Several years ago, the Indiana General Assembly passed a comprehensive civil protective order act. This legislation was aimed at addressing the problem of domestic violence within certain family units. Now, a version of this uniform act is adopted in virtually every state. There is a national depository where domestic protective orders are immediately placed online and available to law enforcement agencies throughout the United States. However, there is growing concern that these are abused by certain litigants in domestic cases, particularly contested divorce and paternity matters. This blog post covers a recent decision decided with the Court of Appeals1 that protective orders ...
May 18, 2017Adam Hayes
Family law, like every other profession, has its own language; a language that can be misunderstood, or may stand for many things depending on the context in which it is used. This blog covers the five key definitions that are used correctly, incorrectly, or a combination of both, in child custody proceedings. The better you understand these terms, the more informed litigant you will be. The first term is an umbrella term generally referred to as “child custody.” Child custody refers to who is going have the children or make decisions for them, under what situations, and contains within it all ...
April 26, 2017Adam Hayes
Over the course of your lifetime, you may be tempted to or drive with alcohol in your system. What many people don’t know, or don’t fully understand, is that you do not have to be over the legal limit to be arrested and charged with Operating a Vehicle While Intoxicated (“OWI”). Generally speaking, it is enough that you have alcohol in your system that impairs you. Due to the commonality of OWI charges and convictions, it is important to know and understand what will happen if you are stopped by a law enforcement officer. There are certain tests that will be ...
April 17, 2017Adam Hayes
Let’s face it. There are some parents that just cannot agree on certain issues related to their child, such as extracurricular activities or (legal) discipline of the child. As a result, Indiana has started utilizing a newer method to address co-parenting in these situations. This blog post focuses on parallel parenting, a concept targeted toward parents experiencing consistent conflict due to their inability to agree to virtually anything, sometimes reflective of different life views that led to divorce and, others, the on-going “wounds” from the breakup of the marriage. Parallel parenting is a fairly new concept introduced in March of 2013 ...
April 13, 2017CD
Suppression of evidence in a criminal case has always been a controversial topic and legal remedy. An example would be suppression of a firearm found on a felon after he or she is stopped and searched. It is illegal and a criminal act for a felon to possess a firearm under state and federal law, and standing alone, is criminal and should result in a conviction. The reason evidence is suppressed, such as this hypothetical firearm on a felon, is to make sure our constitutional safeguards are not violated. This often means a defendant—guilt notwithstanding—is not convicted. Suppression is a matter ...
April 6, 2017Adam Hayes
A controversial topic nationally is the prohibition on individuals convicted of battery with a domestic component. For defendants, it is unique because it is the only misdemeanor crime where an individual is disqualified under federal law from possessing firearms. This disqualifier also prohibits any person in Indiana from being issued a License to Carry a Firearm. Generally, the notion behind these bars is domestic violence is more serious than other crimes because it tears at the social fabric of our society by destroying or impairing families, the cornerstone of our society and survival. The issue this blog explores is when this ...
March 7, 2017Adam Hayes
While most domestic cases resolve before trial, those that are tried generally involve unique legal issues, or more commonly, extremely contentious issues such as child custody, amount of parenting time or child support (the two are linked), or serious issues about valuation of assets. Indiana judges get a “hot record”, meaning they are given great deference in judging the witness’s credibility. This blog covers four ways to “torpedo” your case by being a witness that lacks credibility. The first is quite common—denying undeniable facts. For instance, in a long-term relationship that involves drug use, even “recreational” (illegal) marijuana, it is generally ...
January 11, 2017Adam Hayes
"Do I need an Attorney if I'm am contacted by CPS about my child in Indiana?" Each year Indiana Child Protective Services receives and investigates thousands of calls about suspected child abuse or neglect from a host of individuals ranging from doctors to teachers to counselors. Their job is to investigate and, if necessary, file a request for a Child in Need of Services case to be prosecuted. Many parents wonder when and if they should have their own attorney. This is the topic of this blog post. In short, the answer is “yes” there is the right to counsel, and parents ...
January 4, 2017Adam Hayes
The holidays are special times for most families, including those parents who have not married or have divorced: Special school events. Holiday parties. Family gatherings. All of this occurs with a lot of corresponding planning, from purchasing gifts to cooking meals. For parents who are not married, coordinating schedules can he a major source of conflict. This blog puts forth five important tips divorce attorneys use to help their clients avoid most conflict during the holidays: Know the Indiana Parenting Time Guidelines: The Indiana Supreme Court has adopted the Indiana Parenting Time Guidelines to set forth basics of holiday parenting time; ...
December 21, 2016Adam Hayes
Indiana is a very progressive state in firearms’ laws in many ways, including its “lifetime” license to carry a handgun. Once such is issued, it may be suspended or revoked for certain criminal activity. This blog addresses important reasons to appeal the denial of an application for a License to Carry a Handgun once made and denied by the Indiana State Police, who are diligent and careful in approval of the application. First, firearms law is very complex, and some of the questions on the Application are required to comport with state and federal law and do not always have clear ...
December 7, 2016Adam Hayes