The Protection Order Act does not permit the reissuance, renewal, or extension of the protective order when there has been a single episode of physical violence with no follow-up act, no threat that the violence will recur, and no other reasonable grounds to believe there is present intent to harm.
Civil
In re Adoption of C.A.H., No. 20S-AD-5, __ N.E.3d __ (Ind., Jan. 10, 2020).
A parent’s implied consent to the adoption may not be based solely on their failure to appear at a single hearing.
Butler v. State, No. 19A-MI-5, __ N.E.3d __ (Ind. Ct. App., Dec. 27, 2019).
The trial court properly ordered the forfeiture of defendant’s car because the 2018 amendments to Indiana’s civil-forfeiture scheme were procedural in nature and do not constitute an ex post facto law; defendant failed to establish that the seizure of the car was in any way improper.
American Consulting, Inc. v. Hannum Wagle & Cline Engineering, Inc., No. 18S-PL-00437, __ N.E.3d __ (Ind., Dec. 18, 2019).
The liquidated damages provisions in the noncompetition and non-solicitation agreements are unenforceable penalties because the provisions are too broad and capture too much conduct to be construed as a reasonable measure of damages resulting from a breach.
Henderson v. Henderson, No. 19A-DC-1517, __ N.E.3d __ (Ind. Ct. App., Dec. 18, 2019).
Husband’s contractual interest as the contract purchaser in certain real estate was properly included in the marital estate even thought it is is titled in a third-party.