Arnold Law Office Richmond Indiana Family Law & Criminal Defense Lawyer 2026-06-01T15:31:43Z https://www.jtarnoldlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1103227/2023/05/cropped-Site-Graphic-32x32.jpg On Behalf of Arnold Law Office <![CDATA[Beyond the Form: The Hidden Details That Can Tank Your Indiana Expungement Petition]]> https://www.jtarnoldlaw.com/?p=47209 2025-12-10T12:57:17Z 2025-12-10T12:57:17Z Expunging a criminal record in Indiana may seem straightforward, but small mistakes can derail the petition and force a new waiting period. The form and instructions look simple, so many people assume filling them out is enough. In reality, careful preparation and not just the form determines the possibility of success under the "Second Chance Law," IC 35-38-9.

Financial gaps that trigger fast denials

Indiana court will deny a petition if the old case still shows any unpaid court costs. Apart from fines, this includes probation supervision fees, public defender balances and restitution. This does not even have to be a huge amount. Sometimes, even an unpaid one‑dollar amount can block your petition. Courts check their internal records to confirm that the file shows “paid in full” so expungement applicants and their lawyers should review all documents before filing to avoid an unexpected denial.

Timing traps tied to strict statutory wait periods

Indiana requires precise wait periods based on the type of record. Even a petition filed one day early triggers an immediate denial. An arrest requires a one‑year wait from the arrest date, misdemeanors require five years from the conviction date and Level 6 felonies require eight years from the conviction date. The petitioner also must remain free of new offenses for the entire waiting period. Careful review is necessary because each person’s record and timeline differ.

Eligibility limits that block entire petitions

Some offenses remain ineligible under Indiana Code law. Violent offenses, most sex offenses and specific deadly-weapon offenses bar expungement. Including even one ineligible conviction blocks the entire filing. A detailed eligibility check protects the petition from this problem and helps applicants understand what records they can target.

Procedural details that matter more than people expect

Indiana treats expungement like a civil lawsuit. That means the petition must list exact personal details, every case or cause number and filed in the correct county. Petitioners get only one lifetime chance to expunge a conviction, so accuracy is crucial. Before filing, the petitioner should speak with a lawyer with deep expungement experience to help them order a certified copy of criminal history and check the dates, any unpaid fees and whether they actually qualify.]]> by Arnold Law Office <![CDATA[Arnold Law Office Wins Reversal of Child Custody Order Before Indiana Court of Appeals]]> https://www.jtarnoldlaw.com/?p=46671 2023-05-26T16:15:51Z 2022-07-06T19:24:08Z Facts of the Case The now ten-year-old child who is the subject of this case lived with her father following her parents’ separation in 2015. However, in 2016, the child reported that she was being molested by her two older half-brothers in her father’s home. The brothers faced criminal charges and the child went to live with her mother. In February 2019, the child began residing with her grandmother and her mother signed documents that were intended to give the grandmother custody of the child. No court documents were filed, but the child continued to live with grandmother. Meanwhile, the child’s parents divorced, but could not agree about custody of the child. The trial court appointed a Court Appointed Special Advocate (CASA) for the child, who asked the court in February 2020 to schedule a hearing on parenting time. In March 2020, the grandmother filed a motion to intervene and a petition for third-party custody of the child. In June 2020, the parties reached a temporary agreement, under which the grandmother would have sole custody of the child, the child would continue in therapy, and the parents would have contact with the child subject to the therapist’s recommendations. The CASA made periodic reports to the court over the next few months, always recommending that the child remain in the grandmother’s custody, as per the agreements of the parents. In March 2021, the CASA issued her final report and asked that her appointment be terminated, which the court granted. However, only three months later, the child’s father filed a motion to modify custody alleging that the child remaining with her grandmother was no longer in her best interest. He requested that the court award him custody of the child. In August 2021, the court held a hearing on the father’s petition to modify custody without reappointing the CASA. The father indicated that he had not seen the child since May 2021, that he lived with his wife and three children, and that his two sons who had molested the child would never again reside with him. The grandmother testified that the child was thriving and that although she still had nightmares, her bedwetting had improved. The child no longer was in therapy, but still regularly saw the school counselor. In December 2021, the trial court granted custody of the child to her father, effective as of the end of the 2021-2022 school year. The court further ordered that until the custody order became effective, the father would have visitation roughly according to the Indiana Parenting Time Guidelines. After the child began residing with her father, the grandmother would have visitation with the child one weekend per month. Grandmother’s Appeal We filed an appeal on behalf of the grandmother. The Court of Appeals reviewed the trial court’s opinion to determine whether its findings were clearly erroneous, or whether the evidence supported the court’s findings, and the findings supported the court’s judgments. In family law cases, the Court of Appeals also noted the preference under Indiana law for giving deference to trial judges in family law matters. The Court of Appeals Decision Indiana Code § 31-17-2-21 states that a court may not modify a child custody order unless:
  • modification is in the best interests of the child; and
  • there is a substantial child in one (1) or more of the factors that the court may consider under [Indiana Code § 31-7-2-8] and, if applicable, [Indiana Code § 31-17-2-8.5].
