Protective orders can’t be reissued, renewed, or extended “ad infinitum based solely upon evidence related to the protective order’s initial issuance,” the petitioner “bears the burden of proving by a preponderance of the evidence that a new protective order or extension of an existing order is required.”
Appeals
J.P. v. Mid American Sound, No. 49A04-1405-CT-207, __ N.E.3d __ (Ind. Ct. App., Jan. 14, 2015).
The Indiana Tort Claims Act aggregate liability cap, as applied to the defendant, is constitutional.
Gertiser v. Stokes, No. 29A02-1401-DR-43, __ N.E.3d __ (Ind. Ct. App., Jan. 14, 2015).
It should have been considered a substantial and continuing change of circumstances when a woman receiving spousal maintenance now has substantial income and assets as a result of remarriage.
Hitch v. State, No. 49A02-1404-CR-295, __ N.E.3d __ (Ind. Ct. App., Jan. 8, 2015).
Statutory domestic violence crime determination is a fact which increases the penalty for a crime and accordingly must be determined by the jury under the Blakely Sixth Amendment rule.
White v. State, No. 29A05-1312-PC-641, __ N.E.3d __ (Ind. Ct. App., Dec. 29, 2014).
There is no “class-of-one” defense to criminal charges.