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 the court is to have no contact with certain victims or witnesses to protect them as well as ensure that they are no influences for ultimate trial. For this reason, if you are charged, it is important to understand (get a clear understanding from your attorney) if a “no contact order” is a condition of bond or release in order to avoid violating it and being ordered to jail pending trial or resolution of the case.
The most common type of protective order is covered under the Indiana Civil Order Protection Act. The protective orders that may issue to keep a person from another, family or home are limited to those in domestic relationships. Generally, the focus of this Act is to limit or protect families at risk for domestic violence. Once issued, a protective order is placed into a national database and may be enforced by law enforcement officers throughout the country. In addition, violation of a protective order is a crime itself. Finally, after a hearing, if granted, a protective order prohibits the person against whom it is issued from possessing firearms (i.e., they are Brady Disqualified).
The third type of protective order is very broad and may issue in criminal or civil cases to prevent certain documents from being produced or limited. Generally, the protective order is requested by an attorney if the information is not reasonably calculated to lead to admissible evidence. These are fairly common in civil proceedings where a litigant literally asks for materials impossible to produce or unduly burdensome or not related to the case.
Finally, a protective order that is also common is an asset restraining order. These may be issued in civil cases to avoid a person or entity from disposing or transferring assets. The same type of rationale exists in criminal cases where a court may order someone alleged to have committed fraud to not transfer certain assets pending determination of the criminal case.
Dixon & Moseley, P.C. attorneys handle criminal and civil cases throughout the state and are versed in the and other types of “protective” measures to ensure justice and protect persons and property. This blog post is written for general informational purposes and is not intended to be a solicitation for services or legal advice. This is an advertisement and advertising material.