Legal Question in Family Law in Indiana

To make a long story short, my son was arrested for battery on his then live-in girlfriend and mother of his 2 children. My son is innocent(your probably thinking you've heard that before)but he is. She is the abusive one and I've seen them both several times after and he had choke marks,scratches,etc and she has nothing. She has cried to me how she is sorry and doesn't know what comes over her, and her mother has told me that she was going to counseling to get help,etc. My son has stayed because she used the kids to keep him and would keep them from him. When he was arrested, he had choke marks on his throat and ran to my house with his 4yr old son and I had him call police. My grandson told me how mommy beat up daddy. The officer came and took him to her house, and the officer that came to her house arrested him. I asked the officer why she wasn't arrested too and he said because someone had to stay with the children. Later, we found out that the officer that came to my house was facebooking back and forth with her and offering to help her move, etc. My sons Lawyer told him his best option would be to plead guilty because the female judge that was appointed to his case has never been for the man in these cases even when it's obvious the woman is guilty and that he would not have a chance,especially since he had no proof. My son plead guilty, against my better judgement, and since has tried to call the police because she harrases him and any girl that he is friends with, and defiles his name on facebook and twitter and worse, she tells the children terrible things about him which is mentally abusive to them. There is so much more but that is as brief as possible. Where do we turn to try and fix this? She is mentally abusing the children and hurting my sons reputation, and hurting his relationship with his children. There was a restraining order on him to stay away from her and he could not see his children until court, but she let him have them alot of weekends when she wanted to go out. He thought that was taken care of when he went to court but found out when he called police to get her to stop harrassing him, that the restraining order was still effective until he completes anger management courses. He said he signed the plea agreement with his lawyer without reading them because the lawyer briefed him on what they said but that was not mentioned, and when he called his lawyer about it, his lawyer said he didn't realize it either. My son should not have pleaded guilty and he should have read the agreement before signing it, but where do we go from here? He, nor I, can afford any more attorney fees but she should not have custody of the children. My son does not believe she would physically harm the children but are definitely being mentally abused often and ruining their relationship with their father. Thank you for any help you can offer him.

2 Answer from Attorneys

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Indiana

Looking for something else?