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.


  • 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. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.