Indiana Supreme Court

S.H. v. D.W.

January 31, 2020

Summary

The Indiana Supreme Court held that the evidence did not establish that S.H. posed a present, credible threat to D.W. sufficient to support renewing the protective order. Although D.W. described a prior violent incident and continued fear, the record showed no violation of the original order, no direct contact, and no other reasonable basis to conclude that S.H. presently intended to harm her or her family. The court reversed and remanded with instructions to vacate the renewed order.