The Indiana Civil Protective Order Act (“Act”) provides powerful relief to help ensure the safety of certain covered Hoosiers who find themselves in dangerous situations, such as a victim of domestic violence. Additionally, the Act covers certain minor children in harmful situations or individuals, such as from an abusive or drug-addicted parent. While protective orders issued under the Act are unique and powerful tools, they may be abused in cases by a petitioner’s false allegations and issued against a person who is not a threat to anyone. This blog looks at five things to know about protective orders so that you may ...
Tag: protective orders
May 18, 2020CD
The Indiana Civil Protective Order Act (“Act”) provides powerful relief to help ensure the safety of certain covered Hoosiers who find themselves in dangerous situations, such as a victim of domestic violence. Additionally, the Act covers certain minor children in harmful situations or individuals, such as from an abusive or drug-addicted parent. While protective orders issued under the Act are unique and powerful tools in that they can be granted ex parte,1 they may be abused in cases by a petitioner’s false allegations and issued against a person who is not a threat to anyone. This blog explores the purposes ...
September 17, 2018CD
Each year, thousands of protective orders are issued in cases involving certain domestic relationships. Some are tactical weapons to advance illicit objectives; most have merit. Protective orders may have profound implications for work and core civil liberties, such as the right to keep and bear arms. A proven violation can result in a fine, contempt of court charge, and criminal charge. While most of this is somewhat common knowledge now that the Indiana Civil Order Protection Act has been in force for a number of years, all laws are clearly evolving with the needs of the time. One question that is ...
August 17, 2017CD
Several years ago, the Indiana General Assembly passed a comprehensive civil protective order act. This legislation was aimed at addressing the problem of domestic violence within certain family units. Now, a version of this uniform act is adopted in virtually every state. There is a national depository where domestic protective orders are immediately placed online and available to law enforcement agencies throughout the United States. However, there is growing concern that these are abused by certain litigants in domestic cases, particularly contested divorce and paternity matters. This blog post covers a recent decision decided with the Court of Appeals1 that protective orders ...
May 18, 2017Adam Hayes
Through cases and statutes, criminal and civil trial courts have an array of tools under the general umbrella term of protective orders to assist with due process and justice—to protect people and property from injury or harm to their case. This blog explores four common types and their uses. The first is a “no contact order”. They typically are a term of release when one person has injured another or threatened such and may extend to victims and witnesses. How these come about is when there is a criminal charge and bond, a term of release for the defendant ordered by ...
March 2, 2017Adam Hayes
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 ...
March 8, 2016Adam Hayes
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
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
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