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
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
Protective Orders, or POs, are a civil lawsuit used to protect a victim against a harasser or stalker. POs are in the nature of injunctive relief. Essentially, it is a court order prohibiting certain behavior of the harasser or stalker, towards the victim. A PO is NOT a No Contact Order. Popular portrayal in movies and TV shows often indicate that a Protective Order requires someone to stay at least so many feet or yards away from the victim. However, in Indiana, this is not true. Protective Orders can be tailored to the facts and circumstances of the parties involved, ...
December 9, 2014CD
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