What do I have do to get my fiánce out of jail he's innocent

My boyfriend was arrested in April of this year. He is innocent. It all started out being a calm day. He is on probation just put on it in January for a drug charge. I believe it was a felony 6 and he had just gort out of rehab for 28 days as well. The judge sentenced him probation for 1 year it was his first offense. Well he was doing so go staying sobe and going every day for drug court meetings and making sure he was there to see his probation officer on schedule court time, doing so well.  Beginning of March we just moved into our house and my oldest son 19 yr old moved in from his biological father's and my twins 16yrs old boy and girl from their dad's. Well my daughter and my youngest son have been in juvenile courtrs for truancy and youngest son 17 just got off house. So all three of my kids have been into trouble. They are deliguents.wlwel anyways my fiancee have been trying to help me with my kthe kids the  didn't want to get up get jobs they were very disrespectful to my fiance. He then helps my 19 yr old find a job for and also takes hit to work on his first day. Well weeks went by my boyfriend and I were starting to argue alot over my kids. He was stressed out and so was I well it was early in the afternoon Iike 1pm. We were arguing he slaps me in my face because I was a bit loud with in front of him standing in his.

I did hurt for a second and just just upset and hurt emotional I was hurt that that bad physically.

Well he leaves gor like ,30 minutes comes back home. My kids were there they just got home from staying at friends house all night seem like my oldest 19;he's the one on probation. I guess he was still drinking right before he got home they were with there friends. My fiancee brings. Back the cat that got lost that belongs to my oldest. My son knew that my boyfriend had smacked me and he's pretty upset about it. Well the kids leave again then after that my fiancee he leaves again. I'm upstairs just trying rest and my kids come back they come upstairs with a couple of there friends. And I'm sitting there talking with the my 19 yr old son an 17 yr my daughter. Couple of  their friends are down stairs and my other son and my nephew was downstairs my boyfriend comes back home again and the kids are heading back out. they weren't gone but 10 mins. My boyfriend is hollering from downstairs. " Who was in my mom's room"!? "Call them" he said "I want to know who vandalized my mom's room and broke her side table and one of the took stole my dead brother's two guns.

So I called my kids I was just telling them to get home

so we can get this figured out they hear my boyfriend upset and hollering in the background. I'm trying to calm them down because they are yelling through the phone. My oldest he yells out loud telling my boyfriend he's coming back and he's kicking my boyfriend's a**. He was a speaker phone and my boyfriend over hears him saying that. Well All a sudden my son and couple his friends come breaking down my door. My boyfriend wasn't really expecting that he was thinking that they are just talking crap over the phone. Well my son he's drunk looked like was blacked out from the alcohol he wouldn't stop going towards my boyfriend and he just started punching along with 3 other teenagers that were there plus my daughter and her friend and cuz was standing. Really close to them that one of them could get hit our hurt some how. Well my boyfriend was try to get them off him I'm trying to tell them to get of him nobody wanted to listen. I step back into staircase. Up a few steps and I hear my neice say he hit her and I just stood there I see everything that's happening  and I didn't see her get hit.not once she stands there for a second then falls down hitting her head. And has  seizure.  The police shows up and gets everyon my statement I tell them what exactly had happened and they automatically accuse my fiancee of hitting my daughter.

They didn't he's a word I said. the police first ask me if he hit me too.

I told them I plead the fifth. The police over says he will turn the camera off . I was stupid to say he did. They arrested him because my kids were afraid to get into trouble their selves so they lied. So I had to take my daughter to the hospital. When I was doing that they arrest him.  And charge him with domestic battery and is charged a felony 5. I have protective order on me an my kids that the prosecutors automatically ordered for and I wasn't even considering myself a victim. My daughter wasn't hit by him she was confused everyone was so close together in the kitchen going towards my boyfriend pushing him into a corner. So my daughter could have be struck on accident by one of the kids. My boyfriend didn't even raise his hand to her not one tom he was to busy blocking hits towards him.  He's been in jail for 3 months I been calling asking what t need to do to get him out .

