ILNews

Evidence supports wife entitled to protective order against husband

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A Tippecanoe County man appealing the issuance of a protective order against him lost his case before the Indiana Court of Appeals Wednesday. The appellate court concluded that the evidence showed his wife is a victim of domestic violence.

In Jeffrey A. Hanauer v. Colleen T. Hanauer, 79A04-1205-PO-271, Jeffrey Hanauer argued that there was insufficient evidence to support issuing a protective order against him. In January 2012, marital problems escalated between the husband and his wife Colleen Hanauer. He would scream at his wife to get a job and told her he would kill himself if she left him. When Colleen Hanauer slept in a separate bedroom, Jeffrey Hanauer would enter the room and repeatedly wake her up by turning on lights and banging on doors. Colleen Hanauer found her tires slashed one day.

Jeffrey Hanauer took medication for insomnia and severe anxiety disorder, and he also used marijuana.

Colleen Hanauer eventually left her husband, filed for a protective order pro se, and then filed for divorce. The trial court found that “domestic or family violence, [or] stalking . . . occurred sufficient to justify the issuance of [the Protective Order].” Based on these findings, Tippecanoe Superior Judge Randy J. Williams found Colleen Hanauer was a victim of domestic violence and entitled to the protective order.

The Court of Appeals found the husband failed to show the findings were clearly erroneous and ruled the issuance of the protective order was not in error.

 

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  • hard to understand
    So a court found the husband was guilty of "domestic violence" because he screamed at his wife, turned on lights when sleeping, banged on doors, and threatened himself? From what I 've heard thats not too uncommon marital fighting stuff actually-- but no battery or even assault so where is the "violence?" a bad ruling.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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