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COA: Non-violent contact order 'defective'

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The Indiana Court of Appeals has remanded a case regarding a non-violent contact order issued by a Marion Superior judge June 30, 2008, which involved a divorcing couple. The ruling calls the order "defective."

In DeVone Moore v. Damon Moore, No. 49A02-0810-CV-978, DeVone Moore's attorneys appealed a protective order granted to DeVone in response to physical, mental, and emotional abuse from her husband Damon Moore.

Neither party was represented at the June 30, 2008, hearing; Damon was not represented on this appeal and did not file an appellee's brief.

The abuse, which Damon had not denied, had escalated after he learned she was planning to file for divorce from him. The court had granted her an ex parte order for protection June 18, 2008, but amended that order June 30, 2008, so Damon could still have contact with DeVone, as long as it was "peaceable contact, without threats of violence or actual violence."

DeVone agreed to the peaceable contact because the two had a daughter together, and DeVone wanted her husband to still have contact with their child.

But the Court of Appeals disagreed with the trial court's non-violent contact order, calling it confusing.

"... The trial court issued an order for protection using the standard form authorized by the (Indiana Civil Protection Order Act)," Judge Margret Robb wrote. "Not only does the trial court's discussion of this alternative order confuse us, it obviously confused DeVone, who had difficulty understanding the relief being offered and communicating the relief she sought."

In its instructions to remand the protective order, Robb wrote, "... We hold that the order for protection does not provide the relief necessary to bring about a cessation of the violence or threat of violence as required by Indiana Code section 34-26-5-9(f). Therefore, we remand to the trial court to enter an order ... prohibiting communication, and ... requiring Damon to stay away from DeVone's residence and place of employment ...."

The Court of Appeals also instructed the trial court to include terms for unsupervised parenting time for Damon and their daughter, and to check "yes" for Damon to be Brady disqualified, meaning he couldn't buy, receive, or possess a gun while he was subject to the protective order.

Matthew Albaugh and Jon Laramore, both of Baker & Daniels in Indianapolis, represented DeVone pro bono on this appeal.

Albaugh said he was pleased with the ruling for his client and that there is another takeaway from this case.

He pointed to the part of the opinion that states, "No standard form for such an order has been created by the division of state court administration, and there is no mention of such an order in the (Indiana Civil Protection Order Act), in Marion County's local rules, or in the Protection Order Deskbook."

Kerry Hyatt Blomquist of the Indiana Coalition Against Domestic Violence, who filed an amicus brief, agreed.

Because this was a published opinion, she wrote via e-mail, "It will give Indiana judges the precedent to follow; specifically why they cannot issue NVCOs (non-violent contact orders). The first paragraph of the opinion says it all; NVCOs are indeed defective."

Indiana Lawyer covered this case in the Jan. 21 - Feb. 3, 2009, issue: "I'm gonna just pray that he does the right thing."

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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