Indiana Code § 31-17-2-8 provides that the trial court shall consider all relevant factors, including:
  • The age and sex of the child.
  • The wishes of the child’s parent or parents.
  • The wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) years of age.
  • The interaction and interrelationship of the child with:
    • The child’s parent or parents;
    • The child’s sibling; and
    • Any other person who may significantly affect the child’s best interests
  • The child’s adjustment to the child’s:
    • Home;
    • School;
  • The mental and physical health of all individuals involved.
  • Evidence of a pattern of domestic or family violence by either parent.
  • Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court shall consider the factors described in section 8.5(b) of this chapter.
  • A designation in a power of attorney of:
    • The child’s parent; or
    • A person found to be a de factor custodian of the parent
Once the parent established a change in one or more of the statutory factors, the third party, or the grandmother in this case, was required to prove by clear and convincing evidence “that the child’s best interests are substantially and significantly served by placement with another person.” The Court of Appeals noted that the trial court made no specific findings that modifying custody of the child to her father in this case was in the child’s best interests, or any findings as to the best interests of the child at all. Although the Court of Appeals assumed that the child’s father had met his minimal burden of showing a substantial change in one of the statutory factors, it also found that the grandmother had proven by clear and convincing evidence that the child’s best interests were served by remaining in her care. More specifically, the Court found that while in her father’s care, the child was molested. The child’s parents had allowed her to live with the grandmother for the past three years, and she had had minimal contact with her father during that time. Although her relationship with her father had improved and she no longer was as distressed at seeing him, it was undisputed that the father had not seen the child for at least three months at the time of the custody hearing. In fact, the trial court specifically found that “the parenting time between Father and child has been sporadic, and the child has spent little time at Father’s residence.” Meanwhile, in grandmother’s care, the child was doing well in school, had stopped bedwetting, and saw the school counselor. However, the child still was experiencing nightmares. Based on this evidence, the Court of Appeals found that the Union Circuit Court’s order granting the father’s petition to modify custody was in error. The Court of Appeals therefore reversed the trial court’s order, thereby restoring custody of the child to her grandmother. Call the Law Offices of Jeffrey T. Arnold for the Legal Representation You Need Getting legal advice from the outset of your child custody case can be critical to the outcome of your case. Learn more about the legal services that we can offer you, and work with us to find the best legal strategy to handle your legal situation. Contact Arnold Law Office today at 765-962-3344 or 866-958-5995 and schedule an appointment about your case.]]> by Arnold Law Office <![CDATA[2022 Changes to the Indiana Parenting Time Guidelines – Part II]]> https://www.jtarnoldlaw.com/?p=46667 2023-05-26T16:16:28Z 2022-06-28T19:15:40Z Indiana Parenting Time Guidelines (ITPG) went into effect on January 1, 2022. We previously discussed several of these changes, but some of the additional issues that the amended IPTG address include:
  • Parenting time during public health emergencies
  • Clarification on make-up parenting time
  • Addition of a section on shared parenting and removal of a section on parallel parenting
How Does a Public Health Emergency Affect Parenting Time Orders? The COVID-19 pandemic created various problems for families with children, and especially those with parenting time orders. Parents wondered whether to send their children for parenting time according to the regular schedule, how to best keep their children from infection, and how to work and provide childcare when schools were closed. These unanticipated issues led to many conflicts between parents about adjusting parenting time orders to meet these needs. Generally, the 2022 ITPG reinforce that court orders on custody, parenting time, and child support remain in full force and effect during a pandemic or any public health emergency. The ITPG also give some specific guidance for parents in this situation, such as:
  • Parents will continue to follow the school calendar for parenting time purposes, even if the school is closed due to a public health emergency.
