Indiana trial court judges and attorneys encourage the parties to reach agreements in divorce and paternity cases. There is even a specific statute in the Divorce Act expressly encouraging custody agreements.1 However, Indiana trial court judges have a legal duty to watch over children of the marriage and ensure their best interests are met. For this reason, there are a few types of agreements the parties cannot settle for or even request the trial court to order in a contested trial. This blog addresses these four types of child-related terms the parties cannot agree to and why that is the ...
September 13, 2018CD
Most Hoosiers know were a gun-friendly state. In fact, Indiana ranks among the highest for gun rights. For example, there are hundreds of thousands of residents who have a License to Carry a Handgun. With “carrying” there is significant misunderstanding of the Castle Doctrine and the right to Stand Your Ground with the right to draw your firearm. These limits are the topic of coverage in this blog. In Indiana, a person can stand his or her ground and not retreat if it is reasonable. This allows the use of force to protect person and property. However, the use of force ...
January 15, 2018CD
In today’s digital world with global work and play, people from different cultures, backgrounds, and ages marry. In many cases, there are significant differences in net worth, age, and business ownership. For this reason, some couples choose to enter into pre-marital agreements under Indiana’s Uniform Pre-Marital Act. A prenuptial is a document or series of documents, that specifies what a divorce court is to do in divorcing the parties in a divorce filing when separating their assets and liabilities. This blog addresses legal issues you should understand if you contemplate entering into a pre-marital agreement. The first and most important concept to ...
December 8, 2017CD
In today’s information-driven world, we all hear a variant of the same story or proclamation on everything from complex legal questions to matters of medical health—it’s all on the internet. In some respects this is true. The information has taken static tools, like the dictionary and made them available anywhere there is access. On the other hand, perhaps every professional, in particular doctors and lawyers, see patients and clients who are better educated and better for help as well as those who are self-practitioners. The problem is law, medicine, engineering, and the like are an integrated body of ever-changing information that ...
September 15, 2015Adam Hayes
Sometimes it is easy to think when you consider an appeal, the Court of Appeals really retries the case. However, the appellate record is quite limited; understanding this will help you understand what an appellate court can review and consider and what it cannot. The materials considered directly and indirectly on appeal are the following: Transcript: The Court of Appeals typically has a typed transcript of every question and answer put forth in a trial. This is called the “transcript.” Exhibits: The transcript (oral testimony) is accompanied by the exhibits. These are typically paper documents admitted at trial. Appendices: Each party can submit ...
August 26, 2015Adam Hayes
For lawyers and judges, the attorney client privilege, legal privilege and work product doctrines are a defining part of the American legal system. However, we often observe litigants (clients) do not fully understand what these mean. We believe a better educated a client is about the legal system, the better they are able to aid their attorney in advocating their case to their legal objective. This blog post highlights these three related, but distinct, legal tools. The attorney-client confidence is really basically what is seems to indicate. What you tell your attorney, with very limited exceptions, such as relaying your plan ...
August 18, 2015Adam Hayes
Can I Lawfully Purchase A Firearm From A Dealer I Intend To Give As A Gift? “Yes”, in most cases, but not if the recipient is a prohibited possessor under Federal law and not prohibited by State or local law. There is a unified focus by ATF and state and local law enforcement to prosecute straw purchasers. A straw purchase is one where the intended buyer (transferee) from the Federal Firearms Licensee (i.e., gun shop) is not intended to be the actual recipient of the firearm. Such firearms may be handguns or long guns (Title I weapons). Instead, the purchase made by the ...
December 17, 2013CD
What this Means for Spouses, Significant Others and Third Parties in the Household In most criminal felony cases, a standard term or condition of probation is the probationer not possess firearms. An area of great misunderstanding is where a probationer lives in a household with his or her spouse, significant other or third party and they have firearms. Probation, in lieu of incarceration, is by the “grace” of courts. A court cannot order a third party not have firearms in the house, so this burden falls on the probationer. This means the probationer and any other occupant of a home must agree ...
November 19, 2013CD