The Doctrine of Unintended or Unknown Consequences
Throughout the United States, including Indiana, there is a relatively uniform system in place to allow certain parties in domestic relationships to obtain an ex parte (without notice to the other party) protective order. There is a specific, short time to challenge this order if granted or may stand for up to two years. In daily life, many persons who are served with POs do not challenge them because of the stress and a variety of other reasons.
However, you should be aware of a number of unintended or unknown consequences to having a domestic ... Read More
Tag: challenge
08
Mar2016
21
Oct2015
After a massive police shoot out with a mentally ill person, Indiana passed a law that allows police officers to confiscate firearms from a person they think is a “dangerous person.” This usually occurs because of a police 911 call. If your firearms are sized in that way, you are entitled to a hearing in a short time to determine if you are a “dangerous person” and if your firearms may be retained.
At the first hearing, the burden is on the State to prove this. This means the prosecutor or attorney for the state must prove you are a dangerous ... Read More
08
Oct2015
What Is a Civil Protective Order and When and Why to Consider Challenging or “Fighting” It in Court?
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 ... Read More