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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. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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