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COA finds man knew of protective order and violated it

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There is ample evidence proving that a Marion County man was aware his ex-girlfriend obtained a protective order against him when he broke into her home, the Indiana Court of Appeals ruled.

In Anthony Smith v. State of Indiana, 49A05-1304-CR-195, Anthony Smith claimed there wasn’t sufficient evidence to prove he knowingly violated the protective order Sara Pearson obtained against him. A police detective verbally told Smith over the phone that he was to have no contact with Pearson. Pearson also told Smith about the protective order in a text message.

She was moving, so Smith wanted to get his weightlifting equipment out of her home. He texted her and she suggested a time, believing the police could be there during the pick up. But Smith wanted to come the next day, to which Pearson said no. Later that day, she came home to find Smith in her home. He grabbed her and took her phone and pepper spray. He ran off when the doorbell rang.

He was charged with and convicted of Class D felony residential entry and Class A misdemeanor invasion of privacy as well as found to be a habitual offender. He only appealed the invasion of privacy charge.

The cases Smith cited to support his argument, Hendricks v. State, 649 N.E.2d 1050 (Ind. Ct. App. 1995), and Joslyn v. State, 942 N.E.2d 809, 813 (Ind. 2011), the judges found to actually support his conviction.

Smith had actual notice that the protective order prohibited any contact with Pearson. It does not matter that he wasn’t provided with all of the protective order’s specific terms by the detective, Senior Judge Patrick Sullivan.

Smith also claimed he received mixed messages because Pearson’s actions in communicating with him through text messages and arranging a time for him to pick up his personal possessions from her house gave him reason to believe that the protective order was no longer valid, but the appellate court rejected his arguments.  Both the detective and Pearson told Smith the protective order was in place, and Pearson also didn’t allow Smith to come to her home without police.  

 

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  1. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  3. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  4. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

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