ILNews

Non-violent orders challenged

Rebecca Berfanger
January 1, 2008
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The Indiana Coalition Against Domestic Violence with the assistance of pro bono attorneys in Baker & Daniels' Indianapolis office filed notice of appeal July 22 for two non-violent contact orders issued in Marion County. The non-violent distinction means that the respondent can have contact with the petitioner as long as it isn't violent contact.

Earlier on the same day in Indianapolis, Carl Wills allegedly killed his ex-wife, April Wills, her boyfriend, and then killed himself. Records show that Carl had a history of violence and had previously threatened to kill himself and April, who had a non-violent contact order against him based on previous violent events involving Carl.

"Essentially, we are all under a 'non-violent protection order' as citizens of a civilized society," ICADV Legal Director Kerry Hyatt Blomquist said.

The ICADV is appealing the non-violent contact orders because, Blomquist said, these types of orders are not authorized by Indiana Code Section 34-26-5, the Indiana Civil Protective Order Statute. Non-violent contact orders also do not prevent the respondent from owning firearms, which a statutory protective order would.

Lake and Marion counties are among the few Indiana counties that administer non-violent contact orders, according to a recent informal study done by the ICADV.

"We hope courts stop ordering them before they get even more popular," Blomquist said.

The Indiana Lawyer is reporting on non-violent contact orders for the Aug. 6-19, 2008, edition.
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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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