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Protective Orders and No Contact Orders have certain similarities, but they are not the same. There are several significant distinctions between the two, including variations in the procedures for obtaining orders, the periods of time during which they provide protection, the restrictions they impose, and the procedures for removing them. What is a No Contact Order? (Indiana Code 35-33-8-3.6) No Contact Orders are issued by a judge through criminal cases. For instance, when there is…

When you file for a dissolution of marriage in Indiana, the Court will not grant the dissolution immediately.  At minimum, at least sixty days need to pass from the date the action is initiated to the date the Court is able to finalize the dissolution.  More often than not, the case will take longer than sixty days, sometimes lasting months or even longer than a year.  If you and your spouse are able to navigate…

A home is someone’s most intimate and familiar place.  Home is supposed to be where a person should feel safe.  As such, the 4th Amendment to the United States Constitution protects individuals from unreasonable searches and seizures by the government.  The Fourth Amendment stands for “the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.”  Silverman v. United States, 365 U.S. 505, 511 (1961).   When the…

You’ve been in a crash, and it wasn’t your fault.  Maybe you just had some bumps and bruises, but perhaps your injuries were a lot worse.  Either way, it won’t be too long before the insurance company is trying to get your statement and making you an offer of settlement for your injuries and other damages.  The offer might sound good initially, especially if you don’t think you were hurt too badly, or money is…

A common question comes up during and after a custody case:  Am I allowed to move out of state if I have custody of my kids?  The answer is, not surprisingly, it depends.  In Indiana, relocating when there is an ongoing custody case or following a custody case is governed by the state statutes. In the last few years, the Indiana legislature has updated the law to make the requirements on a relocating parent less…

In Indiana, “a prosecutor has the responsibility of a minister of justice and not simply that of an advocate.” Ind. R. Prof’l. Cond. 3.8 Comment 1. This means that a prosecutor’s primary responsibility is not to prosecute cases and obtain convictions, but rather to seek justice. Frequently, this does require prosecuting criminal cases and obtaining convictions. However, this does seem to give a prosecutor some wiggle-room to decide to not prosecute a criminal case because…

Being subpoenaed for a deposition can be a nerve-wracking experience that you may be called in for if you are a victim of a crime, witness to a crime, or if you (or a loved one) is somehow involved in a criminal case. This can be stressful but there are a few things to keep in mind that will not only make it an easier experience for you, but also keep yourself protected as well….

The Fourth Amendment to the United States Constitution appears to require law enforcement to obtain a warrant before searching your person or property. Of course, countless exceptions have been carved out of that requirement, and they can vary based on the specifics of a certain situation. If police searched your person or property without a warrant, you will want to contact an attorney at Banks and Brower to review your case and see if there’s…