Court divided on invasion of privacy charge

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The Indiana Court of Appeals split today as to whether a woman who had an order for protection against her should have been convicted of invasion of privacy when she spoke to the protected party during a court hearing.

Kimberly Thomas had an ex parte order for protection issued against her that prevented her from “harassing, annoying, telephoning, contacting or directly or indirectly communicating” with James Smith. While that order was in effect, the trial court held a hearing on the matter with both parties present. Thomas told Smith to stop calling her at the end of the hearing and in the court’s presence. She was immediately arrested and charged with Class A misdemeanor invasion of privacy.

The trial court found she violated the order and convicted her. Thomas argued there wasn’t enough evidence to show she acted with the mens rea to commit invasion of privacy because the “courtroom is a neutral zone where some terms of the protective order are naturally suspended” to conduct judicial proceedings. She argued that her statement was a gross violation of decency and decorum and that she should be held in contempt.

In Kimberly Thomas v. State of Indiana, No. 49A02-1002-CR-105, Judges Elaine Brown and Carr Darden believed given the context of this case that the judge should have used direct contempt to punish Thomas for her statement. They reversed her conviction and remanded for the trial court to resume direct contempt proceedings to address her comment if the court chooses to do so.

Judge Cale Bradford dissented, finding nothing in Indiana statute would have precluded the state from filing the invasion of privacy charge. He agreed that direct contempt proceedings would have been the “more efficient and preferred remedy” but the “statute plainly states that a person who violates a protective order commits invasion of privacy.”


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...