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  1. #1
    Join Date
    Dec 2012
    Location
    Indiana
    Posts
    28

    Default Difficulty Obtaining a Protective Order

    My question involves restraining orders in the State of: IN

    I was divorced. Every time I tried to have visitation (reasonable, per Order), ex refused or yelled, screamed and made threats etc. Some reports made to police, after fact. Also complaints filed with Court over refusals to allow visitation. When I picked up our children for summer visitation (and had been denied the previous 2 summers), the yelling and screaming started. The children wouldn't come with me until a police officer came. The officer said yelling and screaming "not a problem", but I was at the end of the driveway, scared and could barely talk as mouth so dry. Ex had said he'd have me arrested.

    That Monday, I went and got paperwork for Protective Order at Court (I lived in different County). Picked up children on 1st, filed papers on 4th. Order to cover myself and children.

    Papers state: The Court, having issued an ex-parte Order for Protection, now finds the conditions in Indiana Code 34-26-5-10 have been met, and hereby sets this matter for Hearing as follows: 6-23; 3pm etc

    The CCS states this:

    6-6 Protective Order sent by Sheriff 6/23 3:00
    6-23 Alias-Amended Protective Order sent by Sheriff 7/14 2:00
    7-7 Pluries PO returned served on "John Doe"
    7-9 Entry of appearance by Deft's atty. "Sam Doe"
    7-9 Alias Protective Order returned served/past CT
    7-14 Plaintiff appears in person
    7-14 Deft appears in person and by atty
    7-14 Hearing held
    7-14 Following exhibits admitted: PLTFS A & B (Note: I think this should be Deft as I had no exhibits)
    7-14 Motion Denied

    Some of what is on the CCS I can't translate. However, I had to come back to the Court to draw a map on the front piece of the order as the Court personnel
    told me the Sheriff's in the other county "couldn't find the residence". That seems ludicrous, as they had been there numerous times in past.

    On 6-24, he had filed (through other attorney) "verified information in contempt" that I was not permitting him to speak with children (he was calling up and yelling, so I did not hand over phone). They were communicating via e-mail and sometimes by phone.

    Because of the order being sent back, the hearing was delayed. I had (originally) agreed to bring children back 7-5. I thought I had some protection through
    ex-parte status. When Order was denied, I took it to the other Court; they refused to look at it even. I wasn't even really allowed to talk at the hearing for contempt. I was not able to present my petition as evidence into Court.

    But my belief now, is that someone sent the original order back to delay things and this gave ex time to put in contempt and delay my hearing past the "agreed return date". As I did everything fast as I could, but the Paperwork wasn't sent out again til the 23rd. I came in to draw the map, etc as soon as I was informed. And therefore, his contempt filing "superceded" my request.

    And wondering, since Sheriffs have not had problem before or since finding residence, is there action (complaint,whatever) I can take? All I wanted was for him to STOP what he was doing; the next thing I knew I was being threatened with "felony charges" by his attorney for my "conduct": trying to exercise my visitation and without undue stress, etc.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Think Po Was "Interfered With"

    Not sure what the issue is. The accounting of actions end up with:

    motion denied


    that means the order, once it was heard in court, was denied. The ex-parte order is no longer in effect.

    The defendant appeared with an attorney on 7/14. It doesn't matter if they could not find the house or not. Defendant did appear so apparently somewhere along the line he was served.

    When Order was denied, I took it to the other Court;
    to the other court? What other court?


    Regardless of the order of protection, if you violated the order of visitation, you were in contempt. If you want to contest that in court, you get your chance since filing a motion of contempt requires a hearing to be held.

    There is a problem with your actions in this. Why would you include the children in the protection order? It appears you were attempting to retain the children in contrast to the visitation order. Unless there was a threat to the children, what you did was simply wrong/


    what you need to do and have done is simply file motions in the court with jurisdiction concerning the refusal to allow visitation as the order demands. If he was not abiding by the order, you needed to contact the local police and ask them to assist in the enforcement of the courts order.

  3. #3
    Join Date
    Dec 2012
    Location
    Indiana
    Posts
    28

    Default Re: Think Po Was "Interfered With"

    The children were afraid due to his yelling, screaming etc and hid under table and refused to leave. Visitation had already been
    set up. In past, he met me with children and raised hell because my step-mother hadn't made her flight and for some reason, he
    decided I shouldn't spend time with the children. Since he was yelling and raising h***, I put one daughter in my car. He tore off, leaving her behind and without a winter coat. My action to try to get a protective order would be justified, too as there was an on-going problem. Why would it not include children? I am an adult and more equipped to handle stress. I was scared. Why should they be handling it better (they weren't)?

