Under state and federal law, after a hearing, a person subject to an order of protection is Brady disqualified. The mechanism by which such an order may come to be issued is under the Indiana Civil Protective Order Act (ICPOA).
The ICPOA is generally limited to persons involved in domestic relationships. If applicable, and requested, a court may order a protective order to a protected person prevent domestic violence. Once issued and a hearing is conducted, the person under the order is Brady disqualified.
When Brady Disqualification occurs, he or she is no longer able to possess, carry or purchase firearms. Failure to comply with the order is a state and federal crime.
Given there is a law enforcement repository for these orders, and the orientation of our society to safety and security post-911, an order of protection may have greater implications for work, security clearances and the like. This is particularly the case with security personnel, police officers, or military personnel who carry firearms as a part of daily work duties.
At Ciyou & Dixon, P.C. we have handled cases on both sides of the continuum. From helping a battered spouse obtain an order of protection, to defending against them where the ICPOA did not apply or the fact did not support it. Inasmuch, if there is a valid defense, the person subject to the protective order should carefully this option.
In some criminal cases involving firearms, there may be an open question as to whether a given person is in possession of a firearm or used such in a crime. These cases range from illegal possession of a firearm by ...