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 a second two-year protective order. A prior protective order and a past incident of domestic violence may be considered, but a renewed order requires evidence of a continuing present threat, which was absent here. The court reversed and remanded with instructions to vacate the later protective order.