In 2012, the Indiana Legislature passed the Indiana Civil Protection Order Act.1 This Act allows a person who alleges that he or she is the victim of domestic and/or family violence, stalking, and/or a sex offense to ask an Indiana civil (trial) court to order the alleged offender to stop doing those acts by issuing an order that may result in contempt or arrest for violation. Unfortunately, these legal mechanisms are sometimes used to gain a tactical advantage in custody cases or for other illicit purposes. Is this your case? You know. This blog analysis the process and importance of ...
February 13, 2019CD
There are numerous legal debates about mistakes you can make carrying a handgun for personal protection. For instance, in a metropolitan community and dense urban area, an argument can be made that open carry and certain body movements in conjunction are intimidation or brandishing? Is leaving a carry gun at a restaurant or in a bathroom such that it makes a person subject to criminal charge (or civil liability)? These questions have one clear legal answer: it “depends”. That said, in numerous cases over the years we have observed one single factor that has eroded, damaged or criminalized what may have ...
July 12, 2017CD
As with all cases brought against an individual or family (civil or criminal), the State has the burden of proof. With respect to neglected children (“CHINS”) or children who commit acts that would be crimes (“Juvenile Delinquents”) if an adult, the Indiana Department of Child Services (“DCS”) acts for the State. In a recent case, a divided Indiana Court of Appeals reversed a Child in Need of Services (“CHINS”) determination against a father. This case has three key holdings or points for parents who may become involved in CHINS proceedings. First, a CHINS filing (petition) is often made by acts or ...
April 19, 2017Adam Hayes
Generally, everyone is aware that in any criminal questioning by police or prosecutors or criminal court proceedings, a person with any potential criminal exposure can assert his/her right to remain silent. However, this right is much broader, and to be a good citizen and be afforded constitutional rights, there are four things you must know about your right to remain silent. First, in any proceeding, such as a divorce, a person may assert his or her Fifth Amendment privilege1 in court, deposition, or other context if any statement might cause criminal liability and ultimately a criminal charge. No one can force ...
October 5, 2016Adam Hayes
There is an old phrase, “Justice Delayed is Justice Denied.” This is generally viewed in the negative, such as when a defendant has been charged and incarcerated, addressed by the right to demand a speedy trial. Sometimes it takes a defendant or civil litigant a long time otherwise to obtain a trial. In most situations law is inherently slow because it addresses and unravels complex problems that often took a long time in the making. However, the Indiana Supreme Court is actively shortening the process for trial court filings and appeals by moving to electronic filing as of July 1, 2016 ...
July 28, 2016Adam Hayes
Starting July 1, 2016, the Supreme Court, Court of Appeals and the courts of Hamilton County are switching to a mandatory e-filing system. There are several changes to the rules as they relate to filing a new case or filing within an open case. For example, the Supreme Court and Court of Appeals will no longer require colored covers for briefs. Attorneys may sign filings via electronic signature. Also, beginning on July 1, 2016, Appellate motions will be made available to the public online. However, Notice of Appeals are not yet eligible for e-filing. There are also special rules for ...
June 29, 2016Adam Hayes
Carrying firearms, particularly a handgun, is an ordinary part of life for most members of the law enforcement community as well as a growing number of ordinary citizens from all walks of life. In fact, it becomes so common place and natural—like wearing shoes--that a number of people “forget” and carry these through airport security screening every day. When this occurs, typically three legal matters occur that an attorney may be able to assist with. First, and most importantly, this probable cause for the crime of taking a firearm, explosive or deadly weapon through a controlled airport inspection point.1 While extreme ...
March 1, 2016Adam Hayes
Indiana has passed two versions of expungement statutes. The purpose of the statutory scheme was to restore core civil liberties to certain individuals who had old criminal histories in Indiana. These core civil liberties are to hold public office, vote, serve on a jury and possess firearms. However, the Justice Department did not accept Indiana’s expungement statute to restore the right to keep and possess firearms under Indiana law nor qualify for a License to carry a handgun. While a very technical area, as of November 1, 2015, it appears that ATF has recognized Indiana’s current statute as comporting with federal ...
November 12, 2015Adam Hayes
Conflict and dispute is a part of daily life. Most of the time, conflicts are resolved through means outside of court. In a very small percent of daily or even life matters, there is no ability to resolve the matter outside of a lawsuit. In this case the wonder of the US legal system comes into play. Litigants go to court and ask a judge to decide a matter. Cast in terms of emotion and winning or losing everything from children to property and freedom, it is easy to lose track of the fact the trial court judge is neutral in ...
May 27, 2015Adam Hayes