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COA reverses order requiring victim to pay attorney fees

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A man who claims he was struck by a vodka bottle that resulted in 18 stitches won’t have to pay attorney fees to a woman against whom he had been awarded a protective order, the Court of Appeals ruled Tuesday, reversing a lower court order.

Richard Troy Dunno was granted a protective order on Dec. 22, 2011, a day after he told an Allen Superior magistrate that Ronalee Rasmussen hit him with the bottle. The P.O. was issued ex parte.

Dunno failed to appear at a hearing in February at which time the order was dismissed. Rasmussen presented evidence that she wasn’t the person responsible for the offense and asked the court for attorney fees, which were granted in the sum of $500. Prior to the appeal in Richard Troy Dunno v. Ronalee Rasmussen, 02A03-1207-PO-310, Dunno’s motions to correct error at the trial court failed.

“Dunno argues that “[a]llowing the trial court to award attorney fees against someone petitioning for a protective order would undoubtedly have a chilling effect and cause some victims of domestic violence to forgo making a legitimate plea for protection,” Judge Elaine Brown wrote for the unanimous panel. “Dunno also claims that the record does not support an attorney fee assessment under Ind. Code § 34-52-1-1(b).”

Finding that his claim was not frivolous or in bad faith, “We conclude that Dunno has made a prima facie showing that the award of attorney fees was improper,” Brown wrote. “We reverse the trial court’s judgment ordering Dunno to pay Rasmussen’s attorney fees.”


 

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  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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