from the Wells Superior Court The Honorable Andrew Antrim,
Judge Trial Court Cause No. 90D01-1806-PO-16
ATTORNEYS FOR APPELLANT Andrew Tyler Thomas Fort Wayne,
Indiana Thomas M. Frohman Bloomington, Indiana
L.O. appeals the trial court's grant of an order of
protection filed by D.O. We reverse.
L.O. raises one issue, which we restate as whether the
evidence is sufficient to support the granting of an order of
On June 7, 2018, D.O. filed a petition for an order for
protection and a request for a hearing. D.O. alleged that she
had "been a victim of stalking" by her spouse, L.O.
Appellant's App. Vol. II p. 14. D.O. alleged that L.O.:
(1) had threatened to his family members that he would take
D.O.'s children (2) had threatened D.O. regarding money
that he thought D.O. took; and (3) erroneously told D.O. to
give him checks from Social Security. D.O. asked the trial
court to prohibit L.O. from harassing, annoying, telephoning,
contacting, or directly or indirectly communicating with her.
The trial court held a hearing on the matter on June 20,
2018. The extent of D.O.'s direct testimony at the
My only issue was he just kept texting me and texting me and
wouldn't leave me alone when I asked him not to. And then
his family members started calling me, telling me things he
was doing down when he was staying in Kentucky and telling me
that he was planning on taking the kids and running off with
them and not bringing them back. So, I went to the Ossian
Police Department and told them what I was told and they told
me to come file a petition so that he couldn't take off
with the kids.
I was completely willing to do everything 50/50. I just, when
I, you know, when his family members are calling me and
telling me that he has these plans and he's doing these
things, then, you know, I don't, I don't want to,
have to worry that I'm not going to see the kids again
when they go with you. We had all intentions of doing
everything fairly; he'd have them half the time, I'd
have them half the time, everything was fine. And then I
started getting all these phone calls and these text messages
Vol. II pp. 5-6. On cross-examination, D.O. clarified that
L.O. had not threatened her regarding the children; rather,
the only threats pertained to money. D.O. testified that L.O.
had never physically harmed or abused her.
L.O. testified that he had never threated D.O. with violence
or sexual crimes, he never intended to threaten her with harm
of any kind, and he did not intend to harass her. L.O.
testified that the only threats he made were to report D.O.
to the police and Social Security. L.O. introduced a copy of
text messages exchanged between D.O. and L.O. L.O.'s
counsel argued that the petition ...