News: New Protective Order Case

This just came in today via The Indiana Lawyer's COA: Non-violent contact order defective. I have not read the case yet but the following is too important not to post immediately.

"The Indiana Court of Appeals has remanded a case regarding a non-violent contact order issued by a Marion Superior judge June 30, 2008, which involved a divorcing couple. The ruling calls the order 'defective.'"

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In DeVone Moore v. Damon Moore, No. 49A02-0810-CV-978, DeVone Moore's attorneys appealed a protective order granted to DeVone in response to physical, mental, and emotional abuse from her husband Damon Moore.

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The abuse, which Damon had not denied, had escalated after he learned she was planning to file for divorce from him. The court had granted her an ex parte order for protection June 18, 2008, but amended that order June 30, 2008, so Damon could still have contact with DeVone, as long as it was "peaceable contact, without threats of violence or actual violence."

DeVone agreed to the peaceable contact because the two had a daughter together, and DeVone wanted her husband to still have contact with their child.

But the Court of Appeals disagreed with the trial court's non-violent contact order, calling it confusing.

"... The trial court issued an order for protection using the standard form authorized by the (Indiana Civil Protection Order Act)," Judge Margret Robb wrote. "Not only does the trial court's discussion of this alternative order confuse us, it obviously confused DeVone, who had difficulty understanding the relief being offered and communicating the relief she sought."

In its instructions to remand the protective order, Robb wrote, "... We hold that the order for protection does not provide the relief necessary to bring about a cessation of the violence or threat of violence as required by Indiana Code section 34-26-5-9(f). Therefore, we remand to the trial court to enter an order ... prohibiting communication, and ... requiring Damon to stay away from DeVone's residence and place of employment ...."

The Court of Appeals also instructed the trial court to include terms for unsupervised parenting time for Damon and their daughter, and to check "yes" for Damon to be Brady disqualified, meaning he couldn't buy, receive, or possess a gun while he was subject to the protective order.