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IBA: Online Protective Orders

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In the past, victims of domestic violence might find themselves standing in line at the clerk’s office waiting to file a petition, and in the midst of all the other public business happening there, would then have to explain intimate details about the situation to get the petition completed. This changed when Indiana launched its online system to petition for protection orders. For some time now those seeking assistance may do so in the security and privacy of an attorney’s or other advocate’s office while the petition is prepared and filed electronically. Only an original signature is needed on the papers filed with the court.

Because all protection orders in Indiana are to be filed electronically—as mandated in 2009 by the Indiana General Assembly—police officers and FBI agents in the field have access to the most current information about these orders. This includes identification of the protected party or parties, identification and description of the respondent, whether a firearm restriction was ordered, and other important details.

When an order of protection is granted, the petitioner is advised to keep a copy with them at all times. However, that may not always happen. Now that the information is available to law enforcement electronically, this means that if a protection order is filed in one county, and the petitioner travels to another county (or another state), or if it becomes necessary for them to seek police assistance, local officers can access the protection order information even if a copy is not readily available.

In addition to the courts and law enforcement having online access to protection order information, a protection order search is now available on the Indiana Supreme Court’s website. Information about the victim is not included in the online records, but information about the respondent and the order are. In addition, when filing a protection order, the petitioner can ask to be notified electronically—by text message and/or email—of events in the case, such as approval of the order by the court and service of the order on the respondent.

A full listing of advocates throughout Indiana may be found at the Indiana Supreme Court website, as well as more instructional information for clients.•

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  1. I have dealt with more than a few I-465 moat-protected government attorneys and even judges who just cannot seem to wrap their heads around the core of this 800 year old document. I guess monarchial privileges and powers corrupt still ..... from an academic website on this fantastic "treaty" between the King and the people ... "Enduring Principles of Liberty Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. There are two principles expressed in Magna Carta that resonate to this day: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." "To no one will We sell, to no one will We deny or delay, right or justice." Inspiration for Americans During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense. The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of Rights. The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property, without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings according to the "law of the land." http://www.archives.gov/exhibits/featured_documents/magna_carta/

  2. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  3. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  4. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  5. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

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