    The not finding the house IS bogus. The motion was denied primarily because his attorney slapped down a copy of the decree and his contempt filing (that was "the end"). My hearing would OTHERWISE have fallen within the proper time frame and he could never have cited contempt.

    I started recording the interactions and now have a PO. I should have had one then.

    But I did also: notify the Court with jurisdiction, several times that he was refusing. And police just say: "It's a civil matter." They refuse to get involved.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Think Po Was "Interfered With"

    adda;675899]The children were afraid due to his yelling, screaming etc and hid under table and refused to leave.
    and? most kids will cower when somebody is yelling. That is normal. If the children were not in danger, then there is no reason the children should be included in the PO.


    Visitation had already been
    set up.
    So, if he does not comply with the order, you drag his butt into court.

    . Why would it not include children? I am an adult and more equipped to handle stress. I was scared. Why should they be handling it better (they weren't)?
    because unless the children are in danger, they do not need a protective order restraining their father from contact with them.

    The not finding the house IS bogus. The motion was denied primarily because his attorney slapped down a copy of the decree and his contempt filing (that was "the end"). My hearing would OTHERWISE have fallen within the proper time frame and he could never have cited contempt.
    That is not justification to deny an order. A failure to show a justification for the PO is a reason the order would not be issued. So, what is the disposition of his contempt filing?

    I started recording the interactions and now have a PO. I should have had one then.
    How can you have any interactions if there is PO restraining him from contacting you or the children?

    But I did also: notify the Court with jurisdiction, several times that he was refusing. And police just say: "It's a civil matter." They refuse to get involved.
    notify or file for an order of contempt due to a violation of the order.

    when/if you end up in court, outright ask the court if the sheriff or police are required to assist in enforcing the order should the father refuse to comply. If the judge says yes, relate to him your experience with them refusing.

  5. #5
    Join Date
    Dec 2012
    Location
    Indiana
    Posts
    28

    Default Re: Think Po Was "Interfered With"

    JK: Thanks for breaking it down. There's a lot I didn't know (obviously).

    I actually am somewhat curious mostly about the sheriff thing on one hand, as he has threatened me, including in front of our children. I went and got copies of prior police reports and for some reason, he is the "victim". Even when dispatch heard him yelling at me and trying to throw me out of the house.

    Watched one daughter go through a micro-psychotic episode when he lost it, smashed her brand new phone and turn on her. He is generally not physical, so it's hard to show bruises and such. One of the reports I made I wanted to go for prosecution, but when I visited the prosecutor recently, they told me that what I said had happened doesn't match what the officer reported. SO I sent them a recording of the incident, which will be followed with a recording of my making the report. Obviously, there is a problem somewhere and starting to believe it's not completely with me.

    And I do appreciate the info, because I finally did get a PO. It will help. Apparently there's enough of this "vindictive" he said-she said that nobody believes anything without solid evidence. And I was sort of in shock when it started, so I wasn't saying much of anything helpful to myself.

  6. #6
    Join Date
    Dec 2012
    Location
    Indiana
    Posts
    28

    Default Re: Think Po Was "Interfered With"

    I was looking through something else and stumbled back into this thread. I remember the reason I had asked; I was trying to understand what happened and I couldn't do that without translating some of the terms in the CCS into something understandable.

    I have watched my children go through hell over the years; as for their being "help" out there, it's a nice thought. My 21 year old daughter was recently assaulted by a roommate and blamed by the police officer for "bringing it on" herself. The police officer wasn't aware (or would she have even cared?) that my daughter had been scared out of the house, to circumvent the support order and be able to quit paying the mortgage. She has plenty of financial problems as a result of OUR divorce. Hopefully, once things settle down, I can help her navigate through those.

    It turns out, as I now know having combed through the records I have, that what he was doing was filing things against me (often) in order to deny me parenting time without penalty or complaint. After the PO incident, he filed to have me restricted and supervised. It was at least 5 months until I was able to see them again; almost 2 after I won default judgment. He didn't show up ... despite all of his "concern", it turns out that he was in an out of state casino at the time instead of Court. Discovered that quite by accident after the latest divorce hearing, and that has led to so much more.

    I now know that the alias and pluries summons refer to a second (or additional) sent out. And of course, mine (by the map) was amended so the process server could find one clearly marked house out of the only three on the less than quarter mile stretch the road takes up of the whole county. A little sarcastic, but the prosecutor's office in that county claimed my PO order (that I got) was expired and that they "couldn't find it". Even though their office is no more than 50 feet from the Clerk's; the information was also available on-line, on the state registry. Whatever.

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