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IBA: Changes Announced Impacting Protective Order Registry

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By Kerry Hyatt Blomquist

Last month was “Domestic Violence Awareness Month.” Yeah, I know—it was also “Breast Cancer Awareness Month,” and while I am certainly not anti-anti breast cancer, I do at times wish the DV Movement had the PR momentum that the Breast Cancer Awareness folks do—the guy that changed my oil last month was in a pink jumpsuit for Lord’s sake.

Anyway… good things—great things—are happening in Indiana in the ongoing fight against Intimate Partner Violence. The Indiana Supreme Court recently announced that a quarter of a million dollar grant received from the US Department of Justice will be funneled into updates and modifications to Indiana’s Protective Order Registry. Starting as soon as early 2011, protective order petitioners could be notified via text or email that their orders have been served or that their orders are about to expire. This is so important because the most dangerous time for any victim of violence is when they do try to finally escape that violence. Knowing exactly when their abuser is notified is critical to their safety planning.

Another change coming down the pike: Protection Order forms will soon be available in Spanish, which of course will make the system more accessible to Spanish speaking survivors. This is an equal access to justice move that is long overdue and impossible to disagree with.

And finally, the Protective Order Registry will be accessible to advocates and other members of the public, which will allow advocates to continue to help survivors get the Orders for Protection designed to keep them safe. Best of all, those advocates can provide other resources and services to survivors at that time, be it safety planning, shelter options or counseling. And those same advocates can explain fully what can and (as importantly) CANNOT be done with a Protective Order, keeping abuse of process cases in check.

The Indiana Supreme Court and JTAC have been amazingly proactive and forward thinking in their commitment to the development of Indiana’s Protective Order Registry. This is great news for those of us on the front lines in the fight against domestic and intimate partner violence in Indiana. Next on the agenda—purple jumpsuits at Jiffy Lube next October. •
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Blomquist is Legal Director for the Indiana Coalition Against Domestic Violence and Co-Chair of the Indianapolis Bar Association’s Legislative Committee.

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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