Need for non-violent orders?

July 23, 2008
Back to TopCommentsE-mailPrintBookmark and Share
On Tuesday, tragedy struck in Indianapolis when a man allegedly murdered two people – his ex-wife and her boyfriend – and then reportedly turned the gun on himself. The man had a history of violence, according to police and news reports, and the ex-wife had a non-violent contact order against her ex-husband for past threats and violent action toward her, including the threat he would kill her and himself.

However, don’t all people essentially have a non-violent contact order for each other as part of a civilized society that seeks to punish those who hurt others unnecessarily? And legally, are these court orders even in line with Indiana Code 34-26-5, the Indiana Civil Protective Order Statute?

The legal director of the Indiana Coalition Against Domestic Violence raises these issues, adding the ICADV, along with attorneys at Baker & Daniels working pro bono, filed a notice of appeal for two such orders on Tuesday.

Considering the non-violent contact order didn’t prevent violence against a woman who had the foresight to file for a protective order, it could be said that it didn’t do anything, or at least it didn’t do enough to protect her this time. Some may also argue that all protective orders are just a piece of paper anyway, or may claim there are instances when people abuse the system when they file such orders without enough proof of an abusive or threatening situation.

But why would judges issue these so-called non-violent orders in at least two counties in Indiana – Marion and Lake? Is there a need to have the option of non-violent contact orders for certain circumstances, or not? We hope to get answers to these questions for a future article, and as always, welcome input from the legal community. Post comments about this issue here, or send an e-mail to rberfanger@ibj.com.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT