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P.S. v. T.W.

Court of Appeals of Indiana

July 20, 2017

P.S., Appellant-Respondent,
v.
T.W., Appellee-Petitioner

         Appeal 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

          May, Judge.

         [¶1] 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.

         Facts and Procedural History

         [¶2] 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.

         [¶3] 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 residence[.]
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' ...

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