ILNews

Court divided on invasion of privacy charge

Back to TopCommentsE-mailPrintBookmark and Share

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.”

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  2. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  3. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  4. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

  5. Can I get this form on line,if not where can I obtain one. I am eligible.

ADVERTISEMENT