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Court of Appeals affirms extension of protective order

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Asserting it cannot reweigh evidence, the Indiana Court of Appeals rejected a father’s arguments that the evidence did not support the extension of a protective order against him.

The father, A.G., is the former husband of P.G., the mother. She received an ex parte order of protection against him in September 2009.

In June 2011, P.G. picked up the children from their scheduled visit with A.G. The son reported that A.G. indicated he desired to hurt P.G. and her friend. Also, the daughter said A.G. wished to harm P.G.

The mother filed a petition for contempt against father, alleging he violated the protective order by communicating threats against her. The trial court did not find A.G. in contempt but did extend the protective order until Oct. 21, 2020.

A.G. appealed and presented the COA with three issues for consideration. The court reviewed only the issue of whether there was sufficient evidence to support the extension the protective order against A.G.

In affirming the trial court’s ruling in A.G. v. P.G., 49A04-1201-PO-94, the COA noted, “To the extent Father’s arguments are premised on conflicting evidence, they are invitations for us to reweigh the evidence, which we cannot do.”
 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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