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
The Indiana Civil Order Protection Act focuses on rapid intervention where domestic violence occurs and/or stalking and/or certain sex offenses. This allows a trial court to review a petition alleging such offenses and issue an ex parte order (without a hearing based on the petition). As a general constitutional principle, due process requires a hearing with all parties present before a court issues an order such as this. To protect victims, and minimize abuse of the process, the policy of the “Indiana Civil Protection Order Act…aims to provide prompt resolutions to protective order petitions.” Thus when these are granted on an ...
July 16, 2015Adam Hayes
Over the course of time, state and federal government focuses on certain crimes or issues of legal importance to society. In the emotional context of domestic relationships where children are involved or with similar matters of the heart, domestic violence often goes unreported. For this reason, Indiana has a comprehensive system for those who are abused to obtain a protective order, commonly referred as the Indiana Civil Order Protection Act. Unfortunately, as with every other aspect of law and life, a small percentage of litigants abuse the process for illicit purposes. For example, a spouse may allege domestic violence to obtain ...
June 9, 2015Adam Hayes
Divorce attorneys all want to help every client or potential client meet their legal objective, which may range from a certain distribution of assets to specifics of custody. However, unlike most areas of law every seasoned family law attorney or judge will tell you emotion fuels divorce and a litigant often is in the best of time (freedom) and the worst of times (lower economic standard with two households) at the same time. Most litigants want to waive the white or checkered flag and have the divorce behind them. However, a small percentage of cases are “white” hot, meaning the case—maybe your ...
May 14, 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