Andrews v. Ivie
2011 Ind. App. LEXIS 1712
| Ind. Ct. App. | 2011Background
- Andrews and Ivie ended their relationship in December 2008 and Ivie repeatedly asked him to stop contacting her.
- Ivie filed a petition for a protective order on November 30, 2010, alleging stalking and the trial court issued an ex parte order on December 1, 2010.
- A hearing was held in January 2011 at which Ivie testified that Andrews continued contacting her via emails, texts, and gifts despite her demands to stop.
- Ivie presented that Andrews sent numerous emails, gifts, and messages after she asked him to leave her alone, causing emotional distress.
- The trial court found Andrews engaged in stalking and issued a protective order in Ivie’s favor, which Andrews appeals.
- On appeal, the court assesses whether the evidence supports a finding of stalking by a preponderance of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence to support the protective order | Andrews contends the evidence does not prove stalking. | Andrews argues the court relied on unoffered content and non-prompted beliefs. | Affirmed; sufficient evidence of stalking supported the order. |
Key Cases Cited
- Smith v. State, 802 N.E.2d 948 (Ind. Ct. App. 2004) (repeated or continuing harassment may support stalking conviction)
- Garza v. State, 736 N.E.2d 323 (Ind. Ct. App. 2000) (course of conduct constituting stalking despite lack of explicit threats)
- Nicholson v. State, 948 N.E.2d 820 (Ind. Ct. App. 2011) (note on 'repeated or continuing' conduct; distinguishable facts)
- A.S. v. T.H., 920 N.E.2d 803 (Ind. Ct. App. 2010) (evidentiary standard for protective order petitions; no weighing on appeal)
- Moore v. Moore, 904 N.E.2d 353 (Ind. Ct. App. 2009) (trial court discretion in issuing protective orders)
- Tisdial v. Young, 925 N.E.2d 783 (Ind. Ct. App. 2010) (CPOA applicability and standards)