The Indiana Civil Protective Order Act (“Act”) provides powerful relief to help ensure the safety of certain covered Hoosiers who find themselves in dangerous situations, such as a victim of domestic violence. Additionally, the Act covers certain minor children in harmful situations or individuals, such as from an abusive or drug-addicted parent. While protective orders issued under the Act are unique and powerful tools in that they can be granted ex parte,1 they may be abused in cases by a petitioner’s false allegations and issued against a person who is not a threat to anyone. This blog explores the purposes ...
September 17, 2018CD
The events of the daily news bring global events right into our offices, homes and cars-- almost the second they happen. Where domestic violence is concerned and occurs in a nearby street or city, it is common to think that is a norm. The stress and duress of a typical divorce case appears to heighten factual sensitivity and general awareness; and domestic litigants sometimes raise and present concern and wonder if they need the protection of a protective order. The world appears to be a dangerous place, more so with matters of the heart–children–and pocketbook–standard of living and lifestyle. The courts are ...
October 18, 2011CD
Ciyou & Dixon, P.C. advocates are frequently presented questions about how to establish paternity and why that is different than just raising a child. This is indeed a vast difference. Many people hold themselves out to be parents and raise children born outside of wedlock without too much difficulty, although school registration and health care are problematic. In the rest of the cases, paternity must be legally established. At common law, which forms the basis for Indiana’s legal system, a child born outside a marriage was legally labeled a “bastard” child. With more progressive thinking came the realization that this was ...
September 29, 2011CD
"What can I do and explain my rights if my spouse has been hiding funds preparing for a divorce or wasting marital assets on gambling, drugs, or illicit relationships?" Generally, missing or hidden assets, what is referred to as marital waste under formal legal terminology, should be attributed to the spouse who is acting improperly. Under the Indiana Divorce Act, a trial court is to presume an equal division of the marital estate is just and reasonable. This said, a trial court may deviate from the equal presumption in cases of marital waste. For the most part, Ciyou & Dixon, P.C. advocates ...
July 22, 2011CD
At Ciyou & Dixon, P.C. we have represented clients with virtually every permutation of gun-related cases imaginable. Over the years, we have observed a number of commonalities with FFL holders–matters they didn’t attend to that caused problems. And with this, it is a fascinating time, full of contradictions. We observed gun manufacturers obtain immunity from nuisance and related claims, under the Protection of Lawful Commerce in Arms Act; gun sales sore to unprecedented levels with a potential change in local, state or federal elections (to unprecedented levels up to and following President Obama’s election); and at least according to the FBI Uniform ...
June 24, 2011CD
This is a very complicated question with answers that turn on detailed factual analysis. As a general legal rule, if one domestic party to a conversation in Indiana consents to its recording, it is lawful to do so. However, if this crosses state lines the analysis may change. However, there are numerous exceptions to the controlling State and Federal Law. Thus, in domestic or other cases, the statutory text and case law interpretations should be specifically consulted. In Indiana, the controlling law is the Indiana State Wiretapping Act. Ind.Code § 35-33.5-5-1 et seq. The Federal Wiretap Act is codified at ...
June 9, 2011CD