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Judges order protective order extension recalculated

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Finding a 28-year extension of a protective order to be unreasonable, the Indiana Court of Appeals ordered the trial court to determine a “reasonable extension.”

The appellate court granted rehearing in In the Matter of the Petition for Temporary Protective Order: A.N. v. K.G., 49A04-1212-PO-649, to address A.N.’s argument that while she had no objection to extending the protective order in place against her, she did not agree to the specific term imposed by the trial court.

K.G. had a protective order in place against A.N. who was not to directly or indirectly contact him or three other people. A trial judge found A.N. violated the protective order, and the Court of Appeals affirmed in January. The judge also decided to extend the protection order until November 2040.

The Civil Protection Order Act provides that the modification of an order for protection is effective for two years after the issue date unless another date is ordered by the court. But, the Act doesn’t provide any guidelines for reviewing a trial court’s discretionary relief that extends beyond the two-year term. The appeals court also pointed out it hasn’t had an opportunity yet to formulate appropriate standards.

“As an order for protection can impose significant restrictions on a respondent’s freedom of movement and other rights, the extension must be equally supported by a court’s conclusion that such additional time, in excess of the statutorily two-year approved extension, is necessary to protect the petitioner and to bring about a cessation of the violence or the threat of violence,” Judge Patricia Riley wrote.

“Absent findings in the present case, we find that the twenty-eight year extension of the protective order is unreasonable.”

The rest of the original opinion is affirmed.

 

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  1. 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.

  2. 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?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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