974 N.E.2d 598
Ind. Ct. App.2012Background
- Mother obtained an ex parte protective order against Father on September 10, 2009.
- On March 8, 2010, the order was amended to permit visitation and communication with the two children.
- The parties’ marriage was dissolved by a Missouri court on May 12, 2011.
- On June 5, 2011, the son reported Father expressed a desire to hurt Mother and her friend; the daughter reported similar threats.
- Mother filed a petition for contempt on June 6, 2011; the trial court extended the protective order to October 21, 2020 without finding contempt.
- On appeal, Father challenges the sufficiency of evidence to extend the protective order; the court affirms the extension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence to extend the protective order. | Father contends evidence insufficient. | Mother argues threats evidenced ongoing risk. | Evidence supports extension; credible threat proven by preponderance. |
Key Cases Cited
- Andrews v. Ivie, 956 N.E.2d 720 (Ind. Ct. App. 2011) (limits reweighing credibility; uses probative value standard)
- A.S. v. T.H., 920 N.E.2d 803 (Ind. Ct. App. 2010) (preponderance standard for protective orders)
- Moore v. Moore, 904 N.E.2d 353 (Ind. Ct. App. 2009) (trial court discretion for protective relief; cessation of violence)
- Tisdial v. Young, 925 N.E.2d 783 (Ind. Ct. App. 2010) (CPOA construction; domestic violence includes stalking)