying factor is the severity of crime. Felonies are not qualified for early termination of probation. Those who were convicted of a misdemeanor or infraction can be granted an early release from probation if they meet all other requirements.

How to Get Off of Probation Early in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to begin your motion for early termination of probation in Indianapolis, Indiana. Our seasoned criminal defense lawyers are well-versed in all Indiana appellate laws and proceedings, and can get your early release from probation granted faster than you can shout, “Freedom!” We offer free consultations to allow you an opportunity to get all your criminal defense FAQS straight, and learn all your options for petitioning the court to end your probation sentence early. Contact us today to schedule a meeting with a licensed criminal defense lawyer.

How to Reduce Your Super Bowl Sunday DUI Charges in Indianapolis

Posted on February 10, 2021 by admin

Many Hoosiers celebrated Super Bowl Sunday with great food, family, and friends. With such celebratory occasions, alcohol is bound to be an element, as many of us enjoy a few cold ones while we watch the game. But on such days designated for celebrating, over-consumption is a common occurrence, and can lead to drunk driving charges. In fact, the rate of alcohol-related injuries and arrests increase on big game days, and even more so on Super Bowl.

If you or your loved one was part of this statistic, and arrested this past Sunday for drunk driving, continue below to learn exactly what you need to do to avoid the maximum penalties under Indiana law, and how to get started.

Indianapolis Indiana DUI Lawyer 317-636-7514

Protect Your Rights After an Indiana DUI Arrest on Super Bowl Sunday

If you were arrested on Super Bowl Sunday for on DUI charges in Indianapolis, you have likely just recently posted your bail and settled in back at home. This is especially likely if you were arrested after mid-night, in which case your bail wouldn’t have been set until late Monday, Tuesday, or even early this morning. So, at this point in time you probably only interested in taking a shower and getting some sleep.

But once you have time to sort out your thoughts about the challenges you potentially face ahead you in regard to your DUI charges, try not to worry too much. All you have to focus on at this moment in time is hiring an aggressive and experienced Indianapolis criminal defense lawyer who has the ability to get your charges reduced or dismissed so that you may have a better chance at avoiding the maximum penalties for an Indiana drunk driving conviction, such as jail time and excruciating fines.

Standard Penalties for a DUI conviction in Indiana

► FIRST DUI – Class C Misdemeanor:

▻ Up to 1 Year in Jail
▻ Probation Up to 2 Years
▻ License Suspension Up to 2 Years
▻ Fines Up to $5,000

► SECOND DUI – Level 6 Felony:

▻ Up to 2.5 Years in Jail
▻ Probation Up to 2.5 Years
▻ License Suspension 6 Months – 2 Years
▻ Fines Up to $10,000

► THIRD DUI – Level 6 Felony:

▻ Up to 2.5 Years in Jail
▻ Probation Up to 2 Years
▻ License Suspension 1 – 10 Years
▻ Fines Up to $10,000

Additional Penalty Possibilities:

► Ankle Bracelet
► House Arrest
► Community Service
► Victim Impact Panels
► Drug/Alcohol Education
► Rehab
► Ignition Interlock Device (IID)

Keep in mind that OWI, DUI, & DWI are interchangeable terms, so they are all the same offense in Indiana. “DUI” stands for Driving Under the Influence, “DWI” stands for Driving While Intoxicated, and “OWI” stands for Operating While Intoxicated.

A DUI Lawyer in Indiana Who is Ready to Fight Your Drunk Driving Charges

Call David E. Lewis, Attorney at Law, at 317-636-7514 to get the aggressive Indianapolis criminal defense for DUI charges. When you need to avoid the maximum DUI penalties for your charges in Indiana, he is simply the best choice for reliable DUI defense! Our law firm offers free initial consultations to discuss your charges and the best strategies for defense. Don’t fall victim to the maximum penalties for your criminal charges. Let our law firm fight for your rights and protect your freedoms. Request a free consultation to discuss your type of DUI, over the phone, via online video conference, or in-person at our Indianapolis office.

Does Someone Need Proof to Issue a Restraining Order Against Me?

Posted on December 30, 2020 by admin

Have you recently had some toxic relationship troubles? Or perhaps a person at work feels threatened by you? Maybe a family reunion over the holidays went bad at some point in the celebratory revelries? Regardless of the circumstances that got you here, facing a restraining order is not something anyone wants to deal with. Unfortunately, just about anyone can petition for a protective order against another person, so long as they have valid justification to do so. But what makes a restraining order request valid in the eyes of the law? Or at least the presiding judge?

Continue reading to learn more about restraining orders, including what is needed to officially put one into motion, and what to do if you violate one.

Indiana Restraining Order Violation Attorney 317-636-7514

Restraining Orders are Court-Ordered Documents

A restraining order is a court-ordered document that legally mandates a defendant (the person the order is against) to stay a specified distance away from the plaintiff (the person filing the order). In most cases, such orders are issued in situations of domestic violence or stalkers. However, they are often issued in legal matters regarding bullying, harassment, provocation, voyeurism, and similar threatening behaviors. It is against the law for a person named in a restraining order to violate any of the terms decreed.

The Process of Filing for a Restraining Order

The process of filing a restraining order is very similar to any other type of court filing process. You would go to the local courthouse, fill out the proper documents given to you by the clerk, and submit the paperwork as instructed. From there, a hearing will be scheduled in which you and the person named in the restraining order will be mandated to appear.

After delivering the facts of the case, the judge will decide if you have provided valid facts that justify granting you a restraining order against the defendant. At this same hearing, the defendant will also have the opportunity to tell their side of the story. If you are the one named in the order, it is vital to have a criminal defense lawyer represent you at this hearing.

Types of Proof

The person filing for a restraining order holds the burden of proving that they are indeed in some form of danger. They must provide facts to the judge that show the defendant is threatening and unwilling to stay away at the plaintiff’s repeated requests. Such proof might include text messages, emails, witness statements, photographs, surveillance video, police reports, and medical records. Word of mouth is not enough to convince a judge to grant a restraining order against a person.

Temporary Restraining Order (TRO)

A temporary restraining order (TRO) is basically the same thing as a standard restraining order, with the only real difference being time. Standard restraining orders, once granted, are kept active until the filer drops the order of protection. Temporary restraining orders are short-term, and only remain in effect for 15 to 20 days. They are mostly used in situations of domestic violence, as well as victims of verbal, emotional, and mental abuse.

Protective Orders Vs. Restraining Orders

Protective order is just another term for restraining order. The exact term used in court proceedings varies among jurisdictions, but they do mean the same thing. Here in Indiana, we use the term, protective order.

What to Do if You Violate a Protective Order in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to learn how to protect yourself after violating a restraining order in Indianapolis, Indiana. Attorney David E. Lewis offers free initial consultations, so you do not have to pay anything to simply talk to a lawyer and get advice on how to approach your potential or pending charges. Call 317-636-7514 to schedule your online, over-the-phone, or in-office appointment, today.