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Woman who invited abusive spouse did not violate no-contact protective order

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In a case of first impression, the Indiana Court of Appeals ruled the Indiana General Assembly was deliberate when it did not criminalize the violation of a protective order by the protected person.

The COA, in Melissa Patterson v. State of Indiana, 34A02-1203-CR-235, reversed and remanded the trial court’s denial of a motion to dismiss two counts of aiding, inducing, or causing invasion of privacy as a Class A misdemeanor.  

Melissa Patterson obtained a no-contact order against her finance, Gregory Darden, following an incident of domestic battery. Twice afterward, Patterson was found with Darden and was arrested for violating the no-contact order.

She argued the trial court erred in denying her motion to dismiss the charges of aiding, inducing, or causing the invasion of privacy because the Legislature did not intend for I.C. 35-46-1-15.1 to criminalize the conduct of a protected person under the no-contract order in question.

The COA agreed, holding Indiana’s statute does not criminalize a protected person’s actions that invite or acquiesce in the violation of the no-contact order by the subject.

“The bottom line is that our General Assembly has made it abundantly clear that it recognized the possibility that orders intended to protect persons from domestic violence are issued in settings in which the protected person might invite the subject of the order to enter the forbidden zone and thus violate the order,” Judge Ezra Friedlander wrote. “Its failure to criminalize activity that, in two separate instances, it recognized might invite a violation of the order, must be viewed not as an omission, but as a determination that such should not be criminalized.”

Judge Rudolph Pyle III dissented, contending the plain language of the statute permits the prosecution of a protected person who deliberately helps another disobey a court order for protection.

“While the majority’s policy position may, in fact, be consonant with the General Assembly’s intent, I believe it should be left for the legislative branch to explicitly exclude the prosecution of protected persons,” he wrote.

 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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