Legal Opinion

Douglas J. Allison v. Heather Pepkowski

Indiana Court of Appeals

Decided March 27, 2014No. 64A05-1311-PO-554Published

1Opinion of the Court

OPINION

DARDEN, Senior Judge.

STATEMENT OF THE CASE

The trial court continued the hearing on a protective order petition and extended the temporary protective order for six months after the petitioner suffered an apparent anxiety attack while on the witness stand. Although the circumstances justified a continuance and extension, the delay of six months without explanation runs contrary to the Indiana Civil Protection Order Act and violates the respondent’s due process rights. In any event, because the court’s extension granted a temporary restraining order, which is not appealable as of right,…

2Cases cited5 opinions

  1. Monroe Guaranty Insurance Co. v. Magwerks Corp.Indiana Supreme Court · 2005
  2. Trinity Homes, LLC v. FangIndiana Supreme Court · 2006
  3. Camm v. StateIndiana Supreme Court · 2009
  4. Witt v. Jay Petroleum, Inc.Indiana Supreme Court · 2012
  5. Schiller v. KniggeIndiana Court of Appeals · 1991

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