Filing Charges

Filing Criminal Charges in a Domestic Violence Case

Before criminal charges can be filed, a law enforcement officer must submit a probable cause affidavit to the prosecutor’s office, which indicates that a crime of domestic violence has occurred in Morgan County.  The investigator and attorneys in the prosecutor’s office then decide whether or not to file criminal charges based on the officer’s sworn report.  When criminal charges are filed, the plaintiff in the suit is the State of Indiana.  The victim is not a party to the action, and therefore, does not have any control over the dismissal of the charges.  Additionally, when criminal charges are filed, the State of Indiana will request the Court to issue a No Contact Order on behalf of the victim and any children who were present at the time of the violent incident.

The Morgan County Prosecutor’s Office has a “no drop” policy regarding the No Contact Order, meaning that once issued, the State will not agree to the dismissal of the order until the criminal case has been resolved.