Unlike in divorce cases, where children born during the marriage are presumed to be children of the Husband and Wife1, in paternity cases, paternity of the child has to be established by one of several means2. One way, in particular, DNA testing, creates a reliable basis for the alleged father to ensure paternity of the child in question. In many paternity actions, the parents were together at the time when the child was conceived, and the father may have signed the paternity affidavit at the hospital. But, in those instances where paternity is uncertain and has not been established, DNA testing ...
September 28, 2017CD
The hallmark of justice in our society for serious criminal cases is a jury of one’s peers and a fair and impartial judge. No system is perfect. Human perceptions and job focus can sometimes interfere with a criminal case to such an extent a fair trial is not possible. In a new key criminal case on appeal, the Indiana Court of Appeals barred trial in northern Indiana of man who was charged with the shooting death of his wife.1 At the most basic level, a person charged with a crime carries a heavy burden in society while awaiting trial. For this ...
June 15, 2017CD
Over the last several years, applications to obtain and carry a handgun have soared in Indiana. Because handguns are a class of firearms more readily concealable, the requirements to obtain a License are stricter than the right to purchase. This blog addresses five key points to address denial of a license to carry handgun in Indiana. The first is to over-disclose on the application and obtain any information about an old criminal act to properly disclose, as required, to avoid denial for making a false statement. Obtaining such documents in certified format may allow them to be provided with the application ...
November 8, 2016Adam Hayes
Any legal area that has strong political and social positions, generally corresponds with substantial law-making. Gun purchase, possession and use is one such topic that is politically charged with “positions.” While most of the laws are on-line, there is a great amount of commentary about how the law should be applied and enforced. In the firearms arms arena, there are four key myths that appear to be a great confusion for a large number of gun owners. This blog addresses these. The first is a lawfully possessed firearm can be used to scare someone away by pointing it at the wrong-doer. ...
January 19, 2016Adam Hayes
Many divorce lawyers receive requests for guidance from their clients on “changing venue.” In Indiana, this is not common and is generally associated with moving the case from one county to another. This occurs in rare occasions in criminal cases in order to ensure an impartial jury. In a limited number of cases, first, the case may be filed in the wrong county by mistake or the parties move from the county during the divorce. Where these facts exist, it may be possible to move the case to a different county under the trial rules and/or agreement of the parties. Second, ...
December 9, 2015Adam Hayes
The issue of and statistics about domestic violence have received significant state and national attention over the last several years. Actual or threatened domestic violence may result in criminal charges with the right to remain silent or a civil domestic protective order. A civil domestic protective order is issued to attempt to stop threats or risk of harm to the person who petitions for it. Such an order may be granted without a hearing or after a hearing is set and the alleged perpetrator is given notice to attend. When a civil protective order is issued without a hearing based on ...
November 19, 2015Adam Hayes
In Indiana, there are hundreds of thousands of Hoosiers with a License to Carry a handgun. Because of the extraordinary complexity in firearms laws, a person may be denied a license for a number of reasons that can be addressed and the license issued. This blog post covers three key points about denial. First, if you are denied a license, you have the right to a hearing at the Indiana State Police (ISP). They are very dutiful in considering the merits of every denial, but a timely hearing has to be requested and the issues of denial properly addressed. The point ...
October 22, 2015Adam Hayes
Supposing a custodial parent is permitted by a court to relocate with the child to another state, there are often matters that arise after relocation that must be decided by a court with regard to the child. This brings up a relatively frequent question of which court decides, the court in the child’s former state of residence, generally the “home state,” or the state where the child now resides. Generally, the court in the child’s former “home state” retains jurisdiction so long as the non-relocating parent resides there. However, a petition may be filed in the new state asking it to ...
June 16, 2015Adam Hayes
Six Reasons The Indiana Supreme Court Might Take Your Case We have all had a moment in time in our personal life or heard on television, someone state they are taking their case to the Supreme Court. That may or may not be a remedy available to them. Under Indiana law and the Indiana Supreme Court’s Rule of Appellate Procedure, there are six specific considerations the Indiana Supreme Court gives to every case. The general consideration is where to appeal it are direct and a matter or right. This means the case does not go to the Indiana Court of Appeals first ...
March 24, 2015Adam Hayes
In the 1960s, it was common for a parent and child(ren) to take a “vacation” to another state, file divorce, and have this new state decide custody matters. Ultimately, this gained enough attention that the laws changed, as this new state would not have the necessary evidence to decide custody fully in a child’s best interests, and as a policy matter, “rewarded” a parent who fled to avoid a court best positioned to decide divorce, custody, and property matters. For this reason, more or less uniform child custody jurisdiction laws1 were passed in the states, including Indiana.2 This is helpful when ...
March 3, 2015CD