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Mother's actions support contempt finding

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The Indiana Court of Appeals has upheld finding a mother in contempt of court for not dismissing a protective order against her ex-husband as required by their dissolution decree. The judges also affirmed the award of compensatory damages and attorney fees to the father, but reversed a 10-day sentence imposed for future violations.

In Barbara (Rosario) Bessolo v. William I. Rosario, No. 29A02-1108-DR-789, Barbara Bessolo and William Rosario, who have a young daughter, divorced Dec. 1, 2010. As part of their mediated settlement agreement, Bessolo was to dismiss a protective order she had against Rosario by Nov. 12, although the terms of the agreement weren’t binding until it was approved by the court. Even after the decree was approved in December, Bessolo didn’t dismiss the protective order.

An incident on Dec. 5, 2010, led to Bessolo calling the police on Rosario and telling officers she had a protective order against him. Rosario was arrested, spent 20 hours in jail and had to pay $2,500 to expunge the arrest from his record. She filed for the protective order to be dismissed two days later.

Rosario then filed a motion to show cause requesting Bessolo be held in contempt for her actions. The trial court ordered Bessolo to pay $10,000 in compensatory damages, $10,000 in attorney fees, and imposed the suspended jail sentence. She appealed, but the COA affirmed.

Although the divorce wasn’t approved until Dec. 1, instead of Nov. 12 as the agreement originally stated, Bessolo still had to file to dismiss the protective order once the settlement was approved, wrote Judge Nancy Vaidik. The judges upheld the monetary damages and attorney fees imposed, finding the experience was a humiliating one for Rosario. He was handcuffed in front of his young daughter in a public parking lot and had to miss a day of work. The COA reversed the imposition of the suspended jail sentence because it does not coerce current or future compliance with a specific court order. The judges also denied Rosario’s request for appellate attorney fees.  
 

 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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