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Dixon & Moseley | Attorneys At Law
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    • Alexander Moseley
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  5. A New Limit on Brad-Disqualification Under Indiana Civil Order Protection Act

A New Limit on Brad-Disqualification Under Indiana Civil Order Protection Act

On Behalf of Dixon & Moseley, P.C. | Dec 22, 2015 | Protective Order, Protective Orders

While it is common, after a hearing, for a trial court who finds the legal basis for a protective order to issue or to Brady-Disqualify a person from possessing firearms (or ammunition under federal law), a new case has limited Brady-Disqualification under the Act.

In a new case, the Indiana Court of Appeals determined that the reference “Brady disqualified” provision in the protection Act, refers to a protective order that “restrains such person from harassing, stalking, or threatening an intimate partner or child of such intimate partner.” Those in this class may be Brady disqualified.

This case made clear that individuals who may be subject to a protective order for stalking that is not an intimate partner is not covered by the Brady act. Thus, to the extent the trial court only relies on the Brady act and not Indiana’s protective order act, a person may not be Brady disqualified if he or she is not an intimate partner.1

This case demonstrates the technical nature of protective orders, which may impact the ability to possess firearms or ammunition or have a License to Carry a Handgun. If the right to keep and bear arms is one you identify with, any protective order request should be discussed with counsel of your choice. Protective orders can enhance certain crimes after issues, impact ability to work and otherwise substantially impact ordinary life.

We hope this blog post helps you become a more informed legal consumer and protect your right to keep and bear arms under the Second Amendment and Article I, Section 32 of the Indiana Constitution. This blog is not intended as a solicitation for representation and is not legal advice. Dixon & Moseley, P.C. advocates handle protective orders across the State of Indiana.

  • Fox v. Bonam, ___ N.E.3d ___ (Ind.Ct.App., Oct. 16, 2015).
  • What Is a Notice of Appeal in Indiana? A Guide to Starting an Indiana Appeal (2026)

    On Behalf of Dixon & Moseley, P.C. | Aug 6, 2026 | Appellate Practice

    An Indiana appellate lawyer's guide to Notices of Appeal, Indiana Appellate Rule 9, filing deadlines, and the first step in the appellate process. Quick Answer: What Is a Notice of Appeal in Indiana? A Notice of Appeal is the document that formally starts an appeal in...

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    On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

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    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

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    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

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    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

    Failure to Object: When Is an Issue Waived?

    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

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    Recent Posts

    • What Is a Notice of Appeal in Indiana? A Guide to Starting an Indiana Appeal (2026)
    • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

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