  • Transportation shall follow the existing order, unless an Executive Order restricts such transportation.
  • Parents may temporarily modify their custody or parenting time agreements in writing, although those agreements must be filed with and approved by the court to be enforceable.
What Do the 2022 ITPG Say About Make-Up Parenting Time? During the COVID-19 pandemic and ensuing public health emergency, closed schools, quarantines, and illness also led to missed visitations and conflicts over making up that time. These disputes also led to a large backlog of contempt and modification requests related to parenting time filed in court. In response, the Indiana Supreme Court clarified the following issues concerning missed parenting time:
  • Parenting time that a parent misses due to circumstances beyond their control can be rescheduled. These circumstances might include mandatory work schedule changes, illness, or military obligations. However, poor planning and vacations are not circumstances beyond a parent’s control.
  • Make-up parenting time should occur as quickly as possible, but it should not:
    • Occur in blocks greater than three days at a time
    • Be exercised during holidays or special days
    • Be used to interfere with previously scheduled events
These clarifications to the ITPG are designed to help parents better navigate missed parenting time situations and understand when and how to make up parenting time, if needed. What is Shared Parenting and How Does It Work? The 2022 ITPG eliminates the parallel parenting plan model, which was designed for parents who have a history of poor cooperation and communication, in favor of a shared parenting plan model. Shared parenting plans are for parents who can work together to effective coparent their children. These plans generally involve deviations from the ITPG, in that the traditionally “noncustodial” parent has more parenting time than stated under the ITPG. This section lists various factors that help the court determine whether parents have the capacity to engage in a shared parenting plan. Some of these factors include:
  • The amount of joint work necessary to rear the child, with emphasis on the child’s age, temperament, and developmental needs
  • The ability of the child to benefit from shared parenting
  • Whether the parents are motivated by shared interests, rules, and agreements, or personal interests and a sense of fairness
  • Whether both parents show interest in raising the child
  • Whether both parents have a generally peaceful relationship with the child
  • How the parents traditionally have managed disagreements and conflict
The ITPG do not provide a model shared parenting plan, instead leaving those details for the parties to work out themselves. The goal is for parents to create a shared parenting plan that meets their family’s unique needs. Call Arnold Law Office to Talk with Us About Your Case The Indiana Parenting Time Guidelines are often a critical part of family law cases involving children. Therefore, it is important that you understand the changes to these Guidelines and how they might affect your situation. We can answer your questions and explain how these changes might impact your family. Contact Arnold Law Office at 765-962-3344 or 866-958-5995 and schedule an appointment with us today.]]> by Arnold Law Office <![CDATA[2022 Changes to the Indiana Parenting Time Guidelines – Part I]]> https://www.jtarnoldlaw.com/?p=46662 2023-05-26T16:16:17Z 2022-06-28T19:13:12Z Indiana Parenting Time Guidelines (ITPG) that took effect on January 1, 2022. This version of the IPTG will apply to new or modified parenting time orders that reference the IPTG that a court issues on or after January 1, 2022. Some of the major changes, which we will discuss in greater detail below, include:
  • Publication of an online calendar to help parents create a parenting time schedule for the year
  • Clarification on what a parent can and cannot do to restrict communication between the child and the other parent
  • Changes to reduce conflict during drop offs and pick ups for parenting time
  • Handling transportation to and from extracurricular activities
Do the 2022 Changes to the IPTG Change My Parenting Time Order? You should keep in mind that if your parenting time order references the IPTG and it was in effect before January 1, 2022, then your parenting time order follows the version of the IPTG that was in effect on the date that the court issued your order. In other words, the changes to the ITPG may not affect you if you already had a parenting time order in place as of January 1, 2022. Furthermore, changes to the ITPG alone does not constitute good cause to modify your existing parenting time order; you still must show that any requested modifications to your parenting time order are in the best interest of your child. Can I Restrict Communication Between My Child and Their Other Parent? The 2022 ITPG added or clarified various provisions concerning communications between children and their parents. Specifically, a parent must:
  • Not record communications between the child and the other parent
  • Relay to the child email and text messages from the other parent, in addition to telephone messages
