Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

C.S. v. T.K.

Court of Appeals of Indiana

January 29, 2019

C.S., Appellant-Respondent,
v.
T.K., Appellee-Plaintiff,

          Appeal from the Howard Superior Court No. 18A-PO-1566 The Honorable William C. Menges, Jr., Judge Trial Court Cause No. 34D01-1804-PO-45

          Attorney for Appellant Brent R. Dechert Kokomo, Indiana

          Robb, Judge.

         Case Summary and Issue

         [¶1] T.K. was granted an ex parte order for protection from C.S. After C.S. filed a motion to dismiss, the trial court conducted a hearing and again granted T.K.'s request for an order for protection. C.S. now appeals the order for protection raising a single issue for our review, whether there was sufficient evidence to support the issuance of the protective order. Concluding there was insufficient evidence to support the issuance of the protective order, we reverse.

         Facts and Procedural History

         [¶2] C.S. owns a towing and mobile automobile repair business in Kokomo and T.K. is an officer with the Kokomo Police Department. C.S. has a pending criminal case against him for "intimidation, stalking and harassment" in which T.K. is the alleged victim.[1] Transcript of Evidence, Volume II at 4.

         [¶3] On April 20, 2018, T.K. filed a petition for an order for protection against C.S., alleging that she had been a victim of stalking. In her petition, T.K. enumerated three incidents in which she encountered C.S. The first of these incidents occurred within the previous three to four months when T.K. was having lunch with her mother at a Panera Bread restaurant. T.K. stated that C.S. "entered the restaurant. [C.S.] is familiar [with] my patrol car that was parked in the parking lot." Appendix of Appellant, Volume 2 at 6.

         [¶4] The second incident occurred on April 13, 2018, in the parking lot of a U-Haul rental location. T.K. stated that she was leaving a nearby store and "observed [C.S.] on top of a U-Haul truck . . . using his cell phone to video tape [sic] [her]." Id.

         [¶5] The third and final incident occurred on April 20, 2018, the date T.K. filed her petition. T.K. stated that she:

[W]ent in the post office to mail a [package] [at] 11:35 am, as I exited the post office, [C.S.] walked right up behind me and followed me out of the [post office]. [C.S.] was not in the parking lot when I pulled in but he is very familiar [with] my vehicle.

Id. On the basis of this petition, the trial court granted T.K.'s petition for an order for protection ex parte the same day.

         [¶6] C.S. filed a motion to dismiss the order for protection on May 10, 2018, and the parties appeared for a contested hearing on June 12. There, T.K. testified that it "[j]ust seems like this is a repetitive behavior for someone that's out on bond for stalking, intimidation and harassment. Seems like it is continuing and it's becoming more frequent." Tr., Vol. II at 4. The trial court concluded that,

If we were to look at the individual acts that have been testified to in the context of a criminal stalking case, I would have to find that [T.K.] has not proved beyond a reasonable doubt that [C.S.] has committed stalking against her. However, the burden is preponderance of the evidence and what one thing that I've learned over the years is I don't like coincidences and I'm, to start throwing coincidences together, then it starts increasing the weight to be given to them and here we have three coincidences as established by, at least is claimed, by [C.S.]. I think we have gotten over the preponderance of the evidence burden and I think what we have to look at, also, is that if in fact [C.S.] wants to have no more to do with [T.K.] than she wants him to have with her, then a protective order is no harm/no foul, particularly if he's willing to have a ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.