Is public defender isn't talking to him or anything. He got to his hearing I'm figuring I'd I don't go they would dismiss the case then or he will get bonded out the next day. He's gets a PTR on him til he get to Trial he been telling them not guilty because he's truly innocent. So so can I do to get him out sooner? I tried asking them I wrote a letter to the Judge pleading for his innocence . Do you think that they will dismiss the case. Can I sign send any kind of state forms i need to fill out to get this the protective order lifted. and get the case dismissed myself.

Summary and Legal Issue Analysis

This is a complex situation involving multiple instances of alleged domestic violence, potential false accusations, and a felony charge against your fiancé. Given that he was already on probation for a prior offense, this presents further complications. Your concerns center around how to establish his innocence, lift the protective order, and facilitate his release from jail. The pertinent laws you'd want to reference are typically found under Indiana’s criminal code, specifically, IC 35-42-2-1.3, which deals with domestic battery, and IC 35-42-2-9, pertaining to battery on a minor.

Potential Solutions

First, it's critical to obtain proper legal representation for your fiancé. Public defenders are often overworked and may not have the capacity to give individual cases the full attention they need. To ensure the best possible outcome, consider hiring a criminal defense lawyer with experience in domestic violence cases. You can compare lawyers in your area to find the right fit.

For the protective order, consult with a family law attorney who can guide you through the process of contesting it. It is typically within a judge’s discretion to modify or lift such orders, but you'll need a compelling argument as to why it should be changed.

To aid your fiancé's case, compile as much evidence as possible to corroborate your version of the events, such as gathering witness statements from those present during the incident. Consider seeking out surveillance footage if any is available.

Legal Costs

These costs vary based on the lawyer's experience and the complexity of your case.

Request for Further Information

Before proceeding further, it would be helpful to clarify certain aspects of your situation. How has the case progressed so far? Have formal charges been brought, and if so, what are they? Have any court hearings been held or scheduled? Understanding the current status of the case will enable us to provide more tailored advice.

Questions for You

1. Have there been any developments in the case since you first posted this question?
2. Have you been able to gather any additional evidence to support your fiancé's innocence?
3. Have you considered seeking legal advice from a private attorney?

Your answers to these questions will help us guide you further.

Further Details and Solution Examples

Navigating the legal system in situations like yours can be complex and emotionally taxing. Let's delve a bit deeper into potential steps you can take and provide some illustrative examples of solutions.

Detailed Steps:

1. Hire a Private Attorney: A private criminal defense lawyer has the time and resources to devote to your case that a public defender might not. They can help gather evidence, interview witnesses, and build a solid defense strategy.

2. Compile Evidence: It's crucial to gather all evidence that supports your fiancé's version of the events. This includes photos, videos, text messages, call logs, or any other evidence that can corroborate your claims. A professional investigator, often accessible through a law firm, can be a valuable asset in this step.

3. Dispute the Protective Order: Consult with a family law attorney to understand the process of contesting a protective order. They can guide you through the necessary steps and help present your argument to the court.

Solution Examples:

1. Example of Hiring a Private Attorney: In a similar case, an individual was facing serious charges due to allegations of domestic violence. By hiring a private attorney, they were able to construct a comprehensive defense strategy, which included calling into question the credibility of the alleged victim and presenting alternative explanations for the injuries. The attorney was also able to cast doubt on the prosecution's evidence, ultimately leading to the charges being dropped.

2. Example of Compiling Evidence: In another instance, a defendant was accused of theft, but maintained his innocence. By meticulously gathering security camera footage, cell phone location data, and witness statements, his attorney was able to demonstrate that he was in a different location at the time of the crime, leading to his acquittal.

3. Example of Disputing a Protective Order: A parent was served with a protective order preventing contact with his children based on allegations of abuse. The parent, believing the accusations were false and motivated by a custody dispute, hired a family lawyer to contest the order. The attorney was able to demonstrate the lack of concrete evidence supporting the abuse claims, and the judge decided to lift the order.

Each case is unique, and the success of these strategies will depend on the specific facts of your situation. Be sure to consult with a legal professional who can provide advice tailored to your needs.

Legal Disclaimer

Please note that this advice is intended for informational purposes only and does not establish an attorney-client relationship. You should consult with a qualified legal professional in your area to get advice tailored to your specific situation.

If you still have any questions, feel free to ask a free legal question. It's important to make informed decisions in these serious matters.