Legal Question in Family Law in Indiana

Re: sexual abbuse

I will answer this twice ...once for family law which is a civil action and once as a criminal violation.

If you are askiing if a divorce can be reopened to present evidence then several principals appy. First, if you knew about the incident then it is what is called res judicata which means the thing has already been decided. If you elected not to present the evidence then you have waived any effect it might have had and cannot now bring it forth.

Second, if you did not know about the evidence and could not have known with due diligence or the other party committed fraud or otherwise covered it up, then the case may be reopened.

As far as the criminal side is concerned, if charges were filed against the defendant and witnesses were called at a trial on the matter before the dismissal occurred, then it cannot be refiled. However, if the case was dismissed prior to jeopardy attaching (the calling of witnesses) then it can be refiled so long as the statute of limitations has not expired. There is also a possibility of a Criminal Rule 4 violation. This rule deals with how long the State of Indiana has to actually have a trial on the merits. The rule is rather complicated and depends on the facts of each case. It is seldom effective in discharging a defendant.