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Since the groundbreaking civil rights victory in Obergefell codified same-sex marriage in 2015, same-sex couples across America have utilized the legal protection to build their lives and their families. However, there have been some recent insinuations from the Supreme Court that the legal principle of substantive due process may be getting a new, conservative-leaning interpretation. Substantive due process not only is one of the key building blocks that fortifies same-sex marriage but also interracial marriage….

Here at Banks and Brower we frequently get calls from people who had an argument, fight, or misunderstanding with a loved one. The police are called and now their loved one is facing domestic violence charges and the Court has issued a no-contact order even though they did not request one. While this can be frustrating, it is routine in Indiana and there are steps you can take to try to get this no-contact order…

The Batson challenge involves disputing the legitimacy of a peremptory challenge, alleging that it was used to exclude a prospective juror based on race, ethnicity, or gender. If the challenge is upheld, the outcome can vary but often includes the possibility of a new trial. A longtime tenant of the American judicial system is that every individual is entitled to a fair and impartial jury trial.  Over the history of the nation’s existence, the Supreme…

When the founders of our country wrote the Constitution and the Bill of Rights, photos did not exist, audio and video recordings did not exist, GPS did not exist, and everything written was on a physical piece of paper. As technology has developed over the past 250 years, Courts have sometimes struggled to take the 4th Amendment language, written in the late 18th century, and apply it to modern society. One more recent application is…

Indiana is a no-fault state, meaning that you can get a divorce in the state without the necessity of proving there was fault by either spouse.  That being said, when you’re dealing with custody of children, whether that be as part of a dissolution of marriage, post-dissolution of marriage, or in a paternity proceeding, various factors that would not be relevant for a divorce can be relevant in the Court’s determination of which parent should…

Jury trials are often dramatized on television and in movies.  The plot of several popular TV shows revolves around the courtroom drama between prosecutors, witnesses, defense attorneys, and judges.  The accuracy of the portrayals of jury trials varies from show to show.  In a general sense, here is how “real life” jury trials unfold in Indiana. The first day of all jury trials start with jury selection, commonly referred to as voir dire.  Voir dire…

Almost every single day our office receives calls from people charged with crimes involving victims on the other side. Just as often, the accused will say to us, “the victim doesn’t want me charged, but I got arrested and charged anyways, why?” Or, “the victim asked the prosecutor to dismiss the charges, but the prosecutor won’t, why?” The simple and straightforward answer is one that people don’t want to hear and often don’t understand. If…

In a family law case in Indiana – many different types of professionals can be involved with your family.  Below, we will attempt to identify the types of professionals, what they do, what you can expect, and how they impact your case. Guardian ad litem A guardian ad litem in a custody case is typically a lawyer appointed by the Court that is tasked with gathering facts and representing a child’s best interest to the…