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 large. This blog post summarizes some of those tools, which may be granted by a trial court in emergencies without a hearing:
Criminal “No Contact” Orders. With serious felonies to misdemeanors involving harm to an individual or threat of harm, it is routine for a criminal court to order a defendant to have no contact with the “victim” even before proven guilty, since the is probable cause the crime occurred. This no contact order and/or a conviction for a felony or misdemeanor crime of domestic violence will Brady disqualify the person and he or she may not possess firearms. This applies in criminal cases.
Trial 65 Injunctions. The broadest tool available to civil trial courts (not criminal cases) is a trial rule that allows a preliminary injunction (to stop someone from doing something) to a permanent restraining order to stop such action on a permanent basis. This is somewhat of a general catch all provision found in the Indiana Rules of Trial Procedure adopted by the Indiana Supreme Court for all trial courts across Indiana to utilize. This provision may provide relief to a person or victim where there is not more specific criminal or civil provisions available.
Domestic Protective Orders: In the civil arena, the Indiana Civil Order Protective Act (“ICPOA”) is a provision of statutory law that is adopted in most states and applies to persons (adults and children) involved in relationships with domestic elements (such as husband and wife or boyfriend/girlfriend), past or present.. The benefit of this is it allows a protective order to be put into a computerized database available to law enforcement officers across the state and country. Thus, a protected person and/or his/her family can be assured that this protection exists across the United States, and is not just known to a handful of people involved in the case.
Stalking and Sex Abuse Protective Orders: Under the ICPOA, but not limited to those individuals who are classified as being in a domestic relationship, is protection for persons being stalked or sexually abused in addition to any relief a criminal court may impose. That is, despite not being in a former or current relationship, a court may use these tools under the ICPOA to protect persons in these categories—getting this onto a national database almost as soon as the protective order is issued.
The domestic and stalking and sexual abuse protective orders issues in Indiana remains around 30,000 annually. There are also provisions for workplace protective orders.
This blog is written for general educational purposes only by attorneys at Dixon & Moseley, P.C. It is not specific legal advice or a solicitation for legal services. Dixon & Moseley, P.C. attorneys practice throughout the State and handle simple to complex divorce and post-divorce matter. We hope you find this blog informational.
