Across the United States, including in Indiana, social trends and financial pressures are driving lawmakers and courts to reconsider key areas of law that are being tested and challenged each day. Since family and criminal law constitute the majority of cases, you must understand these to be an informed citizen and have awareness as it impacts your life and legal suits and those of your friends and family. This blog says in one place at one time the “unsaid” of what is known to and a daily struggle for law enforcement officers, prosecutors, lawmakers’ judges, and attorneys. First, natural (and adoptive) ...
June 29, 2017CD
Indiana’s appellate court’s are adapting with the times and requirements for open access to courts as guaranteed by the Indiana Constitution. Appeals to the Indiana Court of Appeals, Indiana’s primary intermediate court are made uniform to expedite the appellate process and ensure uniformity in review on-line and in paper format by the Clerk issuing a “Notice of Defect” for briefs that other filings that do not closely follow the Appellate rules. In this blog post, common defects are discussed and what they mean in terms of the appeal and corrective action. As a threshold matter, the Indiana Court of Appeals exists ...
February 10, 2016Adam Hayes
Upon passage of the Gun Control Act of 19681, a person who wanted to deal in firearms for the primary purpose of making a living had to obtain a License (or FFL). Over time, the rather simple requirements incumbent upon FFLS became very rigid and strict. In theory, at present, a single violation of the GCA of 1968 can lead to revocation of an FFL and/or imprisonment. ATFE’s central purpose for holding FFLs to a high standard of compliance with respect to their records, primarily A&D Books, 4473 Forms, and Multiple Handgun Purchases is for proper law enforcement. With a dealer ...
April 14, 2015Adam Hayes
Filings in the Indiana Court of Appeals involve a well-defined and specific structure, and are governed by strict rules1. From the first filing to the last, and all filings in between, there are specific people who must be served and a specific number of documents that must be filed. A panel of Justices for the Court of Appeals consists of three (3) justices. As such, copies of motions, briefs, etc. must be filed with a specific number of copies. It is important to include the proper number of filings, because it may change depending on what is being filed. A brief ...
August 7, 2014CD
Domestic partners, married couples, or really any family members can potentially be the victims of domestic violence. Sometimes this is a pattern, but sometimes it is a one-time event in the emotionally charged event leading unraveling of the relationship. In some cases, tensions are high, remain high, and domestic violence can be a very real, on-going concern for a party, friends, family, and lawyers. However, there are a number of protections and safeguards in place to prevent a potentially tragic escalation of a domestic matter. Under a uniform act in Indiana law, after a hearing and proving the risk, the person ...
May 29, 2012CD
Few topics pull at the heart strings of adult children, grandparents, friends, relatives and other third parties more than providing for and protecting a child they have bonded with. Courts, lawyers, psychologistsi and guardiansii (daily) struggle with how to best resolve disputes between them over physical custody in paternityiii and divorceiv cases, follow constitutional imperatives and meet the best interests standard. The law is fairly clear. A natural parent’s right is superior to a third party, including a grandparent.v In fact, the United States Supreme Court has so ruled.vi Even a grandparent is entitled to only occasional visitation with his or ...
February 3, 2012CD
What’s An Oral Argument Held in Conjunction with an Appeal? Do I Want One? Can I Get One? Relative to almost two million criminal and civil cases handled in Indiana trial courts currently, appeals are very rare in statistical terms. According to the 2010 Annual Report of the Court of Appeals of Indiana, there were only 4,392 appeals filed and 315 oral arguments held on cases pending. At Ciyou & Dixon, P.C., we represent appellants (who lost below), as well as appellees (who prevailed below). For appellants, individuals or business clients, this situation is often a frustrating, scary and a desperate time. ...
December 13, 2011CD
At Ciyou & Dixon, P.C., we frequently observe two (2) major (assets) in a marriage that have been fertile battleground for litigants: the marital home and pension and retirement plan. In most places around the United States, these are not as valuable as they once were. About everyone knows individual homes to commercial real estate have lost value and are only now stabilizing in terms of price. For this reason, and because of low down payment requirements, a large number of homes are “underwater.” The fight lines are drawn over who is going to take the home, not who is going ...
November 24, 2011CD
Most attorneys, along with individuals who work within the legal system, take the legal “jargon” or terms given to the most common documents filed in courts in connection with divorces for granted. Ciyou & Dixon, P.C. advocates believe understanding these basics aid in understanding the more complicated legal concepts contained within those filings. In this blog post, we cover the five (5) most common terms that are used. We hope when you hear about these, you are able to understand what your counsel is referring to and why the particular legal tool may have been utilized. This will help you understand ...
October 13, 2011CD
In these times of global financial uncertainty, Ciyou & Dixon, P.C. advocates observe that it is tougher than ever for divorced parents to make ends-meet. To some extent, this has always been the case. It’s a matter of basic economics–it costs more to run two different households, particularly on a single income if the other ex-spouses have not remarried. This coupled, with recent revisions to the Child Support Guidelines, makes the idea of child support modification a more ready consideration, or down-right appealing, to many parents. However, a child support modification does not occur just because of the passage of time ...
September 27, 2011CD