Indiana has very open accesses to its court to settle disputes in civil cases. When a party does not prevail, there is the constitutional right to appeal to a higher court. Generally, this is to the Indiana Court of Appeals, who decides about 4,000 appeals per year. There are four common misconceptions about an appeal that are the discussed in this blog to allow you to be a more informed legal consumer. The first general understanding is that a mistake in admission of evidence or exclusion of evidence is a basis on which the Court of Appeals may reverse the trial ...
December 3, 2015Adam Hayes
The Indiana Civil Order Protection Act focuses on rapid intervention where domestic violence occurs and/or stalking and/or certain sex offenses. This allows a trial court to review a petition alleging such offenses and issue an ex parte order (without a hearing based on the petition). As a general constitutional principle, due process requires a hearing with all parties present before a court issues an order such as this. To protect victims, and minimize abuse of the process, the policy of the “Indiana Civil Protection Order Act…aims to provide prompt resolutions to protective order petitions.” Thus when these are granted on an ...
July 16, 2015Adam Hayes
The General Assembly, trial courts, and Indiana appellate courts all are active in protecting children caught in a divorce or paternity cases and in modification proceedings afterwards. The policy, which is a basic tenet of psychology, is aimed at the disruptive effect of moving children back and forth between divorced parents and to discourage the parents from using child custody proceedings for revenge or because something in their live has changed. To modify physical custody (i.e., where the child spends the majority of his or her nights), a parent must show a substantial change in circumstances and modification meets the children’s ...
May 28, 2015Adam Hayes
In some parts of the Country, such as Arizona, window tint is essential to keeping a car at a reasonable temperature to cool in the summer. However, any tinting that is not done at the factory may make you subject to a traffic stop, ticket, and be a basis for other criminal charges. The legal reason is a darkly tinted side and back window impairs law enforcement officers from making safety decisions about vehicles and the occupants they encounter in daily activities. For this reason, and first, the General Assembly passed a law (it does not apply to manufacturer’s tinting) makes ...
January 2, 2015CD
Ciyou & Dixon, P.C. attorneys routinely face questions about the merits and timing of a child custody modification action. In many cases, the facts are not enough to demonstrate a substantial change in circumstances. The respective parent is rightly concerned, but this is legally insufficient. Nevertheless, we observe five (5) times in a child’s life when a parent should consider filing a child custody modification proceeding. This does not mean that each such circumstance will be sufficient from an evidentiary standpoint, but statistically speaking, these are more likely factual situations where the legal burden will be met. We hope this article will ...
October 20, 2011CD
At Ciyou & Dixon, P.C., we begin our representation of clients by educating them about the legal statutes, cases, and rules covering their case. With divorce, we often find there is a great deal of misunderstanding about the reason, or faults, of a spouse that may allow a divorce. In the 1970s, there was a shift in national thinking about the propriety of divorce. Until that time, the religious principle of “till death do you part” carried sway. In the absence of fault by one spouse, such as adultery or extreme cruelty, divorce was not granted. Somewhat tracking the Civil Rights Movement, ...
August 9, 2011CD
Ciyou & Dixon, P.C. attorneys routinely field questions about technological advances that may be used to gather critical evidence. Indeed, the tools that are available sometimes allow amazing pieces of evidence to be captured, authenticated, and have an evidentiary basis laid for their admission into evidence and use in the courtroom proceedings. For example, a spouse’s affair and the lavishing of gifts on a younger man may be memorialized in electronic format and played in HD in the courtroom to establish dissipation of marital assets. A docile dad’s claim he never stays out all night partying, drinking and womanizing — and, ...
April 5, 2011CD