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 accused of family violence, a sex offense or stalking and have a protective order requested to be issued or issued against you, you should consult a lawyer and contemplate challenging this requested order. There are three key implications of a protective order against you under the Indiana Civil Order Protection Act.
- Brady Disqualification: Although the Indiana Civil Order Protection Act is an Indiana law (statute), a person subject to a domestic protective order, after being heard, may be Brady Disqualified. What this means is that this person, so long as the protective order exists, is prohibited from possessing firearms under state and federal law. The possession or purchase of a firearm is a state and federal criminal act.
- Supervised Parenting: By definition, a qualifying domestic relationship may involve minor children and child custody litigation. Often times the domestic abuse is the reason for the ensuing custody litigation (in the context of a paternity or divorce case). However, where the protective order is sought without a basis it may be used as a tactical weapon in such cases. This is because a parent subject to a protective order and/or domestic violence conviction may be ordered to have supervised parenting time with his or her child(ren). In addition, if the threat alleged is serious enough—it presents a risk of emotional or physical harm to the child—the parent may have parenting time supervised or stopped for a time.
- Loss/Impairment Employment: Other than generally looking at other applicants for employment that do not have “domestic” histories, a police officer, member of the military, or other person who must interact with firearms in the course of employment may lose his or her job if a protective order is issued. The reason for this is because he or she is unable to perform a basic function of the job—be around or to carry a firearm—because of the protective order as a matter of state or federal law.
If you have been wrongfully accused of facts and circumstances that result in a request for or actual ex parte protective order, you should consider these and other implications of such in the context of your personal and professional life. A domestic protective order can be life-changing if not properly addressed.
This blog is written for general educational purposes only by attorneys at Ciyou & Dixon, P.C. It is not specific legal advice or a solicitation for legal services. Ciyou & Dixon, P.C. attorneys practice defend protective orders throughout the State. We hope you find this blog informational.