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Who can file a Protection Order in Indiana? The Basics

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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How Does Discovery Work In An Indiana Criminal Case

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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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 and 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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When do the Police Need a Warrant?

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…

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How to Obtain Specialized Driving Privileges After Refusing a Chemical Test

Under Indiana law, a court may grant certain persons convicted or accused of motor vehicle related crime, such as DUI/OVWI, a legal remedy called “Specialized Driving Privileges.” These privileges permit a person, whose license has been suspended, the ability drive for specific purposes (work, school, childcare, medical appointments, etc.) upon a showing of necessity (financial need, health & safety, etc.). Historically, these privileges are not available to certain people if they: Have never been an…

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Top 10 Questions to Ask When Hiring a Criminal Defense Attorney

You have been charged with a crime. It is probably one of the most stressful times you have ever had in your life. You may have just spent a miserable night or two in jail and are completely exhausted. However, now you have a very important decision to make. Who should I hire as my criminal defense attorney? In this blog, we will list 10 questions you should ask when talking to a potential attorney…

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Brad Banks who has more than 20 years of legal experience as a criminal defense attorney.