what court system do i need to file under to take my ex attorney to court in northwest indiana

Can I go to court without an attorney in Indiana?

The Indiana Supreme Court recommends against your attempting to proceed in court without the representation of a lawyer. The Court also recognizes the fact that in some instances people choose not to hire an attorney or cannot afford to hire one.

Do individuals file criminal charges in district courts?

Individuals do not file criminal charges in U.S. district courts. A criminal proceeding is initiated by the government, usually through the U.S. attorney's office in coordination with a law enforcement agency.

How do I file a criminal case?

How do I file a criminal case? Individuals do not file criminal charges in U.S. district courts. A criminal proceeding is initiated by the government, usually through the U.S. attorney's office in coordination with a law enforcement agency.

Can I take my case to court without an attorney?

Unless you are going to Small Claims Court without an attorney, if you are taking this case to court to save money or get a big payoff, it won't happen. A good example is taking a non-compete agreement case to court.

How do I petition the court?

Most states have sample petition forms that you can fill in online. If your state does not have forms available online, you may be able to get the forms by asking the court clerk in the courthouse where you want to file your petition.

What are fathers rights in Indiana?

The fathers' rights in Indiana include his rights to custody, whether legal and/or physical, and his rights to parenting time (visitation) with the child. Likewise, the father has responsibilities which include, but are not limited to, child support.

At what age can a child refuse visitation in Indiana?

14 years oldIn Indiana, a child's wishes regarding custody are not controlling until the child is at least 14 years old, to help minimize any undue influence from a parent.

What does contempt of court mean in Indiana?

Indiana Laws on Contempt of Court Direct: The person states in court that he or she will not comply with the court order. Indirect: The person refuses to comply with the court order.

How long does a father have to be absent to lose his rights in Indiana?

six monthsIn other words, a custodial or non-custodial parent may be said to have abandoned or deserted a child. Pursuant to Indiana Code § 31-19-9-8(a)(1), the period of abandonment must last for at least six months immediately preceding the filing of a petition for adoption.

Can a father take a child away from the mother in Indiana?

Basically, whoever has the child can keep the child. However, if the other parent gets the child for some reason (such as a visit) then that parent can keep the child. Each parent has equal custody rights until a court issues a custody order.

What can be used against you in a custody battle?

The Reigning King of What Can Be Used Against You in a Custody Battle: Verbal or Physical Altercations. We wanted to start with the most simple pitfall to avoid: When tempers get high, it's quite alluring to get into a verbal sparring match with your ex-spouse.

At what age can a child refuse to see a parent?

Age 18Legally, Your Child Can Refuse Visitation at Age 18 When your child reaches 18, he or she is an adult. Adults can decide who they spend time with. You will not be able to force your child to continue to see you. A family law court will no longer be able to enforce any possession or visitation clauses over an adult.

What rights does the non custodial parent have in Indiana?

Indiana parental rights allow a noncustodial parent the first opportunity to provide child care if the custodial parent is unable to provide care for the child for some reason, like work. However, if the noncustodial parent provides childcare he or she can't charge for the childcare.

What is the punishment of contempt of court?

(1) Save as otherwise expressly provided in this Act or in any other law, a contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both: —(1) Save as otherwise expressly provided in this Act or in any other law, ...

What is not considered contempt of court?

—(1) A person shall not be guilty of contempt of court on the ground that he has published (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) any matter which interferes or tends to interfere with, or obstructs or tends to obstruct, the course of justice in connection with ...

What is inherent contempt?

Inherent contempt Concerned with the time-consuming nature of a contempt proceeding and the inability to extend punishment further than the session of the Congress concerned (under Supreme Court rulings), Congress created a statutory process in 1857.

What is the preponderance of evidence in a civil case?

In civil lawsuits, the preponderance of evidence means that evidence is not weighed on the amount of evidence, but on how accurate and convincing the evidence presented by each party is . Civil litigation isn't always in front of a jury, as in criminal cases. A bench trial in front of a judge is common. This changes the dynamic of the situation ...

What is civil litigation?

Civil litigation is between two parties in which one party is claimed to have injured another, and it's the kind of litigation most businesses will be involved in. Criminal law is the government prosecuting a crime against society.

Why do people sue others?

There are a multitude of reasons people want to sue others, such as money owed, damage to your property or your business reputation , or because of some sort of accident, among others. Before you decide to take someone to court, there are some basic facts about civil litigation you should know. 1. This Isn't Law & Order.

What is bench trial?

A bench trial in front of a judge is common. This changes the dynamic of the situation drastically. The types of civil lawsuits businesses may be involved in can be: Employment lawsuits, in which an employee is suing a business, Insurance lawsuits, in which cases may be (and are) settled out of court,

What happens when an insurance case is referred to an attorney?

If the case relates to insurance, the insurance company will do everything it can to keep the case out of court.

What is an insurance lawsuit?

Insurance lawsuits, in which cases may be (and are) settled out of court, Small claims cases or other cases where one party owes money to the other, Breach of contract cases, in which two parties had an agreement that one party doesn't abide by. 2. You Never Know How a Case Will Turn Out.

