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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. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  2. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  3. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

  4. Well, I agree with you that the people need to wake up and see what our judges and politicians have done to our rights and freedoms. This DNA loophole in the statute of limitations is clearly unconstitutional. Why should dna evidence be treated different than video tape evidence for example. So if you commit a crime and they catch you on tape or if you confess or leave prints behind: they only have five years to bring their case. However, if dna identifies someone they can still bring a case even fifty-years later. where is the common sense and reason. Members of congress are corrupt fools. They should all be kicked out of office and replaced by people who respect the constitution.

  5. If the AG could pick and choose which state statutes he defended from Constitutional challenge, wouldn't that make him more powerful than the Guv and General Assembly? In other words, the AG should have no choice in defending laws. He should defend all of them. If its a bad law, blame the General Assembly who presumably passed it with a majority (not the government lawyer). Also, why has there been no write up on the actual legislators who passed the law defining marriage? For all the fuss Democrats have made, it would be interesting to know if some Democrats voted in favor of it (or if some Republican's voted against it). Have a nice day.

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