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 ... Read More