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Judges reverse protection order

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A protection order under Indiana Code Section 34-26-5 against a woman should not have been issued because there was no evidence of domestic violence, stalking or a sex offense as required by statute, the Indiana Court of Appeals ruled today.

Vicky Tisdial appealed the issuance of a protection order against her in favor of Christine Young, who lives near Tisdial. Both live near a park where Tisdial would often put bread on the park's pathways to feed animals. Young, who walked her dogs in the park daily, was annoyed by the bread and asked Tisdial to leave some room for others who walk the path. Tisdial ran toward Young and threatened to spray her with a can of Mace. During another encounter between the two, Young yelled at Tisdial to stop putting bread in the pathways and Tisdial ran at Young and sprayed her with Mace.

Young then filed a petition under I.C. Section 34-26-5, the Civil Protection Order Act, for a protection order, which the trial court granted the same day. After a hearing on the matter, the trial court upheld the original order through May 2011.

In Vicky L. Tisdial v. Christine Young, No. 29A05-0909-CV-544, the appellate court reversed the protection order. The CPOA authorizes the issuance of a protection order only where the petitioner shows violence by a family or household member, stalking, or a sex offense has occurred. The trial judge granted it based on stalking, but there's no evidence Tisdial ever stalked Young. Stalking requires some evidence that the actor is looking for the victim, but the encounters between Young and Tisdial happened because they both used the park and Young verbally initiated each encounter.

"Although Young was understandably concerned regarding the possibility of future fights and reasonably sought legal recourse, we do not believe the general assembly intended orders for protection under the CPOA to serve as a remedy for a situation that entailed fighting between unrelated individuals," wrote Judge Margret Robb for the majority.

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  • Protection Order
    Back in 2009, my girlfriend's mother, not my girlfriend out of jealousy got a Protection Order on me.My girlfriend was supporting me all along this. I hired a lawyer to contest it. This was in Greenfield, IN. There was a pro-temp Judge assigned since Judge was on vacation. There was not a single evidence that I am threatening her, there were no phone calls, no emails, no videos, no texts. Most importantly I didn't even knew where she lived. I was 33yrs old and the woman was 53 yrs old. She was simply jealous that I was educated and made a good salary. When she found out I had few thousands in savings, which was huge amount to her, she got very jealous. So even though the Judge found no evidence, the parties involved are not related by any relationship as intimate partners or household members, and Judge admitted making a mistake, he nevertheless issues the PO. He was Temp and didn't want to take any chances. Few months later, the mother apologize to me and dropped the PO. My criminal background comes clean with no records. Problem is my public record has a PO Dismissed on it. I have been unable to get a straight answer as how to remove it from my public records. I am willing to hire a lawyer who knows if this can be done, not someone who says I got to do research.

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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