to Ind. Appellate Rule 65(D), this Memorandum Decision shall
not be regarded as precedent or cited before any court except
for the purpose of establishing the defense of res judicata,
collateral estoppel, or the law of the case.
from the Monroe Circuit Court The Honorable Valeri Haughton,
Judge Trial Court Cause No. 53C08-1511-PO-2174
Attorney for Appellant Megan J. Schueler Ferguson Law
Attorney for Appellee Justin J. Harrison Slotegraaf Niehoff,
P.C. Bloomington, Indiana
[¶1] Han Chong ("Chong")
appeals an order of protection preventing him from having
contact with his business associate Jung Hee Kim
("Kim"), who alleged that she had been the victim
of stalking. Chong presents the issue of whether the
protective order was issued absent sufficient evidence that
he stalked Kim.We reverse.
and Procedural History
[¶2] Kim purchased a sake bar in
Bloomington, Indiana, and was permitted to enter the United
States from Korea on an investor's visa. Chong, whose
family owned an adjoining business property, provided
assistance to Kim both professionally and personally. He
trained Kim in restaurant operations and offered professional
advice. Additionally, he located an apartment for Kim and
loaned her a vehicle and cell phone. Chong, Kim, and a
restaurant employee named Gina socialized together. Chong
also interacted with Kim's children.
On November 13, 2015, Kim petitioned for an order of
protection, asserting as grounds that she had been a victim
of a sex offense and stalking. Kim alleged that Chong had, on
several occasions, made comments of a sexual nature that
caused Kim to feel "very ashamed and embarrassed."
(App. at 15.)
On January 4 and January 8, 2016, the trial court conducted a
hearing. At the conclusion of the hearing, the trial court
verbally ordered both parties to refrain from contacting the
other. On August 8, 2016, the trial court entered an order of
protection as requested by Kim, concluding that Kim had been
a victim of stalking. Chong now appeals.
[¶5] Under Indiana Code §
person who is or has been a victim of domestic or family
violence may file a petition for an ...