Can a lawyer make a case?

A good litigation attorney can make or break a case. Every case is different, even if it's the same type of case. 3. You Can't Force Someone to Pay. In civil lawsuits, particularly in Small Claims Court, you can get a judgment by the Court for money owed you, but you may have great difficulty collecting the money.

What happens if my ex is in contempt of court?

Often, if your ex is indeed in contempt, the court may also force your ex to pay the cost of your attorney to bring this matter back into court (assuming that your ex has the ability to pay given that he hasn't paid the bills that were already ordered). More. 1 found this answer helpful. found this helpful.

Do I need an attorney for appendix removal?

You do not need an attorney, but I would strongly recommend one. Your chances of coming out on top are affected by rules of evidence, rules of procedure, caselaw, understanding of navigation within your local legal system, and general legal knowledge. A proper analogy would be to ask where to find a medical dissertation of appendix removal and, having read it, attempting to perform the surgery yourself.

What is a complaint in forma pauperis?

Complaints may be accompanied by an application to proceed in forma pauperis, meaning that the plaintiff is incapable of paying the filing fee. Proceedings in forma pauperis are governed by Title 28, U.S. Code, Section 1915.

What is Chapter 7 bankruptcy?

Chapter 7, by far the most common form filed by individuals, involves an almost complete liquidation of the assets of the debtor, as well as a discharge of most debts. See Bankruptcy Basics .

What are the basic considerations in making assignments?

The basic considerations in making assignments are to assure equitable distribution of caseloads and avoid judge shopping. By statute, the chief judge of each district court has the responsibility to enforce the court's rules and orders on case assignments. Each court has a written plan or system for assigning cases.

Why are court cases delayed?

Cases may be delayed because settlement negotiations are in progress. Some courts also experience shortages in judges or available courtrooms.

How much does it cost to file a civil action in a district court?

Parties instituting a civil action in a district court are required to pay a filing fee pursuant to Title 28, U.S. Code, Section 1914. The current fee is $350.

What is the clerk's office?

As the keeper of court records, the clerk's office responds to most inquiries on the status of a case once given the specific case name or docket number. In many courts, inquiries for information and requests to examine dockets, case files, exhibits, and other records are made at the intake area in the clerk's office.

What is the telephone system in bankruptcy?

In many bankruptcy and appellate courts there also are telephone information systems, which enable callers to obtain basic case information through the use of a touch tone phone. These systems are provided free of charge, are available 24 hours a day, and have a toll free number for long distance service.

What is subject matter jurisdiction?

Subject matter jurisdiction means the court is allowed to interpret the particular laws that apply and has an interest in governing disputes of that nature. Personal jurisdiction means ...

What is the court system?

The court system is broadly grouped into federal and state courts , but there are more distinctions. For example, there is a federal court devoted just to bankruptcy and other federal courts that handle things like civil rights disputes or tax problems.

Can I sue someone in a different state?

In many cases, there may be a few different courts in which you may file your lawsuit. For example, if you are suing a person from a different state and there is more than $10,000 at stake, you could sue in state court or you could sue in federal court based on something called diversity jurisdiction. In other cases, you may only have the option of ...

Can you sue in one court?

In other cases, you may only have the option of having the matter dealt with in one court. For example, if you are suing for divorce, you need to sue in the family court in the location where you are both residents. Making a decision on what court you should sue in is usually a fairly legally complex choice. You want the court that not only has the ...

Where did John C. Smith get his J.D.?

He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer... It’s all about you. We want to help you make the right legal decisions.

Maybe I do need a lawyer after all

If at any point you decide you need to seek help from an attorney—whether you just want to have your forms reviewed, have a phone conversation, or have a lawyer take over your case—there are many resources available to you. In fact, depending on your circumstances, you may even be eligible for low-cost or no cost legal aid.

Can the court staff assist me with my case?

The Court, including the judge, the clerk, and all court staff, must remain impartial. This means that they cannot take sides in any matter coming before the court. They will give the same types of information to persons on both sides of a case, but they cannot provide legal advice. Information you provide to staff is not confidential.

Learn more about the court system

Whether you are filing a case in a trial court or appealing a case that has already been decided, it is a good idea to learn more about how Indiana's courts work. Learn more about Indiana's court system or review our glossary of legal terms.

Preparing for Court

In Indiana, the Courts are open to each and every person. Although there is no requirement that a person have a lawyer to go to Court, you are encouraged to see a lawyer to make sure you know your rights and all your legal options and to get the best result possible in your case. If you represent yourself, you must be prepared.

How long do you have to file a small claim in Texas?

As with other legal actions, small claims are subject to a statute of limitations. This means you must file your claim within a certain period after the alleged incident occurred. Texas has a two-year statute of limitations for small claims, while Massachusetts allows small claims within three years of the alleged incident.

How much does a California claim cost?