Overall, the message from the Indiana Supreme Court is that while a parent certainly has the right to discipline a child in their care by restricting access to cell phones or other communication devices, they cannot restrict or limit communication between the child and the other parent. How Do the 2022 IPTG Affect Parenting Time Pick-Ups and Drop-Offs? The 2022 IPTG add two major comments designed to reduce conflict between parents when they are exchanging a child for the purposes of parenting time. First, parents are not to use the police station as a parenting time exchange location unless there is a protective order in effect or a history of repeated intimidation or violent acts between the parties. Furthermore, parents should refrain from bringing third parties to visitation exchanges, such as significant others or grandparents, who may cause or increase the level of conflict between the parents. Who is Responsible for Taking My Child to Extracurricular Activities? If a child has an extracurricular activity, the parent exercising parenting time at the time of the activity has the first opportunity to transport the child to the activity. However, for school activities, the parent exercising parenting time at the time of the activity has the responsibility to transport the child to the activity. Contact Arnold Law Office Today to Set Up an Appointment Indiana laws regularly change, and we keep up to date on those changes so that we can best serve you and your family. We are here to answer your questions, calm your concerns, and advocate for your interests in your legal matter. Contact Arnold Law Office at 765-962-3344 or 866-958-5995 and schedule a time to talk with us about your case.]]> by Arnold Law Office <![CDATA[Specialized Driving Privileges in Indiana in 2021 – Part I]]> https://www.jtarnoldlaw.com/?p=46660 2023-05-26T16:16:54Z 2021-06-29T21:07:30Z In a rural community like Wayne County, having a driver’s license is an absolute must. You generally need to be able to drive to get to work, transport your children, and get medical treatment. When you lose your driver’s license, the consequences as to your ability to support your family can be severe. If you have a driver’s license suspension due to a DUI or another reason, you may be eligible for a “specialized driving privilege,” which can allow you to legally drive on a limited basis. Eligibility for Specialized Driving Privileges You might be eligible for specialized driving privileges under Indiana Code § 9-30-16-3 if you had a valid driver’s license that was suspended when you were convicted of:
  • A crime for which operation of a motor vehicle is an element of the offense
  • Any criminal conviction for operating while intoxicated (OWI)
  • Any criminal conviction for boating while intoxicated
  • Committing an infraction for exceeding a worksite speed limit for the second time in one (1) year
You also might be eligible for specialized driving privileges if you have never held a valid Indiana driver’s license or you do not have a valid Indiana learner’s permit, but you were an Indiana resident when your license was suspended. However, you cannot get specialized driving privileges if:
  • You were previously granted specialized driving privileges and have more than one criminal conviction for OWI or a related offense, or for knowingly or intentionally violating condition imposed regarding the issuance of specialized driving privilege.
  • You were convicted of a crime that involves the element of causing the death of another person that involved the operation of a motor vehicle.
  • You have never lived in Indiana.
  • You refuse to submit to chemical testing when requested to do so by law enforcement officers, typically when you are suspected of OWI.
Getting Specialized Driving Privileges If you otherwise qualify for specialized driving privileges, you might be able to avoid a license suspension even before your criminal case is resolved. You could be able to continue driving for certain purposes if you get a specialized driving privilege in this situation. You generally must notify the court at your initial criminal court hearing that you intend to file a petition for specialized driving privileges. Once you notify the court of your intention, the court must stay your license suspension and will not submit your suspension to the Indiana Bureau of Motor Vehicles (BMV). The court will schedule your hearing on your petition for specialized driving privileges within 30 days of your initial hearing. You then have 10 days from the date of your initial hearing to file your petition for specialized driving privileges under I.C. 9-30-16-1. If you don’t file the petition within that timeframe, your license will be suspended. If you do file the petition within that timeframe, then your suspension will remain stayed by the court until a hearing is held on your petition and the court makes a decision on your request. Keeping Your Specialized Driving Privileges If the court grants your request for specialized driving privileges, it may place conditions on your privileges. For instance, the court could require that you only drive back and forth to your workplace, or that you only drive within a specific distance from your residence. The court also can require that you install an ignition interlock device on any vehicles that you drive, depending on the circumstances. If you have specialized driving privileges and you are convicted of knowingly or intentionally violating one or more of the conditions set by the court, the court can modify the conditions of or completely revoke your specialized driving privileges. You also must:
  • Maintain proof of insurance for the period in which you have specialized driving privileges
  • Carry a copy of the order granting specialized driving privileges with you at all times
  • Produce a copy of the order to law enforcement officers upon request
  • Carry a validly issued state identification card or driver’s license at all times
Don’t Hesitate to Call Us Today for the Representation that You Need Contact Arnold Law Office today at 765-962-3344 or 866-958-5995 to schedule an appointment to meet with Jeffrey T. Arnold about your case.]]> by Arnold Law Office <![CDATA[New Indiana Laws Go into Effect July 1, 2021]]> https://www.jtarnoldlaw.com/?p=46657 2023-05-26T16:14:07Z 2021-06-16T12:23:37Z Driver’s License Suspensions HEA 1199 changes various aspects of driver’s license suspensions in Indiana. License suspensions are a common penalty in DUI cases, among other types of criminal offenses. The goal of this legislation was to reduce license suspensions based on mostly economic reasons. Some of the relevant provisions of this law include:
  • Allowing individuals with license suspensions for failure to pay fees to reinstate their licenses if they get car insurance without paying a reinstatement fee. If they keep car insurance in place for six months, the suspension terminates.
