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Who can file a Protection Order in Indiana? The Basics

Posted in On May 25, 2023

Indiana Code 34-26-5-2 outlines the requirements for obtaining a protective order, also known as a restraining order, in Indiana.  Protective orders are legal orders issued by a court to protect individuals who have experienced domestic or family violence against a: A parent, guardian, or another representative may file a petition for an order of protection on behalf of a child against a: To obtain a protective order under Indiana Code 34-26-5-2, the petitioner must file…

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Do I Want a Bench Trial or a Jury Trial?

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. A bench trial is where the Judge evaluates the evidence and determines which party wins. A jury trial is where a jury of local residents decide who wins. Most people assume that all trials are held…

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How Does Discovery Work In An Indiana Criminal Case

Posted in On May 4, 2023

If you have been charged with a crime, especially a more serious crime, then the process of the criminal case has just gotten started.  Once charges are filed there are many times a number of delays or continuances of court dates, mostly because the attorneys are engaged in a process called discovery.  This blog takes a look at what discovery is and how it works in a criminal case. In most jurisdictions in Indiana the…

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How Can I Appeal My Conviction In Indiana?

If you’ve been convicted of a crime in Indiana, you may be wondering if you can appeal.  With some exceptions, the answer is yes.  We help many people seek a “second look” at their cases by the Court of Appeals.  A conviction after trial isn’t necessarily final, but failing to pursue an appeal quickly can mean the loss of the ability to do so. An appeal is initiated by filing a document called a Notice…

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What Does Beyond a Reasonable Doubt Mean?

Anyone and everyone that has ever watched a crime show on TV can tell you that the standard of proof in any criminal case is “Beyond on a Reasonable Doubt.” Most people, intuitively, think they know what that means — until they actually stop to think about it. It is one of those phrases we all know innately (much like Miranda), and yet we all think we understand it until we are placed on a…

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Can an Out of State Conviction be Used to Enhance a Domestic Battery Charge in Indiana?

There are several different types of criminal offenses that can be enhanced if an individual is charged with a subsequent similar case.  For example, if someone is accused of shoplifting, and the total value of the items are less than $750, the person will be charged with theft, a class A misdemeanor.  If the individual is convicted, and is later charged with another shoplifting offense, the new charge will be enhanced to a level 6…

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Difference Between a No Contact Order & a Protective Order

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…

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Can Police Search My Private Property Without a Warrant?

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…

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