The Indiana Civil Protection Order Act1 was enacted to protect victims of domestic or family violence and promote the prevention of future domestic and family violence2. The Act allows victims to file for an order of protection against members of their own household who have committed domestic or family violence. The Act also allows victims to file for an order of protection against individuals who have committed stalking or a sex offense against the victim. ... Read More
20
Jun2019
23
May2019
Indiana has a strong affirmative defense penal provision that allows Hoosiers to protect their life, home/curtilage and stop forcible felonies.1 It is a crime to pull a gun on someone and, if it goes further, to shoot them. However, an affirmative defense means even if the State (the prosecutor) meets all of the elements of the crimes associated with pulling a gun and even killing a person, you may be acquitted. The affirmative defense says, in essence, the ... Read More
22
May2019
Unfortunately, domestic battery is a very real problem in today’s society. Many individuals find themselves in abusive relationships, whether that be a boyfriend or girlfriend all the way to husband or wife. These types of cases can be very complicated, as well as extremely emotional. If you find yourself in a violent or abusive relationship, reach out for help, as there are many services provided free of charge that will help. These types of relationships can leave lasting ... Read More
16
May2019
The law is always evolving. Sometimes, the Indiana Court of Appeals and/or the Supreme Court of the State of Indiana issue opinions on cases that parties appeal, and the holdings in those cases create a new precedent for trial courts to follow. Other times, the Indiana General Assembly may draft legislation that their constituents ask for or that addresses an issue that has come about since the legislature last was in session. Fortunately, many counties in Indiana are implementing what is a growing trend by establishing what ... Read More
14
May2019
Often you may hear of a criminal defendant getting his or her case dismissed, whether it be in “real life,” on the news, or in a television show or movie. You may wonder why it seems like some individuals accused of crimes “get off” when it seems like the odds are stacked against them while others, under seemingly similar circumstances, negotiate for a plea agreement that may include being incarcerated or go to a jury ... Read More
09
May2019
Any person in Indiana who suspects a child is abused or neglected is required by law to report this to the Indiana Child Abuse and Neglect Hotline at 1-800-800-5556. For children, reporters (i.e., callers) range from disgruntled parents going through a separation to teachers, therapists, and doctors. When DCS receives such a report, they may partner with law enforcement, such as if the allegation is child molesting. DCS is legally mandated to investigate every call. A standard practice with ... Read More
08
May2019
Often you may hear of a criminal defendant getting his or her case dismissed, whether it be in “real life,” on the news, or in a television show or movie. You may wonder why it seems like some individuals accused of crimes “get off” when it seems like the odds are stacked against them while others, under seemingly similar circumstances, negotiate for a plea agreement that may include being incarcerated or go to a jury trial and ultimately ... Read More
07
May2019
There is never a good time for a divorce. Just the thought is “sickening” for most spouses. However, some marriages will not withstand the test of time—in fact, roughly half of them—and a divorce will occur. While many factors may play into a divorce, such as timing (i.e., when the kids graduate from high school) and planning (e.g., securing a certain job or finding a place to potentially move if it gets nasty), this blog addresses three situations when you must consider filing ... Read More
08
Apr2019
Everyone has heard the term “illegal search and seizures.” But what does this mean? In general, the Fourth Amendment of the US Constitution makes unlawful searches and seizures illegal, meaning that any evidence found during an unlawful search cannot be used against you in a court of law1. When it comes to “unlawful searches”, it is not always black and white. There are many exceptions in which a warrant would not be required for a search to be lawful. One example ... Read More
01
Apr2019
The United States Supreme Court has long recognized the “fundamental right of parents to make decisions concerning the care, custody, and control of their children.”1 This fundamental right to parent is why the Indiana Courts place the burden of proof on the Department of Child Services (“DCS”) when it comes to proving that a child is a child in need of services (“CHINS”). Specifically, our Indiana Supreme Court has found that DCS must prove three basic elements for a ... Read More