  • Nonviolent offenders who have completed their prison sentences or are on probation or parole and enroll in job training or maintain consistent employment can have their license reinstatement fees temporarily waived. If they maintain this status for three years and don’t get any moving violations, the reinstatement fees are permanently waived.
  • The traffic amnesty program passed in 2020 is extended. This program allows individuals with suspended licenses for traffic fines from before January 1, 2019, to petition the court for reduced fines.
  • People with child support obligations enforced by the Title IV-D agency of the prosecutor’s office may have their driving privileges reinstated.
Defense to OWI SEA 201 adds a defense to I.C. 9-30-5-1, which makes operating a vehicle with a controlled substance listed in Schedule I or II or its metabolite in your blood a Class C misdemeanor. Under the newly revised law, if the person accused of this crime, it is defense that:
  • Consumed the controlled substance according to the valid prescription or order of a practitioner acting within the course of their professional practice, OR
  • The controlled substance is marijuana or a metabolite of marijuana,
  • The person was not intoxicated,
  • The person did not cause a traffic accident, AND
  • The substance was identified through chemical testing.
Under the previous version of this statute, it was illegal to operate a vehicle with any detectable level of THC or THC metabolites in your system, even if there was no evidence of impairment. Police Officers Under HEA 1006, law enforcement officers commit a Class A misdemeanor if they turn off a body-worn camera with the intent to conceal a criminal act. Expungement SEA 255 specifies that “criminal history providers” for the purposes of the expungement statute includes individuals or companies who regularly publish criminal history information on the Internet. This change requires these providers to periodically review their criminal history records for expunged convictions. Previously, this providers had no duty to remove expunged convictions from their Internet records, which could lead to prospective employers still being able to access expunged criminal records. Protective Orders If a person or a person on behalf of an unemancipated minor files a petition for a protective order, the court shall determine whether granting the order would impact the ability of a school corporation to provide in-person instruction for the person or the unemancipated minor. If the court determines that this type of impact exists, SEA 79 puts procedures in place to notify the school about the protective order. Penalties for Domestic Battery SEA 79 also enhances the offense for domestic battery to a Level 6 felony if the offense is committed against a family or household member:
  • Who has been issued a protection order that protects the family or household member from the person and the order was in effect at the time that the offense was committed, or
  • While a no-contact order that protects the family or household member from the person was in effect at the time that the offense was committed.
