ILNews

Court affirms protective order without evidentiary hearing

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A Shelby County man’s protective order against a neighbor is valid even though the trial court didn’t hold an evidentiary hearing or honor the neighbor’s request for a continuance, the Court of Appeals ruled Tuesday.

The court held that the nature of claims in Ray Evans v. Eric L. Thomas, 73A04-1112-PO-670, were sufficient to warrant quick action by the court. Thomas claimed that disputes with Evans, with whom he shared a driveway, had escalated to violence and that he feared for his safety.

Thomas went to Shelby Superior Court in December 2011 and asked for a protective order against Evans, alleging among other things that Evans punched him a month earlier, had pulled a gun on him in 2005, had shot and killed the family cat at some point, and had threatened and stalked his family.

The court set a hearing on the protective order for Dec. 20, 2011, and Evans was served notice on Dec. 15. On Dec. 19, Evans moved for a continuance on the basis that he would be unable to retain counsel by the hearing date.

The court denied the request for continuance and noted that requests for protective orders are to be handled promptly. Evans told the court he did not object to the issuance of the P.O., which would have required him to surrender his firearms to the sheriff’s department.

The appeals court noted that the trial court assured Evans that if he wished to file petition to modify after retaining counsel, the court would consider it.

“We conclude with little hesitation that the seriousness of the allegations in Thomas’s petition warranted the swiftest of judicial action,” Judge Cale Bradford wrote for the unanimous panel. “Further delay might have put Thomas at risk. Evans has not established an abuse of discretion in this regard.”

The court also disagreed with Evans’ contention that a full evidentiary hearing is required for issuance of a P.O.

Evans also was unsuccessful in arguing that he had insufficient time to obtain counsel or that he didn’t understand the proceedings in which he said he did not object to the P.O.

“Evans does not explain how either of these things, even if true, denied him notice, the opportunity to be heard, or the opportunity to confront witnesses. Evans has not established that his rights to due process and due course of law were infringed,” Bradford wrote.


 

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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