CIVIL LITIGATION

SETTLING THE MOST SENSITIVE ISSUES IN INDIANA CIVIL COURT

People have disagreements every day, and some must be settled in court. Those involving divorce and children can keep you up at night because your most intimate relationships and assets are at stake.

Indiana is a no-fault divorce state, which means there is no need to prove wrongdoing of either spouse to file for divorce. Simple divorces can be finalized 60 days after papers have been filed. In most cases, debts and property are divided 50-50 between the spouses, but courts may find reason to give more to one party than another.

This is when things can become troublesome in dissolving a marriage between two people without children. Add children to the equation, and the process becomes more complex with issues of custody and support.

Indiana courts typically attempt to keep the best interests of the children in mind when deciding custody. The decision is based on factors such as the age and sex of the child or children, the wishes of the children and parents, school, community, mental and physical health of all parties, stability of the home (including income, housing and child care), and any history of domestic violence by either parent.

When mediation has failed to settle the terms of your divorce, child custody and support arrangements, seeking the help of a trial-ready attorney may be your only option for fair terms after your marriage has ended.

FIGHTING OFF HARMFUL EFFECTS OF RESTRAINING ORDERS

If you’ve been served a restraining or protection order, it affects more than just your ability to have contact with another party. It can lead to severe consequences such as losing your job or being kicked out of school.

Restraining orders are established to protect someone who feels threatened by another party. In some cases of divorce, one of the parties may petition to have a restraining or protective order filed against their spouse. These can be filed without your knowing until a county sheriff arrives on your doorstep to serve it.

It takes just an accusation from someone claiming they feel threatened by you for a restraining order to be put in place. These people may claim they were abused, even though no evidence exists to back their claim. In the meantime, your life and future become vulnerable to adverse actions by simply going home at the wrong time. Even if you don’t act, more severe charges could arise from false accusations of assault while the protection order is in place, elevating the stakes to a felony level charge. You could be arrested without the slightest notion you had committed a crime.

There are things you can do to avoid any further problems when facing a protection order:

• Remain calm. Do not make any rash decisions or seek retribution.

• Follow the order. Violating any terms, such as having contact or breaching the set distance dictated by the order can have criminal or civil repercussions.

• Avoid all contact with the petitioner. You may not seek out the party responsible for the order, but if they attempt to contact you by e-mail, telephone or show up at your residence, you need to speak with the police and not them. This creates a record that could help protect you from implications that you breached the restraining order.

• Get an attorney’s help. Depending on whether the restraining order was filed in relationship to a criminal, civil or another type of issue, you will need an attorney to guide you through the process.

You have 30 days from the time you received a copy of the protective order to request a hearing to dispute it in court. The sooner you act the better.

SEEKING THE RIGHT ATTORNEY FOR YOUR CIVIL MATTER

Your rights could easily be trampled in a divorce trial or custody battle if you don’t have the right attorney there to stand up for your rights. Indiana civil litigator Allen Lidy provides his experience as a trial-ready attorney to protect Hoosiers from false claims such as accusations lodged in a restraining order, custody dispute or divorce. His strategies are built on a solid foundation of legal experience and aggressive action in the courtroom.

Allen lends his ability to other civil litigation matters involving:

• Paternity actions

• Child protection services cases

• Removal of children

• Termination of parental rights