In 2012, the Indiana Legislature passed the Indiana Civil Protection Order Act.1 This Act allows a person who alleges that he or she is the victim of domestic and/or family violence, stalking, and/or a sex offense to ask an Indiana civil (trial) court to order the alleged offender to stop doing those acts by issuing an order that may result in contempt or arrest for violation. Unfortunately, these legal mechanisms are sometimes used to gain a tactical advantage in custody cases or for other illicit purposes. Is this your case? You know. This blog analysis the process and importance of ...
February 13, 2019CD
The mere thought of a divorce is difficult for most of us. However, if you are going to divorce, picking the “right” divorce attorney for your case is the way to avoid wasting money and going through multiple attorneys because you are perpetually dissatisfied. Often, the “best” divorce attorney—who may have handled every case from international parental abduction to a multi-million-dollar marital estate—is not necessarily the “right” divorce attorney for you. Equally, the best divorce attorney by ranking or for your friend’s divorce may not be right for your case either. This blog focuses on 3 key or fundamental considerations ...
December 20, 2018CD
Sometimes litigants are shocked and upset by a final order of a trial court in civil litigation and want to stay or “stop” it pending an appeal. In general civil cases, a party has to first ask for this stay in the trial court1 and present the reasons for a stay as set out in the trial rules. In essence, these rules require that for a stay to be considered, it must demonstrate that if the party prevails on appeal, the implications of enforcement of the final order would be unable to be corrected later. The trial court then decides. ...
January 10, 2018CD
Historically, the tender’s years presumption was law and effectively held that young children were presumed to be better cared for by their mothers, who most often received custody and the fathers “visitation” on divorce. That was a different time when the traditional family had a father working and a mother being a home-maker. This gave way to a gender-neutral legal position that meant, in theory, the recognition that either parent was presumptively able to have physical custody. The blog explores Father’s Rights now, trends, and suggestions for maximizing time in custody litigation. Since this time, same-sex marriage has become legal, more ...
November 28, 2017CD
In the ideal world, you select the right attorney for you civil case at the outset. Sometimes there are developments, such as other companion cases that occur, that makes it too complex or the “wrong fit” for the attorney’s practice and/or client’s objectives. For these and a myriad of other reasons, attorney-client relationships falter or need to end at times like other relationships. The question is when you should change counsel? There are no hard and fast rules on this topic. But this blog addresses three major considerations you should take in changing counsel. Disagreement and emotional responses in litigation can be ...
November 27, 2017CD
With each appeal taken to the Indiana Court of Appeals (“Court”), the appellant (bringing the appeal) and appellee have the right to file a brief of about thirty pages with the Court. However, the appellant has the right to have the last say and file one last brief to the appellee’s brief. At a recent, appellate continuing education seminar, attorneys and practitioners had the ability to exchange ideas and tips for making “more appeal” to an appeal. This blog covers three unique points’ that practitioners and/or judges discussed during this event and dinner. Distillation of the key points. Because original briefs ...
May 23, 2017Adam Hayes
lSince criminal cases involve the potential loss of freedom, there are trial and appellate provisions for a criminal case to be brought by a filing belated Notice of Appeal. In civil cases, Appellate Rule 9(A), it clearly states that “[u]nless the Notice of appeals is timely filed, the right to appeal shall be forfeited.” Historically, attorneys and Indiana courts have treated this rule stemming from the 1970s as jurisdictional. This means that without a timely filing, the appellate courts could not entertain the appeal because they lacked the jurisdiction to do so. In a new appellate case,1 furthering the reasoning of ...
August 4, 2016Adam Hayes
The concerns about domestic violence in many Western countries has led to detailed studies and new laws about this often unreported crime. Most states in the United States have specific statutes for criminal domestic battery where there are certain intimate relationships involved. In a recent blog post, the seriousness the United States has placed on this issues was discussed because of the SCOTUS case affirming that a misdemeanor conviction of domestic violence could cause a life time loss of the core civil right to keep and bear arms (the other core civil liberties are the right to hold elected office, sit ...
July 12, 2016Adam Hayes
All issues involving child custody and child support have significant social, political, economic and psychological dynamics operating within the legal system and controlling laws. Two key policies that support the law is to maintain the child with a style of living as if the parents were married and meet the child’s best interests. In the very broad area, this blog post explores three trends that are slowly changing domestic law across the country: joint custody, child support ending at age 18, and third parties obtaining custody. At present, the parent who is not awarded physical custody is given parenting time (overnights) ...
July 7, 2016Adam Hayes
The Line Between Abuse, Neglect and Criminal Acts in Indiana One of the strongest constitutional protections is the fundamental right to raise children without the State telling parents how to do it. However, everyone understands that freedoms and rights come with responsibilities and obligations. This is also true for children. Indiana is a conservative legal state, but has drawn lines where those rights end and move into civil or criminal acts on children by parents. This blog explores four key areas where a parent’s decision may go too far. Where this occurs, the State may become involved and take civil or criminal ...
April 14, 2016Adam Hayes