A 22-year-old man from Whiting is facing several felony and misdemeanor charges after authorities allege he unlawfully entered a home, violated court orders, and made unwanted physical contact with the mother of his child during an early-morning incident.
Court records show Fabian Javier Martinez, 22, of Whiting, was charged following an incident reported on January 12, 2026, at a residence in the 1700 block of Central Avenue in Whiting.
According to the probable cause affidavit, officers responded to the residence for a reported violation of an order of protection. The complainant told police she had been asleep when she awoke around 2:40 a.m. to find Martinez standing over her and her son inside the home.
Police state the complainant identified Martinez as her son’s father. Court documents indicate Martinez had previously been trespassed from the residence and did not have permission to be inside the home.
The affidavit notes the complainant sent multiple text messages to her mother, who was upstairs, while Martinez was inside the residence. Martinez allegedly told the complainant he entered through the back door, that the dogs did not bark, and that he had been watching her and their son while they slept.
Police say Martinez stated he had been upstairs and planned to damage the home before believing he heard someone, prompting him to go to the basement. The affidavit further states Martinez told the complainant he did not care if he went to jail.
Investigators allege Martinez touched the complainant without her consent, including kissing her face and caressing her body. Police say the complainant repeatedly told Martinez to stop and leave the residence.
The complainant recorded video of the encounter on her phone and told officers Martinez remained inside the home for approximately 30 to 45 minutes before exiting through the back door. Court records indicate neither the complainant nor the homeowner gave Martinez permission to enter the residence.
Police report Martinez left the scene before officers arrived and fled in a vehicle. A follow-up incident was later reported, with police again responding to the residence for another alleged violation.
Martinez was formally charged on January 22, 2026, with the following:
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Burglary of a Dwelling – Level 4 Felony (two counts)
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Residential Entry – Level 6 Felony (two counts)
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Invasion of Privacy – Class A Misdemeanor (three counts)
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Domestic Battery – Class A Misdemeanor
Court records also list pending charges from June 2025, including:
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Domestic Battery Committed in the Presence of a Child Under 16 – Level 6 Felony (two counts)
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Criminal Trespass – Class A Misdemeanor
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Intimidation – Class A Misdemeanor
Additional pending charges from January 2025 include:
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Domestic Battery Resulting in Bodily Injury to a Pregnant Woman – Level 5 Felony
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Domestic Battery Resulting in Moderate Bodily Injury – Level 6 Felony
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Domestic Battery – Class A Misdemeanor
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Interference With Reporting of a Crime – Class A Misdemeanor
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Criminal Mischief – Class B Misdemeanor