The issue of and statistics about domestic violence have received significant state and national attention over the last several years. Actual or threatened domestic violence may result in criminal charges with the right to remain silent or a civil domestic protective order. A civil domestic protective order is issued to attempt to stop threats or risk of harm to the person who petitions for it. Such an order may be granted without a hearing or after a hearing is set and the alleged perpetrator is given notice to attend. When a civil protective order is issued without a hearing based on ...
November 19, 2015Adam Hayes
Over the years, certain societal problems generate enough public awareness that a concentrated legislative and law enforcement focus begins. These ordinarily gain traction and more awareness by campaigns by various non-profit groups that fund such. Drinking and driving is perhaps the most obvious example. Within certain domestic relationships, there is higher than average violence rate and domestic violence is now a similar topic of similar intense social focus. Indiana passed into law the Indiana Civil Protection Order Act several years ago that has companion state statutes across the United States. These statutory provisions allow a person who alleges they have been a ...
October 8, 2015Adam Hayes
In response to domestic violence, the states have passed various acts to allow an alleged victim to seek almost immediate access to the courts and judges to review petitions for alleged physical and mental health abuse by a person he or she is involved in certain domestic relationships with. Upon reviewing the victim’s petition, the court may (1) deny it, (2) grant it, or (3) set the matter for hearing. This depends upon the nature and seriousness of the allegations. In the event the matter is granted ex parte (without a hearing), the person subject to it is restrained from the ...
July 29, 2015Adam Hayes
There are thousands of protective orders issued each year in the state of Indiana. But what do you do when you are the recipient of a protective order? If a protective order is issued “Exparte”, this means that the Court has issued a Protective Order (“PO”) without a hearing. This means that the protective order is in effect from the time of service of the PO and you have notice of it. Contact with a person that is prohibited by an Exparte PO could result in your arrest. Therefore, understanding what you can and cannot do, or where you cannot go, ...
May 5, 2015Adam Hayes
And Three Reason To Consider Court Challenge Our legal system and right to due process of law is the envy of the world. However, it and most all other similar legal systems are based on the notion a person will not lie under oath or penalty of perjury (which is a crime). Unfortunately, no system is fool proof and a few people who seek and obtain a protective order do so for illicit or tactical reasons—namely for their benefit not because they have been “victims” as the law anticipates. For this reason, it is important to understand that if you are wrongfully ...
April 9, 2015Adam Hayes
Over time certain major problems in our society achieve social awareness and the corresponding drive to pass criminal and/or civil laws to address the problem. Drinking and driving was a significant problem with much social concern just a few years ago. Now groups like MADD, have brought this matter to the attention and awareness of lawmakers and laws and penalties are much stricter. The general significance of violence, and in particular domestic violence, has created a vast legal toolbox of remedies for lawyers, police, and judges to utilize to keep an individual from threatening or injuring others in or society at ...
March 26, 2015Adam Hayes
A recent tragedy involved the murder-suicide of a married couple with the husband taking his wife’s life and then his own, leaving behind a 14 year old son1. After several disputes and altercations between the couple, the husband shot his wife in an intersection as she was going to visit a family member just a few blocks away. The wife had filed a protective order that morning, and had called to notify him of her filing. Under Indiana Civil Protective Order Act, the purpose of these laws in Indiana is for the protection and safety of all victims of domestic or ...
December 4, 2014CD
There are two (2) major types of Orders that a court could issue which would prevent contact of some kind with another person. It is important to know the differences to understand your rights, and relief available if the Order is violated, or the punishments/implications for violating an Order. Protective Orders, or POs, are a civil lawsuit used to protect a victim against a harasser or stalker. POs are civil lawsuits, which require an individual person to petition (ask) the court for relief. POs are in the nature of injunctive relief, which stops or seeks to prevent future behavior from occurring ...
November 20, 2014CD
Anytime you enter into the courtroom, and especially in domestic cases, a lot of otherwise private information becomes public (or before the court), because the court must consider the best interests of the children. Sometimes information comes out that leads to other types of civil or criminal actions, or inherently there is some relief a court must order if the court orders something else (one thing flows from the other). For example: 1. Child Support Modification. Child support modification can be brought as a separate issue all on its own, such as when the payor loses his or her job and income, ...
August 21, 2014CD
While not exclusive to family law and divorce matters, protective orders may be companion cases to family law, when one party feels threatened by the other. However, there are specific standards for why a protective order may be issued. Additionally, there is a public policy argument in support of protective orders, as they may prevent domestic violence or other harm between persons. Protective Orders fall under the purview of the Indiana Civil Protection Order Act (ICPOA)1. The ICPOA provides that a person who is or has been a victim of domestic or family violence may file a protective order against a ...
October 22, 2013CD