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.

