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Dad’s text to daughter supports violation of protective order

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A Johnson County man who sent a text message to his daughter to give to his ex-wife – who had a protective order against him – violated that order when he sent his daughter the message, the Indiana Court of Appeals affirmed.

S.B., who has remarried and has two children with her new husband, had a protective order in effect against her ex-husband Todd Dewayne Kelly. Kelly was prohibited from having direct or indirect contact with her. He sent their daughter, L.K., a text and told her to give the message to her mother.

The message said “contacting court next week, if you see your mom tell her I said rattle, rattle, rattle.” S.B. believed it was an attempt to threaten or intimidate her based on Kelly’s previous use of the phrase “rattle, rattle, rattle” to intimidate her while they were still married.

Kelly was charged with Class A misdemeanor invasion of privacy and found guilty. He was sentenced to one year in jail, with 180 days executed and the rest suspended – provided he refrained from contacting his ex-wife.

Kelly cited Huber v. State, 805 N.E.2d 887 (Ind. Ct. App. 2004), to support his claim that the state didn’t prove he directly or indirectly contacted his ex-wife. In Huber, the appeals court found the defendant didn’t directly or indirectly contact the victim when he asked a domestic violence advocate, who refused, to contact the victim.

Unlike the third party in Huber, L.K. did not tell Kelly that she would not give the message to S.B, Judge Cale Bradford wrote. She showed it to her mom and stepdad, and they contacted police on the belief the message was threatening. Kelly even used the same “rattle” phrase on S.B.’s Facebook page while the misdemeanor charge was pending.

The judges declined to reweigh the evidence and affirmed Kelly’s conviction.

The case is Todd DeWayne Kelly v. State of Indiana, 41A01-1311-CR-519.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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