M.G. v. V.P.

74 N.E.3d 259, 2017 WL 1506047, 2017 Ind. App. LEXIS 177
CourtIndiana Court of Appeals
DecidedApril 27, 2017
DocketCourt of Appeals Case No. 45A05-1608-PO-1855
StatusPublished
Cited by9 cases

This text of 74 N.E.3d 259 (M.G. v. V.P.) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
M.G. v. V.P., 74 N.E.3d 259, 2017 WL 1506047, 2017 Ind. App. LEXIS 177 (Ind. Ct. App. 2017).

Opinion

Pyle, Judge.

Statement of the Case

This case is a prime example of forum shopping for a protective order and the importance of respecting the doctrine of res judicata. M.G., who had a protective [261]*261order against Y.P., appeals the trial court’s order granting V.P.’s third petition for a protective order against M.G. M.G. argues that the trial court should have denied V.P.’s third protective order petition based on the doctrine of res judicata because the third petition contained no new allegations from V.P.’s first and second protective order petitions that had been denied by-judges sitting in two other Lake County trial courts. Concluding that V.P.’s third protective order petition was barred by res judicata, we reverse the trial court’s order and remand with instructions to vacate the protective order against M.G.

We reverse.

Issue

Whether the trial court abused its discretion by granting V.P.’s third petition for a protective order.

Facts

On February 21, 2016, V.P. and M.G. were involved in a physical altercation at a restaurant. Thereafter, V.P. was charged with battery of M.G.

On April 6, 2016, M.G. filed—in Lake Superior Court # 2—a petition for a protective order against V.P. (“M.G.’s PO Petition”). That same day, the trial court issued an ex parte order for protection against V.P. and then set a hearing for May 6, 2016.

In the meantime, on April 11, 2016, V.P. filed—in Lake Superior Court # 6—a petition for a protective order against M.G. (“V.P.’s First PO Petition”). In her petition, V.P. alleged that M.G. had stalked her based on various events that occurred on the following dates: December 21, 2015; February 10, 2016; February 21, 2016; and March 20, 2016. The crux of V.P.’s allegations were that M.G. had met with and had been texting V.P.’s husband. V.P. also alleged that she had received hang up calls, which V.P. alleged were from M.G., and she alleged that M.G. had driven past her house. Furthermore, V.P. alleged that on February 21, 2016, she saw her husband’s truck parked in front of a restaurant, stopped and went into the restaurant where she found M.G. talking to her husband, and then she and M.G. got Into a physical altercation.1 Additionally, V.P. alleged that, on March 20, 2016, M.G. had tipped off police to V.P.’s location so that the police could arrest V.P. on an outstanding warrant for failing to appear at a truancy hearing for her daughter. That same day, Lake Superior Court # 6 denied V.P,’s petition, finding that V.P. “ha[d] not shown, by a preponderance of the evidence, that stalking ha[d] occurred sufficient to justify the issuance of an Order for Protection.” (App. 19).

A few days later, on April 14, 2016, V.P. filed—in Lake Superior Court # 3—a second petition for a protective order against M.G. (“V.P.’s Second PO Petition”). In her petition, V.P. alleged that she was a victim of stalking based on various events that had occurred on the following dates: December 21, 2015; February 10, 2016; February 21, 2016; March 27, 2016; and March 29, 2016. Again, most of V.P.’s allegations were that M.G. had met with and had texted V.P.’s husband. V.P.’s March 27th allegation was the same as her March 20, 2016 allegation in V.P.’s First PO Petition, except for the change of date. Her March 29th allegation was that M.G. had texted V.P.’s husband. Lake Superior Court # 3 held a hearing on V.P.’s Second PO Petition on April 29, 2016, and it denied the petition, again finding that V.P. “ha[d] not shown, by a preponderance of the evidence, that stalking ha[d] oc[262]*262curred sufficient to justify the issuance of an Order for Protection.” (App. 28).

On May 6, 2016, the trial court in Lake Superior Court # 2 held a hearing on M.G.’s PO Petition. Thereafter, it entered a protective order against V.P. for the protection of M.G. for two years.

That same day, V.P. then filed—in Lake Superior Court # 2—a third petition for a protective order against M.G. (“V.P.’s Third PO Petition”). It is this petition that is at issue in this appeal. In her petition, V.P. alleged that she was a victim of stalking. Specifically, V.P. recounted the February 21, 2016 incident at the restaurant that she had included in her first and second protective order petitions. Additionally—as she had alleged in her other two protective order petitions—V.P. again alleged that M.G. had contacted police so that they could arrest V.P. on an outstanding truancy warrant; however, in this third petition, V.P. alleged that this event had occurred on February 21, 2016. V.P. also generally alleged that M.G. had been “stalking [her] home” by driving by it, calling her cell phone, and sending threatening messages to her. (App. 31). She did not include any dates for these allegations. That same day, on May 6, 2016, the trial court issued an ex parte order for protection against M.G. Thereafter, M.G. filed an objection to V.P.’s Third PO Petition and requested a hearing.

Following a continuance by V.P., the trial court held a hearing on M.G.’s objection on July 15, 2016,2 During the hearing, V.P. acknowledged that the February 2016 restaurant fight allegation3 contained in her Third PO Petition was also in her prior petitions and that it had been covered in the April 29, 2016 hearing on her Second PO Petition that had been denied by Lake Superior Court # 3. She asserted that the trial judge had denied her Second PO Petition because there had not been any other incidents outside of the February 2016 fight at the restaurant. V.P. also admitted that the other allegations contained in her Third PO Petition—including the phone calls, which were from an anonymous caller whom V.P. alleged was M.G., and the house drive-bys—were discussed in the hearing on her Second PO Petition. V.P. also acknowledged that these alleged activities had not occurred since April 29, 2016, when she had last seen M.G. in court for the hearing on V.P.’s Second PO Petition. Nevertheless, V.P. argued that the ex parte protective order should be extended based on her assertion that M.G. had been “stalking” her with phone calls and had been driving past her house. (Tr. 25). V.P. stated that she was “afraid” of M.G. and that she wanted the protective order continued because there was “no telling what [M.G.] might do[.]” (Tr. 25).

M.G. argued that V.P.’s Third PO Petition should be dismissed based on res judicata; specifically, she argued that the petition would be “collaterally estopped under the claim preclusion doctrine because all of [V.P.’s allegations had been] raised, aired, and decided upon at a prior court.” (Tr. 30). M.G. asserted that V.P. had already had “two bites at the apple” that were denied and that she “shouldn’t get a third one.” (Tr. 30). Additionally, M.G. asserted that V.P. had shown a “pattern ... moving from court to court to see who might be amenable or what court might be agreeable to provide a protective [263]*263order,” and M.G. argued that the trial court should stop this “forum shopping.” (Tr. 31).

In response to M.G.’s arguments, the trial court acknowledged the issues of res judicata and forum shopping and the fact that V.P. had already had a hearing on the allegations contained in her Third PO Petition. The trial court, however, questioned the prior courts’ judgments denying V.P.’s other protective order petitions. The. trial court stated that “it d[id]n’t know if [it] would agree” with “the previous jurists and their rationale[.]” (Tr. 34).

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Bluebook (online)
74 N.E.3d 259, 2017 WL 1506047, 2017 Ind. App. LEXIS 177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mg-v-vp-indctapp-2017.