The charges for domestic battery also increase to a Level 5 felony offense if the offender has a prior conviction for strangulation against the same family or household member. Resisting Law Enforcement or Interfering with Public Safety Under HEA 1097, it is Level 5 felony offense if a person who uses a vehicle to resist law enforcement or interfere with public safety has a prior conviction for either offense that involved the use of a vehicle. Penalties Upon Sentencing Current law allows courts to suspend any part of a sentence of certain Level 2 and Level 3 felony convictions, including drug-related convictions. SEA 133, however, allows courts only to suspend that part of a sentence that is in excess of the minimum sentence for a person who has a prior unrelated felony conviction, other than a felony conviction involving marijuana, hashish, hash oil, or salvia divinorum. Call Us for an Appointment Today At Arnold Law Office, we keep up-to-date with all the new and revised laws that may affect you and your family. We can answer your questions about new and existing laws and how they may impact your legal case. Contact Arnold Law Office at 765-962-3344 or 866-958-5995 and schedule a time to talk with us about your case.]]> by Arnold Law Office <![CDATA[What to Do When You Get Arrested in Indiana]]> https://www.jtarnoldlaw.com/?p=46653 2025-05-07T14:34:49Z 2021-06-02T19:12:55Z Don’t Talk to Anyone but Your Lawyer The most important thing to remember at this point is NOT talk to anyone, including police officers, jail staff, or other inmates, about your arrest or your case. The less you say, the better. All too often, people say things during their arrests that prosecutors later use against them at trial. Even the smallest detail can lead to a risk of incriminating yourself. The best policy is for you to just not talk. Police officers may try to talk to you about your case on the way to the police station, while you’re waiting to be booked in, or while you are being processed. They may ask you questions to get information from you. Your only response should be that you want a lawyer. Even if you have to repeat yourself several times, you should make it clear that you are talking to no one but your lawyer. Post Bond if You Can When you are facing minor criminal charges, there likely already is a bond set in your case. If you have enough money with you or a family member can post bond for you, then you can pay the bond and get out of jail right away. If you don’t post bond, you will stay in jail, either until your initial court hearing, or until 48 hours have passed. After 48 hours are passed, you likely will be released on your own recognizance. This just means you are released without paying a bond, and it is a common occurrence for minor criminal charges. If your bond is high, your friends or family members may have to post a surety bond. This means that they would pay a certain amount to a bondsman, who then ensures that you show up in court as promised. Go to Your Initial Hearing The jail may give you a date and time to appear in court for an initial hearing when you are released or tell you to check with the court each day until they schedule a date and time. If you fail to appear at your initial hearing when scheduled, the judge will issue a warrant for your arrest. You also may face additional charges for failure to appear in a criminal case. You have the right to have an attorney with you at your initial hearing. In many cases, however, you might not have been able to get an attorney yet. In that case, here is some information you should know about your initial hearing. At your initial hearing, the judge will read the charges against you, review your legal rights, When the judge asks you to plead guilty or not guilty, you always should plead not guilty. You can always change your plea later, after you have gotten legal advice about your situation. The court also will set a bond in your case. This bond may be the same that you already paid, or a different amount. So, if you bonded out after your arrest, you might have to pay a higher bond to stay out of jail. If you didn’t pay a bond, but you were released on your own recognizance, then you will either need to pay the bond at that point., or you will go to jail. Contact Arnold Law Office for Advice Whenever you, a family member, or a friend are facing criminal charges, you need the advice that only a criminal defense lawyer can give you. The earlier you get legal advice in your criminal case, the better. Otherwise, you might incriminate yourself or waive important defenses by trying to handle a criminal case on your own. At Arnold Law Office, we know that getting advice right away about what to do in a criminal case can be crucial to a positive outcome in your case. Call us today to learn about your alternatives and decide how to proceed in your case. Call Arnold Law Office today at 765-962-3344 or 866-958-5995 and schedule an appointment about your case.  ]]> by Arnold Law Office <![CDATA[What to Expect When You Are Facing First-Time DUI Charges in Wayne County, Indiana]]> https://www.jtarnoldlaw.com/?p=46650 2025-05-07T14:39:03Z 2021-05-24T19:39:44Z DUI or OWI charges and penalties are the same statewide, every county court handles these charges a little bit differently. As a result, the procedures and penalties that you can expect when you are facing first time DUI charges can vary significantly from one county to another. Here is what you can expect when you are charged with a first-time DUI offense in Wayne County, Indiana. In Wayne County, you have two options for resolving an OWI charge:
  • Serve seven days in the Wayne County Jail, OR
  • Complete the “OWIP” or “Operating While Intoxicated Program,” which is a lengthy intensive treatment program at a local facility that provides rehabilitation services.
These are the ONLY options that the Wayne County court will accept for resolving a first-time OWI case. As a result, if you are facing DUI charges, you will have to make some hard decisions about which option will have the least impact on your life. Advantages and Disadvantages of Participating in OWIP For many people, getting a DUI is their first and only experience with the criminal justice system. As a result, you may assume that participating in OWIP is better than spending any time in jail. Depending on your circumstances, however, OWIP may not be the most beneficial choice for you. First, OWIP generally requires at least two hours of substance treatment per week for at least three months or 12 weeks. This is a substantial commitment, and if you fail to fully participate in the program as directed, you risk further sanctions from the court, including jail time. Second, OWIP comes at a cost. You must pay a $100 deposit to enter the program and $25 per week for 12 weeks to participate in the program. You also will need to bear the cost of traveling back and forth to the treatment program, which can be significant if you live in another county or state. Third, you will NOT have a valid driver’s license or specialized driving privileges while you are participating in OWIP. As a result, you will need reliable transportation to participate in OWIP each week. If you are employed or attending school, you also will need reliable transportation for those purposes during this 12-week period. If you live some distance from the treatment facility, your job, or your school, having no ability to drive for at least 12 weeks could place you in an impossible situation. This is a particular challenge for individuals who live in counties other than Wayne County, as the court will hold you to the same standards as residents of Wayne County. Finally, you will be on probation while you are attending the 12-week treatment program. Being on probation comes with its own costs, regularly reporting to a probation officer, being subject to random drug and alcohol testing, and other requirements. Choosing to Go to Jail on a DUI Charge Spending seven days in jail may not be enjoyable, for some people, it makes the most sense. If you need your license back as quickly as possible so that you can keep your job or remain enrolled in school, then it may make more sense to simply do the jail time. You can get your license reinstated or get specialized driving privileges much more quickly if you serve the jail time instead of participating in OWIP. You also likely will not be subject to any further penalties once you have completed your jail term. You may not have to worry about reporting to a probation officer or paying probation fees for the next 12 months. Specialized Driving Privileges A DUI charge typically results in automatic suspension of your license by the Bureau of Motor Vehicles (BMV). You can receive a license suspension of up to two years for a first-time OWI in Indiana. The only way that you can legally operate a motor vehicle while your license is suspended is by getting specialized driving privileges. As noted above, if you are participating in OWIP, you will not be eligible to ask for specialized driving privileges for at least 12 weeks, in addition to any time that has passed until the court sentences you to probation and OWIP participation. When you are facing DUI charges, you must request specialized driving privileges in the initial paperwork that you file with the court. Otherwise, you must wait until your DUI case is resolved to ask for specialized driving privileges, which can take months. This leaves you with no ability to drive for a potentially lengthy time period. Call the Law Offices of Jeffrey T. Arnold to Get the Advice You Need Getting prompt legal advice in a DUI case can be crucial to your driving privileges and the outcome of your case. Learn about your options when facing OWI charges in Wayne County, Indiana, and get help deciding which alternative is best for you and your family. Contact Arnold Law Office today at 765-962-3344 or 866-958-5995 and schedule an appointment about your case.    ]]> by Arnold Law Office <![CDATA[Dividing Property in an Indiana Divorce]]> https://www.jtarnoldlaw.com/?p=46632 2025-05-07T14:19:02Z 2021-05-13T21:24:37Z divorce is how to divide up property that either you, your spouse, or both of you have obtained during your marriage. Property does not only include homes and real estate, but it also includes bank accounts, retirement or investment accounts, personal property like furniture, motor vehicles, and anything of any value. Your divorce decree should state which spouse gets what property, whether you can reach an agreement with your spouse or the judge makes a decision after a court hearing. Property that the Court Can Divide in a Divorce Under Indiana Code § 31-15-7-4, the judge must divide all property that belongs to either or both parties during a divorce. The judge can divide property whether it is:
  • Owned by one spouse before the marriage,
  • Obtained by one spouse during the marriage and before the date of their separation, or
  • Obtained jointly by the spouses.
