Can we get a change of venue...
Almost 4 years ago my boyfriend was charged with a misdemeanor domestic charge. We live in Indiana and in our County the prosecutor showed a visible dislike of my boyfriend. Him and his ex, the one who he was charged of 'abusing' came home to their apartment (my apartment was right below theirs and I was friends with both of them at this time) after being sent home by a 'buddy' because she had brought her (and my boyfriends) daughter with her for this overnight 'visit' because the daughter was very young and afraid cause she was in a very new place, the ex came home to her apartment and (I was present at this point) started picking a fight with my boyfriend (her ex) and even escalated to physically hitting him in the head trying to provoke him into a fight with her, this all came out of nowhere for us so I left just before she had started hitting him but another friend of ours was still there and saw this part this friend then went into the other room and tried to go to bed, my boyfriend attempted to leave the apartment and was blocked at every attempt my his ex who kept hitting him and yelling so he pushed her back by the shoulders when he manage to make it as far as the front door and left. Her mother who was in the front room the whole time called the police on my boyfriend saying he was hitting her daughter , etc. then our friend said he heard her mother ask her daughter if she wanted someone to actually HIT her so there would be marks when the cops got there to photograph instead she showed the police the bruises on her INNER thighs and said he did that to her (which he had not). He was told (at the hearing) by the judge that he didn't believe his ex or her mothers testimonies because they sounded identical (word for word identical) but my boyfriend had NOT filed a police report against her over the incident and he did admit to pushing her back a little so he could get out of the apartment and away from the fighting so the judge charged him with a misdemeanor, the prosecutor trying to make it as bad for my boyfriend as he could, argued that he needed to be banned from being allowed to own a firearm or hold any occupation which required him to use a firearm and the judge allowed it. He was to speak with an Army recruiter the day after the sentencing and had to cancel. His ex had tried dropping the charges against him before it had actually gone to court and the prosecutor refused. A friend told us that we could get a change of venue and switch judges and have the part about not being able to own or have a job requiring the use of a firearm so that he can go back into the Army because a family member of theirs had done it. Is there a way that we can either change the judge and get the part about the firearms dropped or a way to petition the presiding judge to drop that specific clause? ANY help or advice would be appreciated greatly.
PS we aren't trying to get the whole charge dropped because where we live that would be pointless to attempt at this time, we just want to get the retarded clause about not being able to have or work with firearms dropped off it because he really wants to go back into the Army to that he can provide more for his kids.
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