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Indiana Questions & Answers
1 Answer | Asked in Civil Litigation, Criminal Law, Family Law and Juvenile Law for Indiana on
Q: What laws are broken in the theft of a communication device creating a safety risk?

I live in Indiana, the device was taken from a minor and is used to ensure safety by making sure she can remain in contact with a parent when playing with a group of friends a short distance from home at a playground, about half a block away from home. A teenager has been taking it from her to... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Nov 19, 2020

Have you called the police about this?

1 Answer | Asked in Tax Law for Indiana on
Q: How can we go about finding a tax attorney that can help with personal business property tax overpayment not refunded?

We tried to recover by filing an amendment, however the county claims the dealine had passed.

Steven J. Fromm
Steven J. Fromm answered on Nov 19, 2020

Generally, time deadlines for tax assessment appeals are hard deadlines. So if you have missed this deadline you probably cannot contest an assessment for that closed year. However, you could contest for the next year. Finally, I am not a Indiana attorney, so to be sure of your rights to contest... Read more »

1 Answer | Asked in Agricultural Law for Indiana on
Q: Is it against the law to stop a person from using appliances while they are staying with you but has not paid us

We own the house and everything was verbal set up

Tim Akpinar
Tim Akpinar answered on Nov 18, 2020

An Indiana attorney could advise best, but your post remains open for four weeks. A landlord-tenant attorney might have better insight into this than an agricultural attorney. Not all posts are picked up, but you could try reposting under the L-T section. A verbal agreement in lieu of a written... Read more »

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Q: Who files a post conviction relief after an appeal is part affirmed, part reversed and remanded?

A friend of mine in prison in Indiana has an appeal that was part affirmed and part reversed and remanded. Who files for post conviction relief now? Him or an attorney?

Charles William Michaels
Charles William Michaels answered on Nov 16, 2020

First, I am not an Indiana lawyer. But the fact that the appellate decision is in part to reverse and remand the case, I think there is a task that the trial court must do, before a post-conviction appeal is filed--only after the original appeal has been concluded should a post-conviction appeal be... Read more »

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Q: Is a memorandum decision in Indiana court of appeal the same as an opinion?
Charles William Michaels
Charles William Michaels answered on Nov 16, 2020

First, I am not an Indiana lawyer. That being said, I think the answer to your question is "yes."

1 Answer | Asked in Civil Rights, Social Security and Family Law for Indiana on
Q: If i where to get married, and then in the future need to go on disability (due to health) would i be able to get ssdi

My partner may also have to get on it but we want to get married. Neither of us are currently on it . We live in Indiana but may move to Michigan or Wisconsin

Susan Michele Schaefer
Susan Michele Schaefer answered on Nov 15, 2020

Marriage does not affect SSDI. To be able to get SSDI, you would have to have worked long enough and recently enough to be fully insured. In most cases, you must have earned at least 20 credits during the last 10 years. You earn work credits and become insured for Social Security retirement, SSDI... Read more »

1 Answer | Asked in Immigration Law for Indiana on
Q: I have an urgent US immigration question.

I am a lawful permanent resident of the USA (green card holder) married to a US citizen. My husband is in America but I left America in October 2019 to visit family in the UK. I know that as an LPR I should not really have stayed out of the USA for over a year but due to covid and my own personal... Read more »

Amanda B Cook
Amanda B Cook answered on Nov 13, 2020

I agree with the lawyers who've told you to get on the plane.

1 Answer | Asked in Family Law for Indiana on
Q: I live in Hamilton county and if I file for child support does that include custody or is that another filing

I have been with the father of my children for 11 years, not married and we purchased a house 3 years ago with both of our names on it. He move out 2 mths ago and wants to take me to court for joint custody which I am assuming so he doesn't have to pay me child support. If I file for support,... Read more »

Troy Tyson
Troy Tyson answered on Nov 13, 2020

Most likely you would file for both custody and support, and the court would treat them as one. His chances of getting joint custody really depend on the specifics of your case. I would encourage you to speak directly with a family law attorney for a more detailed assessment.

I hope that helps.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Having a court order, who can put a child in school?

My boyfriend and his ex have a court order in place giving him joint legal custody and gives her full physical, within the order, he can use his parenting time by picking up the child Wednesday night and bringing her back Friday night. He got a call from the mother yesterday telling him that she... Read more »

Troy Tyson
Troy Tyson answered on Nov 13, 2020

If the parties share legal custody, then that means that both parents are entitled to participate in making decisions on things like schooling. She is required to speak to him first on those issues and allow him input, and she cannot make those decisions unilaterally.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: How does make up time work in Indiana?

If the custodial parent accepts extra curricular activities for the child like birthday parties etc can the non custodial parent ask for those hours lost in make up time?

