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Legislative Update

protective orders

Protective orders

January 14, 2022 Filed Under: Criminal

The House Courts and Criminal Code Committee heard HB 1137 on protective orders authored by Rep. Cook.Thebillprovides that an order for protection issued ex parte or upon notice and a hearing, or a modification of an order for protection issued ex parte or upon notice and a hearing, is effective for two years after the date of issuance, or indefinitely after the … [Read more...] about Protective orders

Protection orders and domestic battery

May 14, 2021 Filed Under: Criminal

S.E.A. 79, P.L. 67 Effective: July 1, 2021 Provides that if a petition for an order for protection is filed by a person or on behalf of an unemancipated minor, the court shall determine, after reviewing the petition or making an inquiry, whether issuing the order for protection may impact a school corporation's ability to provide in-person instruction for the person or the … [Read more...] about Protection orders and domestic battery

Expungement issues

April 12, 2020 Filed Under: Criminal

S.E.A. 47, P.L. 55 Effective: July 1, 2020; §9 on March 18, 2020 Defines "protection order records" and requires companies that provide background checks to periodically review their records and remove records relating to expunged protection orders (in the same manner as expunged convictions are removed). Permits a person to expunge protection order records in connection with the … [Read more...] about Expungement issues

Expungement issues

February 28, 2020 Filed Under: Criminal

The House Courts and Criminal Code Committee heard SB 47 on expungement issues sponsored by Rep. J. Young. The bill provides: if a court reduces a Class D or Level 6 felony to a misdemeanor, the five-year waiting period for expungement begins on the date of the felony conviction and not on the date the felony was converted to a misdemeanor; a procedure for the automatic … [Read more...] about Expungement issues

Harassment and orders for protection

May 17, 2019 Filed Under: Civil

H.E.A. 1607, P.L. 266 Effective: July 1, 2019 Adds Ind. Code § 34-6-2-51.5 to define harassment for protection orders under Ind. Code § 34-26-5 which includes, but is not limited to, repeated or continuing impermissible contact: (1) that would cause a reasonable person to suffer emotional distress; and (2) that actually causes the victim to suffer emotional distress. Amends Ind. C … [Read more...] about Harassment and orders for protection

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