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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

ADVERTISEMENT