Q: What is Legal Volunteers?

A: Legal Volunteers is the pro bono referral program for Indiana Judicial District 14.  Each judicial district has a program utilizing volunteer lawyers to offer assistance to low income programs.  We are not allowed to have attorneys on staff and therefore cannot react quickly to legal needs.

Q: What does “pro bono” mean?

“Pro bono (publico)” means “for the good of the people” and refers to professional services that are offered free of charge to those meeting certain guidelines.  While the attorneys do not charge for their legal services, other expenses must be borne by the client or the referring program.

Q: What kinds of cases can you help with?

A: See our policies and guidelines.

Q: What about criminal cases?

A: Neither the pro bono programs nor Indiana Legal Services accept cases of a criminal nature; these are the responsibility of the prosecutor, and the courts maintain a pool of attorneys to serve as public defenders.

Q: What does “pro se” mean?

A: The term “pro se” literally means “do it yourself”.  The section of the state website devoted to pro se calls it the “Self Service Center”, and it contains forms to use in certain circumstances.   You can get a divorce pro se, but it is not a good idea if there are children.  You cannot modify custody pro se, nor can you file a paternity case.

Q: What does “paternity” mean in the legal sense?

A: A paternity case is like a divorce without the marriage.  If the prosecutor files it, he/she is representing the state of Indiana in working to get support for the child.  If a private attorney files on your behalf, the court will establish custodial rights (generally assumed to be the mother unless there is a good reason otherwise), support, and parenting time.

Q: What are the main issues in a divorce?

A: If there are children, the main issues are custody, support, and parenting time.  The commonly held idea that support and parenting time are tied together is not true in a legal sense.  The non-custodial parent has the duty to pay sufficient support so that the lifestyle the child had when the parents were married is continued.  He or she has the right and the responsibility to parent that child, according to the state Parenting Time Guidelines.  The non-payment of support is not a reason to withhold parenting time.  The couple’s assets, if any, must also be allocated between them.

Q: What is the difference between legal custody and physical custody?

A: Legal Custody has nothing to do with who has the child day to day; it is the decision-making process on three issues involving the child: health, education, and religion.  Joint legal custody simply means that both parents have the responsibility to agree on these issues.  Physical custody defines who has the child for primary daily responsibility; the non-custodial parent has the right to guideline parenting time unless other arrangements are made by mutual agreement.

Q: I lost my job and can’t pay that much support any more.

A: There are several pro se forms for modifying support; one deals with a change in your income level.

Q: I need to file for bankruptcy; can you help?

A: Unfortunately, since the Bankruptcy rules were changed recently, we do not have any attorneys who will do these pro bono.  We are working to develop a pool of attorneys who will each take one or two cases a year for a reduced fee.

Q: What about Landlord/Tenant issues?

A: We do have a few attorneys who will assist with these matters. 

Q: How do I get a protective order?

A: Apply for a protective order at any county clerk’s office.  You must have a relationship with the person you are naming on the PO, and you must have a good reason to apply.  If you are covering your children in your application, a hearing is required; if you are not covering children, you may or may not have a hearing, depending on the local rules.  A PO is enforceable anywhere; therefore, always carry it with you.