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Monday, September 26, 2005

Ind. Decisions - Student’s restraining order ruled groundless

Niki Kelly of the Fort Wayne Journal Gazette wrote a long story Friday headlined "Student’s restraining order ruled groundless." Some quotes:

INDIANAPOLIS – Last November, Homestead High School [Fort Wayne] officials found a disturbing photo in a freshman boy’s locker of a female classmate, her face marred by numerous pellet holes and fake blood dripping from her eyes.

The words “Ha Ha Ha” were handwritten on the picture. Letters, photos and stories of her and other girls were also found in the boy’s possession or on his laptop. The word “Kill” was printed on two days in the boy’s planner next to specific students’ names.

But the bullet-riddled photo – plus unwanted calls and visits to one of the girls’ homes – was not enough for a protective order, the Indiana Court of Appeals ruled Thursday.

The appellate court reversed the two-year order sought by the parents of one of the girls, a 16-year-old sophomore, and granted last December.

The girl’s father was shocked by the decision, saying the court should have erred on the side of caution given the culture of school violence. * * *

The appellate court also noted in its opinion that the Indiana legislature has narrowed the instances in which protective orders can be issued in recent years and the facts of the case were not sufficient under the current statutory scheme.

The 2002 changes were largely aimed at eliminating a flood of protective orders being issued for fights between neighbors and acquaintances over various issues. The new law calls for protective orders to be issued in stalking cases or sex offenses. Abusive relationships involving families also are eligible, as are cases in which workplace violence is an issue.

Because this was designated a Not for Publication (NFP) opinion via Appellate Rule 65(D), it is not available online, although, as it is a public record, you may request it by name at the Clerk's office. Because the Clerk now makes available the weekly list of NFP opinions, one may find this opinion listed as the second entry (D.L. v. C.L. - 9/22/05) on p. 5 of last week's list.

Posted by Marcia Oddi on September 26, 2005 08:47 AM
Posted to Ind. App.Ct. Decisions