from the Hendricks County Superior Court Trial Court Cause
No. 32D04-1607-PO-336 The Honorable Mark Smith, Judge
Attorneys for Appellant Cara Schaefer Wieneke Wieneke Law
Office Brooklyn, Indiana Christopher L. Arrington Christopher
L. Arrington, Attorney at Law, PC Danville, Indiana
Attorney for Appellee William O. Harrington Harrington Law,
PC Danville, Indiana
P.S. appeals the trial court's decision to place him on
GPS monitoring following his violation of the protective
order ("PO") in place to protect T.W. from P.S.
P.S. argues GPS monitoring is inappropriate for two reasons:
(1) he was not on notice that GPS monitoring was a possible
consequence of violating the PO; and (2) the evidence was
insufficient to prove he violated the PO. We affirm.
and Procedural History
P.S. and T.W. are married and in the process of a divorce.
They also own a business together. On July 21, 2016, T.W.
filed a petition for an order of protection against P.S. and
a request for hearing. The trial court granted her petition,
issued an ex parte PO, and scheduled a hearing on
the matter for August 10, 2016. The hearing was continued
until September 28, 2016.
At the hearing on September 28, 2016, T.W. testified P.S.
abused illegal substances, was unsuccessful in his attempt at
substance abuse rehabilitation, had indicated he would commit
suicide or kill T.W. if she tried to leave, had thrown a
candle at T.W. during an argument, and had locked T.W. in the
garage when she threatened to leave him. T.W. testified these
actions made her "afraid of him[, ]" (Tr. at 14),
and she "didn't want him to do anything to
[her]." (Id.) Based thereon, the trial court
issued a PO against P.S., ordering:
1. [P.S.] is hereby enjoined from threatening to commit or
committing acts of domestic or family violence, stalking, or
sex offenses against [T.W.] . . .
2. [P.S.] is prohibited from harassing, annoying,
telephoning, contacting, or directly or indirectly
communicating with [T.W.].
3. [P.S.] shall be excluded from [T.W.'s] residence.
4. [P.S.] is ordered to stay away from the residence, school,
and/or place of employment of [T.W.].
5. [T.W.] shall have the possession and use of the
6. The Court orders the following additional relief to
provide for the safety and welfare of [T.W.]. . . [P.S.] is
not to interfere with the mailbox for [Parties' ...