Troy Tyson
Troy Tyson answered on Nov 13, 2020

If one parent has lost hours they were entitled to, most courts are very flexible in allowing the parent to make up those hours when they can. This is something you should try to work out with the other party rather than taking it to court. If you are talking about one instance of make-up time that... Read more »

1 Answer | Asked in Employment Law for Indiana on
Q: Can I be terminated while on Covid LOA?

I have been on Covid LOA since March. Today I received an email from Sedgwick (the company that takes care of all that) stating that my leave was closed because they were informed my employment ended (with Walmart) on 11/6/20. I wasn’t notified that this was going to happen or anything. Do I have... Read more »

Greg Mansell
Greg Mansell answered on Nov 11, 2020

You may have an argument that your continued leave was a reasonable accommodation under the Americans with Disabilities Act. You should contact an employment attorney in Indiana to go over the specifics of your leave and separation.

1 Answer | Asked in Criminal Law for Indiana on
Q: Can the police go though your phone on a traffic stop

I am on probation for a drug charge

Andrew L. Bennett
Andrew L. Bennett answered on Nov 9, 2020

Not without your consent or a search warrant

1 Answer | Asked in Criminal Law for Indiana on
Q: What should I do if a neighbor offered to store my car but when I went to get the car it was gone

I had checked with the neighbor several times on the car and he never said there was any problems he's also a mechanic and was supposed to fix the vehicles but never did he stated that his boss who owns a tow company took the car but he never towed, worked on, or stored my car

My... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Nov 9, 2020

If you can show proof of ownership, make a police report. You will then have to decide if you request criminal charges be filed or sue him in civil court.

1 Answer | Asked in Employment Law, Family Law and Child Custody for Indiana on
Q: My ex works second shift and as a result I exercise extended parenting time when he works. He now wants to make these ho

and he is asking to make up the hours he is missing as a result of his working. Can he do this?

Troy Tyson
Troy Tyson answered on Nov 3, 2020

Your question is broken up so it is not exactly clear what you are asking. However, if the two of you are exercising a different parenting time schedule than what was initially ordered, then you may want to consider requesting a modification from the court, to make the change official.

1 Answer | Asked in Child Custody for Indiana on
Q: I am the father of a child who lives in denver Colorado. I live in indiana. What state do u need to hire a lawyer in.

I want my child for half the year or even some of the year.

Troy Tyson
Troy Tyson answered on Nov 3, 2020

That depends on a variety of circumstances (e.g. is there a court order in place? Where does the mother reside? How long has the child been in CO?). However, based on the information you've provided, I would say it is a safer bet to seek out the assistance of a Colorado attorney for... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: I file a petition to waive reinstatement fees for driver's license and the response was they waived the filing fees

does that mean they waived the filing fee that it cost to file a petition or did they waive the reinstatement fees due to me being indigent

Andrew L. Bennett
Andrew L. Bennett answered on Nov 1, 2020

It sounds like the filing fees for filing the petition. However, after a hearing the court may waive the reinstatement fees as well.

1 Answer | Asked in Criminal Law for Indiana on
Q: Would I still be elg. for expungement after 5 yrs, if charged with a dui that was dism. through diversion program after?

Conviction was a non-violent misdemeanor

Andrew L. Bennett
Andrew L. Bennett answered on Nov 1, 2020

If the case was dismissed then you would be eligible for expungement after the case was dismissed and more than one year had passed since the offense date.

2 Answers | Asked in Criminal Law and Federal Crimes for Indiana on
Q: Is attempt robbery a violent crime in state of Indiana
Andrew L. Bennett
Andrew L. Bennett answered on Oct 29, 2020

Yes

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1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: Can my ex-wife keep me from seeing my kids all because she's upset with me and what can I do about it?

We have joint custody but she's the primary

Troy Tyson
Troy Tyson answered on Oct 29, 2020

She cannot see you from seeing your children if there is a court order that gives you the right to see them. If she is withholding them for an unjustified reason, you may want to consider taking her to court for contempt. You should speak with a family law attorney to get more information on your... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: I have a ten year old daughter and have custody. My ex just started a second shift job and as a result is not getting

His mid week visit. He wants to take it on my weekends. Doesn't first right of refusal apply? I keep getting hassled about it and am at the end of my rope. He was working first shift and got moved to second shift. He also does not keep a job longer than six months. I really need help. Thank you

Troy Tyson
Troy Tyson answered on Oct 29, 2020

He cannot force you to give up your weekends just because he started a new shift. The better way to handle this would be for him (or you) to request a modification of the custody order from the court, or for the two of you to simply work out an agreement to modify it on your own and then file that... Read more »

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