California: $10,000 (but plaintiff may not file a claim in excess of $2,500 more than twice a year) Michigan: $3,000. New York: $5,000. Pennsylvania: $12,000. Texas: $10,000. Most claimants represent themselves and some states and/or counties prohibit lawyers, so check your local court's rules if you wish to be represented by an attorney.

What is a small claims court called?

While all states have small claims courts, they sometimes are called "magistrate court," "justice of the peace court," or "pro se court.".

How long does it take to answer a small claims lawsuit in Arizona?

In Arizona, for example, defendants have 20 days to answer a plaintiff's complaint. Since rules vary from state to state, and sometimes among different counties, make sure you check your local court procedures before pursuing a small claims court lawsuit.

Where do you file a lawsuit?

States differ, but usually you must file your suit in the county in which the defendant resides. Often, you will be charged a filing fee. Once you file the complaint ...

How long do you have to wait to get your sentence expunged?

In most cases, you must wait five years after your sentence is served. All fines and fees must be paid. Sometimes, you can file for expungement after 4 years. You can expunge no more than one indictable conviction and up to three disorderly persons offenses or petty disorderly persons offenses.

What is an expungement in court?

An expungement is the removal, sealing, impounding, or isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency. A court-ordered expungement can remove the following information:

Can a drug court be expunged?

The court can order an immediate expungement if a case is dismissed or the defendant is acquitted and found not guilty on all counts. Drug Court Expungement - N.J.S.A. 2C:35-14 (m) The court can order the drug court expungement when you graduate from drug court.

Can you translate the New Jersey Judiciary website?

The Website of the State of New Jersey Judiciary (Judiciary) may be translated for your convenience using software powered by Google Translate, a free online language translation service that can translate text and web pages into different languages.

When will OCA no longer mail blue receipts?

Note: Effective October 20, 2020, OCA will no longer mail blue receipts for biennial attorney registration filings and changes of address to attorneys. Instead, attorneys may print these attorney registration receipts at any time via their Online Services account.

How long is the biennial period?

Each biennial period runs for the 24-month period from birthday to birthday: If your date of admission was in 1982, or any year prior to 1982, you were required to register during this first biennial period, and in each subsequent even year thereafter (1984-85, 1986-87, 1988-89...).

What is a good standing certificate?

A Certificate of Good Standing attests that an attorney was licensed and admitted to practice in the courts of this state on a given date, is currently registered with the Office of Court Administration (OCA), and is in "good standing," that is, the attorney is not currently suspended or disbarred.

How long does it take to change your attorney's name?

Changes to an attorney’s registration information (address, phone number, or any other information with the exception of a name change) must be filed with the Office of Court Administration within 30 days of the change. Changes will not be accepted over the phone.

What does it mean to be retired from law?

An attorney is "retired" from the practice of law when, other than the performance of legal services without compensation, he or she does not practice law in any respect and does not intend ever to engage in acts that constitute the practice of law, in the State of New York or elsewhere.

Do you have to pay a biennial registration fee in New York?

If you are engaged in the active practice of law in New York or elsewhere, and cannot certify that you are retired pursuant to Part 11 8.1 (g), then you are required to pay the biennial registration fee (s).

Is New York an inactive state?

New York does not have an "inactive" status. All duly-admitted New York attorneys are required to file the biennial registration form, either with payment of the $375.00 fee, or with a certification of retirement.

What does a GAL do?

In cases where the parties are unable to agree on a parenting plan or there is a child related dispute, the court may order a GAL to independently represent the best interests of the child. The GAL does not represent the mother, father or any other party in the case.

What is a Guardian Ad Litem?

A guardian ad litem, often referred to as a GAL, is an individual the court appoints, either upon motion of a party or when the court determines a GAL is necessary. The court will consider the appointment of a GAL if the parties are unable to resolve a parenting or child related dispute.

What happens if a GAL is removed from a family court case?

If a party believes that a GAL has acted improperly in a family case, he or she can file a motion to ask the court to remove the GAL from the case. After the motion is filed, the court may refer the motion to the Family Services Unit of the court.

What is an AMC in Connecticut?

An AMC is bound by the Rules of Professional Conduct governing attorneys in Connect icut. The client, however, is not either of the parents, but the child. The AMC�s duty is to the child, and the parents should not expect the AMC to advocate or argue on their behalf. 5.

What is a court service center?

Court Service Centers are self-help centers that provide services for self-represented parties and others. They are staffed by Judicial Branch employees and some Court Service Centers have bilingual staff. There are also a number of Judicial Branch Publications about Family Matters.

Who is eligible to be an AMC?

Only an attorney who has completed the comprehensive training program required by Practice Book Section 25-62, which is sponsored by the Judicial Branch, is eligible to be an AMC. The AMC cannot be the same attorney that is representing either of the parents. 3.

Who decides the matter of family support?

Who decides family matters? Judges decide most family matters. However, if a paternity or support case is brought under Title IV-D of the Social Security Act, or a party to the case signs up for IV-D services for the collection or enforcement of child support, a family support magistrate would decide the matter.