In almost any civil or criminal case, you have the right to a trial. There are two types of trial: bench and jury. This is a major decision that can make the difference between winning and losing a case. In a bench trial, the Judge evaluates the evidence and determines which party wins, whereas in a jury trial, a jury of local residents (jurors) decides who wins. Most people assume that all trials are held…
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…
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….
You’d have to be living under a rock to be completely unaware of what happened on January 6th, 2021. Regardless of your politics, cameras rolled as thousands of people stormed the Capital for the first time since The Burning of Washington on August 24th, 1814. In stark contrast, back in the early-1800’s, unlike January 6th of 2021, the attack was from a foreign power, the British, not from citizens from within the borders of our…
It’s well established that the United States has one of the highest divorce rates in the world with approximately 50% of first marriages ending in divorce, 60% of second marriages and 73% of third marriages. Further, the CDC estimates that 43% of children in Indiana are born out of wedlock. Throw in the statistic that most American’s move approximately 11 times in their lifetime and you have a good chance that you’re going to be…
Many people going through separation and divorce are familiar with child support and orders for health care, uninsured medical expenses, etc. for their children. Fewer are aware of the ability of the trial court to order one spouse to continue to support another spouse. While Indiana laws do not provide for Alimony, per se, they do provide for instances where one spouse may have been incapacitated or need additional time to re-enter the workforce at…
What is a No Contact Order? (Ind. Code 35-26-5 and 35-26-6) Courts can impose various forms of No Contact Orders, and they can even be a necessary condition of release on bail. No Contact Orders prevent one from (as the name suggests) contacting another individual, usually in the aftermath of a domestic dispute or other interpersonal conflict. (See Ind. Code 35-33-8-3.6). In the case of a domestic dispute, individuals often do not leave their home…
Once the Court issues an order, whether from approving your settlement agreement or after a contested hearing, both you and the other party are required to comply with the court order. So, what happens if the other party refuses to follow the order? Failure to comply with the court order can result in an action for contempt of court. There are two types of civil contempt: direct contempt and indirect contempt. Direct contempt occurs when…