ILNews

Judges reverse protection order

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

  • 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.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  2. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT