domestic violence

Court upholds finding man committed crime of domestic violence

December 22, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed the finding that a defendant committed a crime of domestic violence, which then made it illegal for him to possess a firearm in the future. The judges determined there was enough evidence to support the finding that the defendant and the victim were in a dating relationship, a key element in the charge.
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Lawmakers finalizing post-Barnes legislation proposals

October 21, 2011
Michael Hoskins
A legislative study committee is about a week away from finalizing its proposals to clarify state law and allow for Indiana residents to use reasonable force to resist police entry into their homes in all but domestic violence and certain emergency situations.
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COA: Judge erred in giving jury instruction

October 13, 2011
Jennifer Nelson
A Jefferson Superior judge erred in giving a jury an instruction on a lesser included offense of domestic battery because there wasn’t a serious evidentiary dispute about whether the battery was committed in the presence of children, the Indiana Court of Appeals held Thursday.
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COA: Court erred in admitting probable cause affidavit

October 5, 2011
Jennifer Nelson
A trial court should not have admitted a probable cause affidavit that contained multiple layers of hearsay at a probation revocation hearing, the Indiana Court of Appeals concluded Wednesday.
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Court of Appeals dismisses termination-order appeal

June 28, 2011
Jennifer Nelson
Because the parents of six children who were removed from their home did not timely initiate the appeal of termination of their parental rights, the Indiana Court of Appeals dismissed their appeal.
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Justices rule: No right to resist

June 8, 2011
Michael Hoskins
The Indiana Supreme Court caught many people off guard when it abolished the common law right of citizens to reasonably resist police from entering their homes, no matter the situation and regardless of whether the entry is legal.
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Protective Order Pro Bono Project offers training

March 30, 2011
Rebecca Berfanger
For the last 10 years, volunteer attorneys and students in central Indiana have been helping domestic violence victims obtain protective orders, but before embarking on this process, volunteers must be trained on various matters.
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Supreme Court addresses protective orders

February 16, 2011
Rebecca Berfanger
The Indiana Supreme Court released two opinions today regarding the service of protective orders to respondents.
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AG swears in new victims’ advocate

January 21, 2011
Rebecca Berfanger
The new director of victim advocacy programs for the Indiana Attorney General’s Office was sworn in at 11 a.m. today in the Indiana University School of Law – Indianapolis Wynne Courtroom.
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Indiana Supreme Court to hear arguments on victim-advocate privilege

January 5, 2011
Rebecca Berfanger
Domestic violence victims’ advocates and criminal law attorneys are waiting on the Indiana Supreme Court’s decision in a case involving a criminal defendant’s subpoena for records from a victim’s advocacy organization.
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Grants to bring improvements to Protective Order Registry

October 22, 2010
IL Staff
Federal grants from the Department of Justice will allow for enhancements to Indiana’s Protective Order Registry, including alerting victims by e-mail or text when an order is about to expire.
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Juvenile detainees learn about domestic violence

October 22, 2010
IL Staff
The Marion Superior Court’s Juvenile Detention Center is hosting a series of domestic violence workshops today for children detained in the facility. This is the first time the center has hosted this conference.
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ICADV honors 7 for outstanding service

October 21, 2010
IL Staff
St. Joseph Circuit Judge Michael Gotsch Sr. was recognized by the Indiana Coalition Against Domestic Violence Wednesday for his work addressing the needs of both children and victims of domestic violence. October is Domestic Violence Awareness month.
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COA: Hearsay evidence properly admitted

September 22, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed the admission of hearsay evidence of a woman’s testimony to an officer that her boyfriend hit her because the evidence was admissible under the excited utterance exception.
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Services, attitudes change toward domestic violence

September 15, 2010
Rebecca Berfanger
When shelters started popping up in Indiana and around the country a little more than three decades ago, women who were victims of domestic violence had limited options.
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Race against domestic violence Aug. 14

August 9, 2010
IL Staff
The 7th annual Race Away from Domestic Violence 5k will be held on Saturday in Indianapolis. The race is hosted by the Indiana Coalition Against Domestic Violence and raises awareness and money to help end domestic violence in the state.
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7th Circuit upholds gun ban for domestic violence offender

July 14, 2010
Rebecca Berfanger
A Wisconsin man who pled guilty to possessing firearms after he was convicted of a domestic battery misdemeanor is not allowed to have those firearms, even though he argued they were used for hunting.
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Man gets new trial because of ineffective counsel

July 8, 2010
Elizabeth Brockett
Based on ineffective assistance of counsel, the Indiana Court of Appeals today reversed on direct appeal a man’s domestic battery conviction and remanded the case for a new trial.
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Judges reverse protection order

April 22, 2010
Jennifer Nelson
A protection order under Indiana Code Section 34-26-5 against a woman should not have been issued because there was no evidence of domestic violence, stalking or a sex offense as required by statute, the Indiana Court of Appeals ruled today.
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Prior misconduct negates self-defense claim

March 8, 2010
Jennifer Nelson
Evidence of a defendant's prior alleged domestic violence incidents against his ex-wife shouldn't have been admitted to explain the ex-wife's animosity toward him, the Indiana Court of Appeals concluded today. However, the evidence was admissible because it was relevant to prove the ex-husband's motive to commit the domestic violence he was charged with in the instant case.
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5K event to fight domestic violence set

August 6, 2009
IL Staff
The Indiana Coalition Against Domestic Violence will host its annual 5K Race Away From Domestic Violence in Indianapolis this month to help raise awareness and money for its efforts to end abuse and violence.
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COA: Rule of incredible dubiosity not applicable

June 4, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed a man's domestic battery conviction and sentence, concluding his wife's testimony about the altercation wasn't subject to the rule of incredible dubiosity.
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COA: Non-violent contact order 'defective'

April 16, 2009
Rebecca Berfanger
The Indiana Court of Appeals has remanded a case regarding a non-violent contact order issued by a Marion Superior judge June 30, 2008, which involved a divorcing couple. The ruling calls the order "defective."
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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