Indiana Code 35-40-6-6. Threat of harm to victim
Current as of: 2023 | Check for updates
|
Other versions
Sec. 6. If:
(A) that an act or threat of physical violence or intimidation has been made against the victim or the immediate family of the victim; and
(1) a victim submits to the prosecuting attorney an affidavit asserting:
Terms Used In Indiana Code 35-40-6-6
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(B) that the act or threat described in clause (A) has been made by the defendant or at the direction of the defendant; and
(2) the prosecuting attorney has reason to believe the allegations in the affidavit are true and warrant the filing of a motion for bond revocation;
the prosecuting attorney shall file a motion under IC 35-33-8-5 requesting the court to revoke the defendant’s bond or order for personal recognizance.
As added by P.L.139-1999, SEC.1.