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
Strictly speaking, Indiana is not an alimony state. The term used in legal terms is “maintenance.” Understanding these will help you be a more informed citizen and help your lawyer ask for temporary orders and a final divorce in a way that best meets your needs and is just and equitable. The first type of maintenance is that the court can award during the pendency of a divorce proceeding when the case is undeveloped for what is fair ultimately order; temporary maintenance for household expenses is very vast and may be modified where necessary before a divorce. Temporary maintenance may even ...
November 11, 2015Adam Hayes
For many father’s who seek joint or primary custody, there is the belief that they are predisposed to an outcome. However, Indiana’s divorce statute is gender neutral and father’s are prevailing on custody claims in Indiana courts who focus on the children’s best interests. To make your best case, here at four tips. Perception is reality. Many, if not most, father’s today have work schedules that are more conducive to sharing custody, working from home, flexible hours, and the like. However, if you go into your case with the notion father’s are not on equal footing with mother’s it is a ...
November 4, 2015Adam Hayes
Any party to a divorce, paternity, or the Court may request/order a custody evaluation. A custody evaluation is normally done to request a professional’s opinion on what is in the children’s best interests for custody, parenting time, and/or relocation. At the end of the process, an evaluator will make custody type recommendations to the Court after spending a significant amount of time with the parties. In the event you obtain an unfavorable custody evaluation, there are five important ways you may challenge the recommendations if you believe they are not in the children’s best interests. First, know a custody evaluator’s report and ...
November 3, 2015Adam Hayes
After a massive police shoot out with a mentally ill person, Indiana passed a law that allows police officers to confiscate firearms from a person they think is a “dangerous person.” This usually occurs because of a police 911 call. If your firearms are sized in that way, you are entitled to a hearing in a short time to determine if you are a “dangerous person” and if your firearms may be retained. At the first hearing, the burden is on the State to prove this. This means the prosecutor or attorney for the state must prove you are a dangerous ...
October 21, 2015Adam Hayes
In Indiana, the Department of Child Services (DCS) investigates all allegations of abuse and neglect of Indiana’s children. There is a hotline where any person who suspects abuse or neglect of a child may make a report: 1-800-800-5556. Reports often come from doctors, teachers, and counselors. As a parent of underage children, it is possible you will receive a DCS inquiry about abuse or neglect of your child(ren) in your home. By law, an investigation must occur in a short time and this may leave you unsure whether to have an attorney represent you. There are many aspects an attorney can ...
October 20, 2015Adam Hayes
Daily news stories and life experiences demonstrate to us all that third parties, such as neighbors, friends, and grandparents are helping more and more to raise children. Sometimes disputes like divorce causes such third parties to be removed from a care-giving role that they want to continue and perhaps the children need for security and stability. This blog post explores this topic. Third parties always have one big legal hurdle to overcome, although many have done so in Indiana and other states. This is a parent’s fundamental right to raise his or her children with a minimal of state interference. The ...
October 15, 2015Adam Hayes
It may seem strange, but settling divorce outside of court, is really done by contract. This blog post covers this topic because with the freedom to contract guaranteed by the Indiana and United States Constitutions. The way this typically occurs is the attorneys send agreements the parties have reached to be signed and forwarded to the court, have a settlement meeting or attend the mediation. The document that reflects a total agreement or partial agreement is a binding contract. What is so unique about resolving a case by agreement (i.e., contract) is the parties may agree to terms that a trial ...
October 14, 2015Adam Hayes
Over the years, certain societal problems generate enough public awareness that a concentrated legislative and law enforcement focus begins. These ordinarily gain traction and more awareness by campaigns by various non-profit groups that fund such. Drinking and driving is perhaps the most obvious example. Within certain domestic relationships, there is higher than average violence rate and domestic violence is now a similar topic of similar intense social focus. Indiana passed into law the Indiana Civil Protection Order Act several years ago that has companion state statutes across the United States. These statutory provisions allow a person who alleges they have been a ...
October 8, 2015Adam Hayes
In paternity and divorce cases, parties sometimes do not fully understand “legal custody.” Legal custody has nothing to do with who a child stays with for parenting time or custody. Instead, it is which parent(s) has the authority to make decisions about the child’s health, education, and religions decisions.1 If it is in a child’s best interests, the court may award joint legal custody. This is generally appropriate and in the child’s best interests when the parents have a generally shared view of these matters, such as they are of the same faith, believe in public or private schools, or have ...
October 7, 2015Adam Hayes