How the Court Decides Which Spouse Gets Property in a Divorce Indiana Code § 31-15-7-5 states that the judge must presume that equally dividing the marital property between the two spouses is fair and reasonable. However, there are some situations in which an equal (50/50) division might not be fair to one spouse. In that case, the spouse can present evidence to rebut the presumption of an equal division of property. In other words, the spouse can argue that he or she ought to receive more than 50% of the marital property, and the other spouse should receive less than 50% of the marital property. When a judge is deciding whether to divide the property equally or in a different way, he or she must consider the following factors:
  • How each spouse contributed to getting the property (even if the contribution was not by producing income to buy the property)
  • Whether a spouse received the property before the marriage or through an inheritance or a gift
  • The financial circumstances of each spouse at the time of divorce, including whether a spouse who has custody of the children should be able to stay in the marital home with the children for a specific period of time
  • Whether each spouse handled property appropriately during the marriage (such as if one spouse spent large sums of money on gambling)
  • The earnings or earning ability of each spouse related to the final division of property and a final determination of property rights
The judge also has to consider the tax consequences of property division on the financial circumstances of each spouse at the time of the divorce and in the future. If a spouse argues that an unequal division of property is fair based on the factors listed above, then the judge can decide that the spouse has “rebutted” the presumption of an equal division of the property. Therefore, the judge is not required to equally divide marital property if it is not fair to one spouse. Ways that the Court Can Divide Property in a Divorce A court can divide property in a divorce several different ways. For example, the court simply can divide the different items of property between the parties. The court also can order the parties to sell the property and divide the proceeds between them. Alternatively, the court also can allow one spouse to keep all or part of property, but also require that spouse to pay the other spouse a specific amount of money. This type of property division often happens with real estate. The court may order one spouse to keep the marital home, but it also require that spouse to pay the other spouse a certain amount of money that represents a portion of the equity or value of the home. Make an Appointment with Our Office Today When you are facing divorce proceedings, you likely are to have many questions about the property and assets that you and your spouse have accumulated during your marriage. We can answer those questions and give you a clear sense of what to expect in your divorce case. Contact Arnold Law Office by calling 765-962-3344 or 866-958-5995 and set up a time to meet with us about your case.    ]]> by Arnold Law Office <![CDATA[Divorce and Shared Parenting]]> https://www.jtarnoldlaw.com/?p=46629 2025-05-07T14:23:26Z 2021-04-28T21:12:27Z divorce is a relatively new concept that is gaining ground in courts in Indiana and other states across the nation. Instead of more traditional custody and visitation arrangements, many judges now are leaning toward co-parenting or shared parenting relationships. In this kind of arrangement, parties often have their children in their care for relatively equal amounts of time and cooperate to make decisions for the best interest of their children. Traditional Custody and Parenting Time Models Historically, one parent usually received custody of the children following a divorce, and the other parent had specified visitation. Under the Indiana Parenting Time Guidelines, the noncustodial parent generally has visitation every other weekend, one evening during the week, and for extended periods on holiday and school breaks. This traditional model often resulted in one parent, or the custodial parent, managing most of the children’s day-to-day lives, such as monitoring schoolwork, participating in extracurricular activities, and getting medical care for the children. As time has gone on, our society has increasingly changed to one in which most parents work outside the home and both parents play a greater role in their children’s developments and lives. Some time ago, the Indiana legislature replaced the concept of “visitation” with “parenting time,” to reinforce the concept that both parents provide a home and spend time with their children, rather than the children simply “visiting” the noncustodial parent. Shared Parenting: How It Works Shared parenting goes beyond using the term “parenting time” instead of “visitation.” In a shared parenting arrangement, the parents develop a shared parenting plan in which they decide how they will co-parent their children. Essentially, each parent provides a “home” for the children as they move between their parents’ residences. Shared parenting is increasingly being seen as the best way to safeguard a child from the trauma that a divorce often can bring about. Shared parenting arrangements do not necessarily mean that the children spend exactly the same amount of time with each parent (although that does occur in some cases). Instead, it means that parents are flexible in allowing one another to participate in their children’s lives, including medical appointments, school conferences, and social activities. Rather than feeling pulled between each parent, the children move seamlessly back and forth as their parents work together on all issues related to the children. Of course, not all parents are able to communicate or get along sufficiently to engage in shared parenting. Likewise, some parents are not willing or unable to be as involved in their children’s daily lives, which can make shared parenting challenging, if not impossible. Cases in which domestic violence, child abuse, or substance abuse has been a factor also likely are not suitable for a shared parenting arrangement. Shared Parenting Moving Forward The Domestic Relations Committee of the Judicial Conference of Indiana has proposed changes to the Indiana Parenting Time Guidelines that would incorporate shared parenting as an alternative to more traditional custody and visitation structure following a divorce. These proposed changes provide tools for judges to evaluate whether parents are well-suited to shared parenting. If parents are able to truly put the needs of their children first in developing a co-parenting relationship with each other, the court may be more likely to make shared parenting orders. Contact the Law Offices of Jeffrey T. Arnold for Assistance Navigating a divorce can be tough, and you likely are to have many questions along the way. At Arnold Law Office, we can help. Call us today at 765-962-3344 or 866-958-5995 and schedule a consultation with us about your case.]]>