Indiana recognizes a parental discipline privilege, which gives a parent legal authority to apply reasonable force upon their child as the parent reasonably believes necessary for proper control, training, or education. While a controversial subject in the legal and psychological areas nationally, Indiana parents have what is known in criminal law as the “parental discipline privilege”. In blunt terms, parents have the legal right to spank their children. However, this is not an absolute right, and Indiana trial and appellate courts have tackled the issue of parental discipline in several cases; they have yet to come up with a clear ...
Tag: Indiana Court
October 10, 2018CD
All parents have the fundamental right to the care, custody, and control of their child(ren).1 Basically, this means parents can raise their children in their own way--even if most people disagree with their style. While this is a fundamental constitutional right, it is not absolute. When a parent presents a risk or danger to a child’s physical or emotional wellbeing, DCS may file a Children in Need of Services (CHINS) case and the Court opens a CHINS case. The CHINS process is designed to allow an investigation into suspected abuse and neglect and provide the parents (and children) with services ...
October 4, 2018CD
Every year, Indiana trial courts issue hundreds of thousands of orders or render decisions in criminal bench trials or have verdicts in criminal or the small percentage of civil jury trials. Most all order are interlocutory in nature and normally not appealable orders.1 However, with final orders—an order that decides all issues—or jury verdicts there is the right to appeal in the first case in most situations to the Indiana Court of Appeals. This blog explores four orders that constitute final appealable orders in civil cases that are not interlocutory orders or decisions rendered by a jury. The first order, which ...
July 17, 2018CD
In Indiana, unlike some other states, there are two higher courts, the Indiana Court of Appeals and the Supreme Court. Generally, litigants have an appeal as a matter of right from any losing (in whole or part) final order issued from an Indiana trial court. Appeals are made in written format and have very precise rules and requirements because of the vast amount of time and resources an appeal takes. Whether considering an appeal or retaining counsel, this blog sets forth mistakes that can dilute your appellate brief, cause dismissal, or even sanctions. The key takeaway is appeals need the ...
July 5, 2018CD
Most of us understand we have a Fifth Amendment privilege against self-incrimination. This means in any civil matter, administrative proceeding, or criminal context, we can choose to assert our Fifth Amendment privilege and remain silent; we cannot be forced to say anything that might expose (incriminate) us to criminal prosecution. This blog explores a key case now brought by the defense and appellate attorneys to the Indiana Court of Appeals1 that will decide if the Fifth Amendment privilege applies to your smartphone. In its basic form, the Fifth Amendment privilege dictates what you have formulated and thought about in your mind ...
June 6, 2018CD
Appeals to the Indiana Court of Appeals and Indiana Supreme Court are meant to provide litigants and attorneys with very specific guidance by and through the Appellate Rules to take an appeal through the appellate process. These Rules ensure uniformity, efficiency, and, ultimately, justice. However, in life and law, there are certain circumstances where rules fall short, and life liberty and property hang in the balance. In a rare glimpse into how Indiana’s highest court, the Indiana Supreme Court, handles these situations, it decided a case yesterday that shows how it is always able to effectuate justice by deviating from the ...
December 14, 2017CD
Legal Rights and Remedies That Do Not Exist in Indiana Most seasoned divorce attorneys have had clients who have lived in different places or have friends and family divorced in other states; sometimes this brings pre-conceived notions to the table about what is possible in a divorce in Indiana. This blog addresses the most common misunderstandings of litigants in proceeding in Indiana. The first misconception is alimony. In many states, the spouse without earning power can obtain long-term alimony. It is not uncommon to hear about very large monthly (or weekly) alimony awards in states like California. This remedy is not available ...
November 20, 2017CD
For children (who may be subject to divorce custody order) removed from another country, there are two (2) bodies of law that may apply to obtain their return. The first is the Hague Convention on the Civil Aspect of Child Abduction. Typically, these are countries with Western-type values and legal systems. Where two countries have signed and ratified the treaty, this body of law aids parents in obtaining a return order to return the child(ren)1 to their country of habitual residence. This blog post focuses on divorce and custody order issues by non-Hague countries if the children are brought to the ...
November 1, 2017CD
In complex or high asset divorces, attorneys sometimes face property, such as a vacation home, located abroad. The question becomes, “is this part of the marital estate?” Yes. All property no matter where located is marital property. Indiana subscribes, under the Dissolution Act, to the one pot theory where all assets brought into the marriage, acquired during the marriage, or to the date of filing are assets of the marriage the court can divide. This is settled law. This blog explores enforcement of an Indiana court order dividing or awarding one party a foreign parcel that may be titled in the ...
October 12, 2017CD