« Not Law - Problem of high college textbook costs continues, students and publishers at odds | Main | Ind. Decisions - Upcoming oral arguments this week »

Sunday, July 27, 2008

Ind. Courts - More on "Advocates Against Domestic Violence Blame Denial Of Protective Order For Woman's Death"

Today's editorial in the Indianapolis Star is headed "Before tragedy strikes, courts must be tougher." Some quotes:

Kerry Hyatt Blomquist, legal director of the Indiana Coalition Against Domestic Violence, argues that Marion County judges too frequently rely on what's called a nonviolent contact order, or nonviolent protective order.

Under a traditional protective order, an abusive spouse is barred from any contact with the victim. A violation can lead to immediate arrest.

But with a nonviolent order, the abuser can make contact as long as he or she doesn't harm or threaten the victim. Of course, harming or threatening another person is a crime under most circumstances, making the nonviolent contact order essentially meaningless.

Judges use the nonviolent contact order most often when children are involved. April Wills, in fact, asked for just such an order in her case.

Blomquist, however, argues, with merit, that a person who abuses a child's mother or father is not, by definition, a fit parent and should be closely supervised if contact is allowed.

A regular protection order also precludes an abusive spouse from legally possessing a gun. The nonviolent contact order doesn't carry the same restriction.

The Coalition Against Domestic Violence, with the aid of the Baker & Daniels law firm, has filed an appeal over the courts' increasing use of nonviolent contact orders. The case deserves close scrutiny on the appellate level. And Marion County judges need to carefully review the circumstances under which such orders are issued.

The ILB has attempted, so far with no success, to obtain more information on the details of this appeal.

See also this entry from July 23rd.

Posted by Marcia Oddi on July 27, 2008 11:50 AM
Posted to Indiana Courts