Need for non-violent orders?

July 23, 2008
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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.
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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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