Falsely Arrested for Domestic Battery

What is the name of your state? INDIANA

I am a male, 51 and have been falsely arrested for Domestic Battery. I got married 2 years ago and my wife moved into my house with only her clothing and personal effects. Because of the arrest, a No Contact Order was placed on me. Now I can't get into my house (which is in my name only) to gather my personal property. My wife has a severe prescription drug addiction and I have asked her to leave within the last 3 weeks.

How do I regain posession of MY home and then place a No Contact Order on her? I am not being vendictive but I feel it is not right that she is now in control of my residence.

Also, the trial for this offense is set for July 27th. How do I convince her to drop the charges. She apparently fell against furniture while over-medicated and bruised her back which she showed as evidence of abuse. We sleep in seperate rooms and I was asleep all night and had no contact with her from 7 pm the previous night until 3 am at which time she called the police and accused me of abuse resulting in my arrest. While the police were there, they noticed that she had injured her foot because of a blood trail to the bathroom. When questioned by the police, she could not recall how she injured her foot. How could she claim to remember me injuring her but not remember the foot injury? Is there a defense there? There's other details that would make this post very long. If you need more info, please request it. There were no witnesses as we live alone. Please help anyone with expert advice.

I'm unemployed and can't afford legal representation.

THANK YOU!

Try speaking to the DA, or have your public dedfender do so for you. They have the right to continue to pursue the case on their own (even if you two don't want them to) but if they feel this was a one-time incident and will never happen again--they may drop it. They want to make sure no abuse is continuing if and when you two are back together.

CAN YOU GO TO HER PHARMACY AND GET THEM TO PRINT OUT A LIST OF MEDICATIONS IN WHICH SHE HAS PURCHASED OVER THE PAST SIX MONTHS, THAT MAY HELP WITH YOUR CASE. WHAT IS HER DIAGNOSIS? GOOD LUCK.

I am also in Indiana and face a similar but different circumstance. the police who responded to my situation, which was real argument, but not violent, as he was outside of the home unable to come in, i was manhandled into getting him arrested. i guess in indiana, police can use their discretion- no matter how skewed it may be, to arrest someone even though there is no evidence of abuse. i just want him to come home. i bailed him out of jail. the one condition is that he would give up drinking, which is going to do. he knew he would have to long before this argument anyway. he did not hurt me physically at all, there is a no- contact order, which is driving him into the homes and arms of those who have bad influence on him. he needs to be home, to realize and appreciate what he could lose.i certainly appreciate your circumstance. all the best to you and hope you can regain control of your home. i am beginnning to feel like indiana is run like a police state. since when do victims not have any rights?? i just can't see why a man who did not hurt me and there is no evidence to support that, can be arrested and charged with a crime that anybody could make up!!!!! i guess if i got mad enough at someone- i could make up a crime like this and they would never know! it would ruin their lives like this has ruined mine and my boyfriend's. what a crazy world.

Unfortunately your best bet is to get her to agree not to falsely testify using your court appt lawyer and her lawyer (even if her testimony is false and she perjurs herself, who would know?). She does not have to testify against her spouse per the fifth amendment.

If it is made clear to the Asst DA that she is not going to testify he may dismiss the case provided there is no other evidence. This should ideally be done before the trial date through a motion to dismiss the case.

There should have been a pre-trial hearing where you could argue the restraining order and why you need the primary residence as opposed to her.

The way it works is whoever calls the police first wins in these cases. If it comes to trial make sure the jury knows any negative history on her part.

Good luck.

I am in Stokes County NC and my husband has falsely accused me of hurting him. He threatened to call the law if I left for work and didn't take him with me. I work out of town. I did leave and he did call the law and now there is a warrant for my arrest and I am out of town working and when I get back to town I have to turn myself in and will go to jail automatically because the officer filed domestic violence charges. This is the second time this has happened to me the 1st time was by a former boyfriend who was stalking me and the whole thing was dismissed but I spent 48hrs in jail for nothing. How can that be legal to take someones dignity from them like that. Our Justice system does whatever they want.

Originally Posted by Unregistered I am in Stokes County NC and my husband has falsely accused me of hurting him. He threatened to call the law if I left for work and didn't take him with me. I work out of town. I did leave and he did call the law and now there is a warrant for my arrest and I am out of town working and when I get back to town I have to turn myself in and will go to jail automatically because the officer filed domestic violence charges. This is the second time this has happened to me the 1st time was by a former boyfriend who was stalking me and the whole thing was dismissed but I spent 48hrs in jail for nothing. How can that be legal to take someones dignity from them like that. Our Justice system does whatever they want.

How can that be? Ask the 95% of the male population this happens to (without merit) on a regular basis.

Something doesn't add up in your story. You had a boyfriend who did the same thing? Do you notice a pattern here?

Something needs to be done about these brainless idiot cops just grabbing up someone and arresting them without cause. If it can't be done leagally, I suggest people start defending theirselves against the cops !!!!

Well I'm going through it ,im the accused with my lovely offspring. I have attorney trying to get me back home.
Funny how s#####t happens . I actually busted my finger wide open trying to catch my self and still being manhandled i finally reacted and broke lose time frame 3 min to react. So yup off to jail I go of course I was intoxicated they weren't. So for now I had to leave my house . course its all over my property in my offspring possession. .What I will have done cause they are perusing it. Is have deferred prosecution hopefully.
With DV AND EVEN IF SELF DEFENSE.They will not believe you.With deferred prosecution you do what the court orders you to do on their time frame case dismissed.No black marks on your background. believe im pissed very much so .And everything is a gamble. What people are not getting a lot of states broke so speeding tickets, red light tickets and criminals make them money. Its a money thing this is the new USA
Before long we all will be marked for something. .

Finally! A site where this has happened to others. I had JUST a girlfriend staying with me on & off for the past few years. She was unemployed & homeless. Took her to a champagne brunch & she got hammered & mean. When we got home, she fell. While I was asleep, she called the police claiming she was a victim of domestic violence by her "domestic partner". The police came & woke me up shining a flashlight in my face. The checked my hands, saw no bruising, told me to get dressed; I was going to be arrested. She didn't press charges, so I wasn't, but both policemen chalked it up to an argument that got out of control. Aside from the fact that she was twice my size. A few days later I was served to appear in court for an extended protection order. She had filed a temporary protection order, which apparently didn't need to be served, then the EPO. I had to leave my home, because she had been using my address as hers. That was two weeks ago & I haven't been home since or else I would be in violation of the TPO & could get arrested. The hearing is Friday & if I lose, I could be ordered to stay away from my place for up to a year, but still pay the rent & all the utilities. I can't afford a lawyer. I'm bringing with me a copy of my lease & I'm still waiting from the department of welfare regarding her application AND approval for food stamps which she never have received if her living arrangements were true. Any advice or opinions of what I could possibly do to prove my case? Now I have a TPO on my record. Can the judge have that removed, plus her, if I win? Can someone help me. Or at least advice me on anything else I might need. Please!