The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
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…
Protective Orders are powerful tools in the legal sphere. Protective Orders can be used to help ensure the safety of individuals in dangerous situations, such as victims of domestic violence. Additionally, Protective Orders can also be used to protect minor children from harmful situations or individuals, such as abusive or drug addicted parents. While Protective Orders are a powerful tool…
In 2012, the Indiana Legislature passed the Indiana Civil Protection Order Act.1 This Act allows a person who alleges that he or she is the victim of domestic and/or family violence, stalking, and/or a sex offense to ask an Indiana civil (trial) court to order the alleged offender to stop doing those acts by issuing an order that may result…
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…
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…
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…
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…
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…
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…
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…