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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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Does Indiana Code IC 35-42-3-4 (Interference with custody)

Customer Question

Does Indiana Code IC 35-42-3-4 (Interference with custody) OBLIGATE the responding Sheriff to make an arrest (if necessary) when a Custodial Parent frivolously withholds a visit against a standing Court Order?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Joseph replied 3 years ago.

It would be nice if it were as straightforward as being able to say that law enforcement is "obligated" to make an arrest. Unfortunately, it is rarely that simple.

 

First of all, law enforcement officers have a great deal of discretion when making an arrest. When an officer responds to a complaint, he is supposed to ascertain the relevant facts and then determine if he has probable cause for an arrest. If he doesn't believe the facts arise to the level of probable cause, he won't make an arrest.

 

Further, officers usually consider custodial issues to be civil in nature and not criminal. Typically, they will tell you to call your attorney rather than make an arrest. I've been doing criminal and family law for about 15 years and, in that time, I've seen ONE arrest for interference with custody and that occurred when the father fled with the child during a supervised visitation and attempted to take the child to another country by boat.

 

I regret that my answer is unfavorable, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than a truthful response. With that in mind, I hope that you found value in my answer.

 

I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click ACCEPT. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
Joseph and 5 other Criminal Law Specialists are ready to help you
Expert:  Joseph replied 3 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

Customer: replied 3 years ago.
I'd much rather get a dose of reality from you than to be left spinning my wheels and not even knowing why! I have some new questions on the same subject and would very much like your opinion on those as well. I trust it's ok if I send them your way?
Expert:  Joseph replied 3 years ago.
I'm happy to help!

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