What is behind it and what judges can do about it In Part 1 of this article in the September/October issue of Court Times, we considered research on the high victim attrition rate in criminal domestic violence cases, as well as some laws that judges can use to help ensure the integrity of the proceedings. In Part 2, we consider the civil court analogue to this predicament: petitioners who file and then dismiss … [Read more...] about The Dropout Problem: Part 2
Domestic
The Dropout Problem: Part 1
What is behind it & what judges can do about it A judge presiding over a criminal docket will quickly conclude that family violence cases are different. In an auto theft case, for example, the victim is usually cooperative: she wants to help the police and prosecutor bring the perpetrator to justice for his crime. But in a case involving family violence—especially intimate partner violence—the victim often rec … [Read more...] about The Dropout Problem: Part 1
Children Who Witness Violence
I once heard a judge compare her civil protection order docket to an emergency room—especially the ex parte cases. What an apt comparison! Judges and court staff often deal with people who have been physically, mentally, and emotionally traumatized when they consider ex parte protection orders. Violence of any kind is traumatic to human beings, and children, who lack the experience and coping skills of adults, are a … [Read more...] about Children Who Witness Violence
Indiana’s Parenting Time Guidelines Revised
In the first comprehensive revision since their adoption, the Indiana Supreme Court recently amended Indiana’s Parenting Time Guidelines (Guidelines). The Guidelines, which were first effective March 31, 2001, were revised in 2008 concerning parental relocation. The new Guidelines became effective March 1, 2013. Preparation of Parenting Time Guideline revisions The Guidelines are a product of the Domestic Relations C … [Read more...] about Indiana’s Parenting Time Guidelines Revised
Trial Rule 81.1 Procedures for Cases Involving Family or Household Members
The Indiana Supreme has adopted a new rule of trial procedure that provides trial courts special flexibility in handling multiple cases involving the same family or household. Trial Rule 81.1, which became effective January 1, 2012, is based on the special rules, which have been available to courts participating in the Indiana Family Court Projects since the inception of the project in 1998. After the Family Court … [Read more...] about Trial Rule 81.1 Procedures for Cases Involving Family or Household Members