In an important case decided today by the Indiana Court of Appeals,1 it carefully delineated for attorneys and litigants when and what are the differences between child support and educational expenses and extraordinary educational expenses. Critically, it drew the line where expenses are not related educational expenses. Generally, divorced parents or those with children born outside of marriage believe their financial duties to children end when they turn 18; but this is not the case if the child has the ability for and wishes to go to college. This blog addresses the key differences between child support and college expenses so ...
August 2, 2017CD
Several years ago, a known person who was mentally ill, but had committed no crime and possessed firearms, went on a shooting spree killing a family member and a police officer and wounding another. In response the General Assembly passed the “Dangerous Person” statute.1 This allows police officers to confiscate firearms from persons they believe pose a risk to society. The person is then given an expedited hearing where the burden is on the State to prove they are a dangerous person or return the firearms. This was challenged in Indiana’s appellate courts and was affirmed as constitutional as this firearm ...
June 21, 2016Adam Hayes
The issue of and statistics about domestic violence have received significant state and national attention over the last several years. Actual or threatened domestic violence may result in criminal charges with the right to remain silent or a civil domestic protective order. A civil domestic protective order is issued to attempt to stop threats or risk of harm to the person who petitions for it. Such an order may be granted without a hearing or after a hearing is set and the alleged perpetrator is given notice to attend. When a civil protective order is issued without a hearing based on ...
November 19, 2015Adam Hayes
In Indiana, there are hundreds of thousands of Hoosiers with a License to Carry a handgun. Because of the extraordinary complexity in firearms laws, a person may be denied a license for a number of reasons that can be addressed and the license issued. This blog post covers three key points about denial. First, if you are denied a license, you have the right to a hearing at the Indiana State Police (ISP). They are very dutiful in considering the merits of every denial, but a timely hearing has to be requested and the issues of denial properly addressed. The point ...
October 22, 2015Adam Hayes
In response to domestic violence, the states have passed various acts to allow an alleged victim to seek almost immediate access to the courts and judges to review petitions for alleged physical and mental health abuse by a person he or she is involved in certain domestic relationships with. Upon reviewing the victim’s petition, the court may (1) deny it, (2) grant it, or (3) set the matter for hearing. This depends upon the nature and seriousness of the allegations. In the event the matter is granted ex parte (without a hearing), the person subject to it is restrained from the ...
July 29, 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
There are thousands of protective orders issued each year in the state of Indiana. But what do you do when you are the recipient of a protective order? If a protective order is issued “Exparte”, this means that the Court has issued a Protective Order (“PO”) without a hearing. This means that the protective order is in effect from the time of service of the PO and you have notice of it. Contact with a person that is prohibited by an Exparte PO could result in your arrest. Therefore, understanding what you can and cannot do, or where you cannot go, ...
May 5, 2015Adam Hayes
At the end of Vietnam, America experienced a long span of relative peace (i.e., where there was not a know war or police action occurring). Since 9/11 that has all changed and America has been in war related-activities in Iraq and Afganistan. There are numerous hot spots around the world, such as North Korea (i.e., the Sony hacking) and Liberia (Ebola) where military troops are deployed. A significant military deployment seems like the status quo for now and the foreseeable future. Outside of the Soldier’s and Sailors Act requiring certain notice to military families, there are several laws under the Dissolution ...
March 12, 2015CD
In Indiana, like many other states, marriage and divorce rates are about equal. The differences are stark; marriage is generally a happy time where couples look forward to growing old together, having a family, and doing things that over time will weave most all aspects of life together. Divorce, on the other hand, involves untangling assets and liabilities and often children, things that are not really divisible. If your case does not settle along the way1, the day will come that a final hearing becomes a reality in your case.2 There are three ways you can make the most of it ...
January 22, 2015CD
Protective Orders, or POs, are a civil lawsuit used to protect a victim against a harasser or stalker. POs are in the nature of injunctive relief. Essentially, it is a court order prohibiting certain behavior of the harasser or stalker, towards the victim. A PO is NOT a No Contact Order. Popular portrayal in movies and TV shows often indicate that a Protective Order requires someone to stay at least so many feet or yards away from the victim. However, in Indiana, this is not true. Protective Orders can be tailored to the facts and circumstances of the parties involved, ...
December 9, 2014CD