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Protective order reversed for lack of evidence

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A divorcing woman’s protective order against her soon-to-be ex-husband was not supported by evidence, an appeals panel ruled Thursday in reversing the trial court’s order.

The panel found evidence in the record – including the judge’s own uncertainty – didn’t meet the statutory minimum for issuing a protective order in Justin D. Maurer v. Crystal Cobb-Maurer, 02A03-1304-PO-129.

Senior Judge Frederick A. Schurger issued an ex parte protective order for Cyrstal Cobb-Maurer against Justin Maurer that was transferred to the couple’s divorce case earlier this year. Neither party testified, though their attorneys engaged in a back-and-forth exchange to which the parties agreed everything each said was true.

“The Indiana Rules of Trial Procedure and the Indiana Rules of Evidence neither explicitly allow nor prohibit this practice as a proper method of presenting evidence, but neither party objected to carrying on the hearing in this fashion. Suffice it to say, the line between evidence and argument was significantly blurred,” Chief Judge Margret Robb wrote in a footnote.

Evidence that was presented included one email from Justin to Crystal, in which he wishes her happy birthday and says he wishes to restore their marriage. It also says he disapproves of and forgives her for a relationship with another man and quotes Bible passages.

Crystal also said Justin touched her “in some sort of effort to get her to abide by his wishes to save the marriage.”

“The trial court gave only this comment on the evidence before ruling: ‘I’ve got an incident I’m bothered by the uh extent of the uh, uh harassing, uh or the email uh exchanges, I think are, reached the level of harassment,’” Robb wrote for the panel that also included Judges James Kirsch and Patricia Riley.

“These matters should be treated with the care and consideration that the gravity of their purpose demands. To that end, we believe that this case demonstrates the shortcomings — on many levels — of a hearing on such matters conducted without thorough presentation of the evidence and examination of the parties involved.

“After a review of the record, we are left with the firm conviction that there was not sufficient probative evidence presented at the hearing to support a finding that the contacts in evidence would cause a reasonable person and in fact caused Crystal to feel terrorized, frightened, intimidated, or threatened. Therefore, there was not sufficient evidence to support the trial court’s issuance of a protective order.”

 

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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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