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Indiana Questions & Answers
1 Answer | Asked in Family Law for Indiana on
Q: When I turn the contempt papers into the clerk to file, do I have to send a copy to my ex wife’s attorney or do they?

I can’t afford an attorney, so I print off and file the contempt papers and fill them out myself. She has not been letting me have them on my court ordered parenting time and has been warned by the judge last time we were in court about it. I’ve tried to file twice and it hasn’t gone through... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on May 28, 2020

Based on the information provided in your question you should request the clerk to do it and then drop a copy of it in the mail to her attorney

1 Answer | Asked in Child Custody for Indiana on
Q: What are my child visitation rights at a paternal parent that pays child support. We do not have a court order.
John Mario Acosta Jr.
John Mario Acosta Jr. answered on May 28, 2020

Based on the information provided in your question it depends if you have established paternity or not and if so at a minimum Indiana Parenting Time Guidelines.

1 Answer | Asked in Criminal Law for Indiana on
Q: I'm a first time offender being charged with child neglect which is a class 6 felony. Probation, jail, or felony?

Son wondered out the door when I was asleep. He is five years old, and was found by the police who arrested me for child neglect. I was just wondering how likely I would just get probation without jail time.

Dakota VanLeeuwen
Dakota VanLeeuwen answered on May 27, 2020

Every case is fact specific. You should consult and retain an attorney to assess the facts of your case. The range of consequences for a Level 6 felony are defined under Indiana Code 35-50-2-7(b) the possible sentence for Level 6 felony as between six months to two years and one-half (2 1/2 )... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for Indiana on
Q: My husband is going to prison for 13 years. He has a court appointed lawyer that I don't believe is being fair .

My husband's lawyer I feel is trying to punch him to take the plea that was Gabe to him. I realize my husband has a past. But courts have never offered him drug rehab or has even tried to get him help

Dakota VanLeeuwen
Dakota VanLeeuwen answered on May 27, 2020

Consult and retain a private attorney if you would like another opinion on the case.

2 Answers | Asked in Criminal Law for Indiana on
Q: Could a 17-year-old girl date a 20-year-old that just turn 20 in the state of Indiana
Dakota VanLeeuwen
Dakota VanLeeuwen answered on May 27, 2020

Yes, the age of consent in Indiana is 16 years old.

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1 Answer | Asked in Criminal Law for Indiana on
Q: Do I need an attorney to turn myself in on a warrant? Will I go to jail if I don't bring an attorney with me?

My warrant is in indiana for a class 6A felony (Lowest felony)

Possession of paraphernalia

Possession of marijuana

Possession of cocaine (I had ZERO cocaine) but it's on the warrant

A warrant was issued and I want to take care of it. What is the next step as... Read more »

Dakota VanLeeuwen
Dakota VanLeeuwen answered on May 27, 2020

Hi there. A warrant will have the list of charges they are alleging you committed. You should first make arrangements to hire an attorney to best assist you with any defenses or legal issues with your case. Then turn yourself in. Some times this is done directly to the Court or to the police. An... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: Hi i pay child support it is up to date and i can see my children

What is my next step because i only get to see my kid on birthdays and when she allows me to come

Troy Tyson
Troy Tyson answered on May 27, 2020

If you have an order for custody, then you are entitled to see your children when it says you can. If you do NOT have an order for custody, you should request one from the court immediately.

1 Answer | Asked in Real Estate Law, Bankruptcy and Intellectual Property for Indiana on
Q: Can the trustee of Chapter 13 take money from insurance company after my neighbors house exploded totaling out my house?

I filed Chapter 13 Bankruptcy in January of 2019 and have been making payments. In May of 2019 my neighbors house exploded condemning my house unlivable. The insurance company paid out $115,000 to repair the house totaling it out and said if I tear it down and rebuild it they will give $25,000 more... Read more »

Timothy Denison
Timothy Denison answered on May 24, 2020

You need a bankruptcy attorney ASAP to clean this up for you and to protect your interests. The trustee shouldn’t be able to hijack all your money from the house.

1 Answer | Asked in Criminal Law for Indiana on
Q: Under what circumstances and how likely is that to happen
Andrew L. Bennett
Andrew L. Bennett answered on May 21, 2020

Please email me directly so you are not putting statements on a public forum that could be monitored by the police or prosecutor.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I paid off a 9 year old ticket for disregarding a stop sign and as soon as I paid it the BMV placed a pending suspension

On me for Failure To Provide insurance. I would be severely disadvantaged by the 90 day suspension. Could I write the traffic court judge and ask for leniency?

Andrew L. Bennett
Andrew L. Bennett answered on May 21, 2020

First, if you had insurance at the time of the violation, contact your insurance company to send in proof and the suspension will be removed. If you did not have insurance, then your option would be to petition the court for specialized driving privileges, you can do this yourself, but if you do... Read more »

2 Answers | Asked in Criminal Law for Indiana on
Q: Can a person that allegedly committed a crime as a juvenile be charged with the crime 11 years later as an adult?

In the state of indiana

Andrew L. Bennett
Andrew L. Bennett answered on May 21, 2020

If the crime was committed as a juvenile then it should remain in juvenile court, unless waived to adult court.

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1 Answer | Asked in Criminal Law and Traffic Tickets for Indiana on
Q: I'm on bond for a drug and paraphernalia charge. I got a speeding ticket and a driving while suspended while on bond

I missed the traffic court date and now have a bench wRrent will my bond be revoked on the drug charge if I turn myself in for the traffic

Andrew L. Bennett
Andrew L. Bennett answered on May 21, 2020

Possibly. If the DWS is a misdemeanor then a new criminal charge could get your bond revoked. If you have an attorney on the drug case you should consult with them about the new situation, it may be possible to get the warrant recalled.

1 Answer | Asked in Criminal Law and Banking for Indiana on
Q: How much trouble will 1 get in if they cash payroll check in amount of 570 two times. But has worked enough to pay back
Andrew L. Bennett
Andrew L. Bennett answered on May 21, 2020

From your question it appears that the person was only entitled to one pay check, if that is the case it depends on how the person received the 2 pay checks and what role in drafting of the checks. At a minimum there could be a charge for misdemeanor conversion to theft to forgery as a felony.... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I am breastfeeding, rent is paid on time, can I be evicted
Troy Tyson
Troy Tyson answered on May 21, 2020

As long as you are paying your rent on time and adhering to the other stipulations of the lease, I see no basis for eviction.

1 Answer | Asked in Child Custody, Divorce and Family Law for Indiana on
Q: How can i get legal aide in a divorce/ custody case with no income?
Troy Tyson
Troy Tyson answered on May 20, 2020

You should consider speaking with Indiana Legal Services (https://www.indianalegalservices.org/) or the Indianapolis Bar Pro Bono Program (https://www.indybar.org/). If you live in a county other than Marion, then contact your local court and see if they can provide you with information on local... Read more »

1 Answer | Asked in Divorce for Indiana on
Q: I recently asked my husband to move out, and told him I want a divorce. Over the weekend, he left with our 13 year son.

I have been unable to contact my son. I don’t have a lawyer yet, but am looking for one. What are my options with finding my son?

John Mario Acosta Jr.
John Mario Acosta Jr. answered on May 18, 2020

Based on the information in your question you should seek counsel from your area immediately.

2 Answers | Asked in Divorce and Child Support for Indiana on
Q: I'm completely unfamiliar with divorce proceedings/steps. We have one minor child and fairly substantial assets

(home, recreational property, 401Ks, etc.). Minor child just turned 17 years old. I need to start the divorce process. How should I proceed/what do I do? Covid 19 protocol for face to face meetings with a lawyer? I never thought it would come to this.

John Mario Acosta Jr.
John Mario Acosta Jr. answered on May 18, 2020

Based on the information provided in your question it would depend on the lawyer if they are doing face to face meetings or not. Additionally, no one ever is prepared or ready for this in their life, so finding a lawyer in your area that fits your needs is important.

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2 Answers | Asked in Child Custody for Indiana on
Q: My ex wife got charged with her 2nd OWI with our child in the car. Can I get custody of our child?
Troy Tyson
Troy Tyson answered on May 18, 2020

Child custody determinations are made based on what is in the best interests of the child; however, there are no hard and fast rules as to what would lead to a modification, as much of that is in the discretion of the judge. Based on the circumstances you've described, though, it is clear that... Read more »

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1 Answer | Asked in Business Formation, Business Law and Contracts for Indiana on
Q: Is it legal to use art for commercial use from a minor, if said art was bought as a comission?

We're making a show, and for the show we need art, we have a very talented artist that wants to help us but the problem is they are underage. We're wondering is it possible to use the art from the minor for commercial use if we bought it as a commission? If not, would we have to end up... Read more »

Barbara Berschler
Barbara Berschler answered on May 17, 2020

When you say "use" the art, what do you mean? You are able to resell a painting, like you could resell a book. However, buying the item does not give you rights in the copyright associated with the work.

Because a minor is involved, you need to tread carefully. Minors are not...
Read more »

1 Answer | Asked in Uncategorized for Indiana on
Q: My drummer of my band was recently removed and claims he owns rights to songs that haven't been recorded or released.

My drummer of less than 2 years claims he owns rights to music that I myself have written. Has he ever altered those tracks himself on his computer or been there when parts were conceived outside of drum parts? No. Did we have sessions where we sat together and worked out electronic drum parts on... Read more »

Tim Akpinar
Tim Akpinar answered on May 16, 2020

You could repost your questions in the Copyright section here, or you could contact a copyright attorney. A copyright attorney would have the best insight into the issues you outline. Good luck

Tim Akpinar

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