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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. 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?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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