In response to domestic violence, the states have passed various acts to allow an alleged victim to seek almost immediate access to the courts and judges to review petitions for alleged physical and mental health abuse by a person he or she is involved in certain domestic relationships with.
Upon reviewing the victim’s petition, the court may (1) deny it, (2) grant it, or (3) set the matter for hearing. This depends upon the nature and seriousness of the allegations. In the event the matter is granted ex parte (without a hearing), the person subject to it is restrained from the contact or threats to the victim unless and until a hearing occurs (this must be requested by the alleged abuser).
Once the alleged abuser has a hearing, if the protective order stands or issues, this may disqualify him/her from purchasing or possessing firearms. This is problematic for members of the police or military. In addition, if the parties live together or work in the same place, it may displace the person subject to the order from living in the same household or working in the same place.
Violation of a civil domestic protective order then triggers criminal liability. Thus, if you are subject to service of domestic protective order, you should understand the potential implications. It is always prudent to retain counsel to analyze defenses and any challenges to a protective order. Your job, where you live, or future core right to possess firearms may depend on it. Failure to act precludes later challenges.
This blog post is written by attorneys at Dixon & Moseley, P.C., whose attorneys practice throughout the State of Indiana. It is for general educational purposes only and is not intended to provide specific legal advice. We hope you find this helpful to inform you to help you meaningfully engage with your counsel of choice.
