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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. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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