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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. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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