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Wednesday, April 29, 2009
Ind. Decisions - "Appeals court calls non-violent protective orders defective"
The Court of Appeals decision April 16th in the case of Moore v. Moore (see ILB summary here) is the subject of a story on WTHR 13 Eyewitness News:
The Indiana Court of Appeals has found that "non-violent protective orders" don't do enough to stop violence. The court called the orders "defective."The Indiana Coalition Against Domestic Violence (ICADV) pursued an appeal of the use of "non-violent protective orders." The group says it was concerned that the remedy was a protective order without "teeth" and did not fulfill the statutory mandate for the Court to take action necessary to prevent further violence.
The Indiana Court of Appeals agreed. In the case summary, the Appeals Court said non-violent protective orders were defective.
The appeal also addressed an issue of gun ownership in regard to a protective order. According to an attorney on the case, the decision states that prohibiting "firearms is not a discretionary action on the part of the trial court judge." If the parties concerned are "intimate partners" as defined by federal law, and a hearing is held, the Brady prohibitions that limit the purchase and ownership of firearms must be ordered if the protective order is granted.
The law regarding protection orders is the Indiana Civil Protection Order Act (ICPOA), IC 34-26-5.
Posted by Marcia Oddi on April 29, 2009 04:26 PM
Posted to Ind. App.Ct. Decisions