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Legislative Update

No contact and protective orders and battery

April 13, 2016 Filed Under: Family, Juvenile

H.E.A. 1069, P.L. 65
Effective: July 1, 2016
Allows a petition to be filed with the juvenile court to order a person to refrain from contact with a member of a foster family home. Makes battery a Class A misdemeanor instead of a Class B misdemeanor if the offense is committed against a member of a foster family home by a person who is not a resident of the foster family home if the person who committed the offense is a relative of a person who lived in the foster family home at the time of the offense. Makes the offense a Level 6 felony if it results in bodily injury to a member of the foster family. Removes the sentencing enhancement for battery committed against a family or household member in the presence of a child from the battery statute and places it in the domestic battery statute. Specifies that numerous provisions in the battery statute constitute domestic battery if they are committed against a family or household member. Makes certain other changes to penalties concerning the offense of battery. Provides that a person who knowingly or intentionally violates a no contact order in a child in need of services proceeding or in a juvenile delinquency proceeding commits a Level 6 felony. Makes conforming amendments.
The full law is available at: http://iga.in.gov/legislative/2016/bills/house/1069

Filed Under: Family, Juvenile Tagged With: children, protective orders

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