N B v. L B

CourtIndiana Court of Appeals
DecidedFebruary 12, 2025
Docket24A-PO-01856
StatusPublished

This text of N B v. L B (N B v. L B) 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
N B v. L B, (Ind. Ct. App. 2025).

Opinion

IN THE

Court of Appeals of Indiana N.B., FILED Appellant-Respondent Feb 12 2025, 8:42 am

CLERK Indiana Supreme Court v. Court of Appeals and Tax Court

L.B., Appellee-Petitioner

February 12, 2025 Court of Appeals Case No. 24A-PO-1856 Appeal from the Daviess Circuit Court The Honorable Gregory Smith, Judge Tonya Hosford, Referee Trial Court Cause No. 14C01-2402-PO-173

Opinion by Judge May Judges Tavitas and DeBoer concur.

May, Judge.

Court of Appeals of Indiana | Opinion 24A-PO-1856 | February 12, 2025 Page 1 of 11 [1] N.B. appeals the trial court’s grant of a two-year order of protection to L.B.

under the Indiana Civil Protection Order Act (“CPOA”) based on a finding that

N.B. stalked and harassed L.B. He presents two arguments, which we restate

as:

1. Whether the trial court violated N.B.’s right to due process when it failed to hold a hearing within thirty days from the date his motion for hearing on the ex parte order of protection against him; and

2. Whether the record contains sufficient evidence to support the trial court’s grant of a two-year order of protection to L.B.

We affirm.

Facts and Procedural History [2] N.B. and L.B. began a romantic relationship in September 2022. In March

2023, the couple got engaged. However, in the midst of an argument on a trip

to Louisville in August or September 2023, N.B. told L.B. that he would kill

himself and her if she ended the relationship (hereinafter “the 2023 incident”).

L.B. felt “intimidated . . . scared . . . [and] threatened[.]” (Tr. Vol. II at 8.)

After the 2023 incident, the relationship was “pretty okay[.]” (Id. at 19.) In

November 2023, L.B. discovered she was pregnant. N.B. attended doctor’s

appointments with L.B. until January 2024. The couple took “pictures together

with the ultrasound picture[.]” (Id.) Also in January 2024, the couple went on

a nine-day cruise.

Court of Appeals of Indiana | Opinion 24A-PO-1856 | February 12, 2025 Page 2 of 11 [3] On February 15, 2024, L.B. told N.B. that she wanted to end the relationship.

After that date, N.B. called L.B. several times and messaged her on social

media. L.B. told N.B. she did not want to communicate with him. She

stopped responding around February 18, 2024. On February 18, 2024, N.B.

told L.B. he was going to call the Indiana Department of Child Services

(“DCS”), and DCS would place L.B. “on a three-day hold, a psych eval and

[her] baby would be taken out of [her].” (Id. at 8.) This call made L.B. feel

“terrorized[.]” (Id. at 21.) On February 19, 2024, L.B. blocked N.B.’s phone

number and his ability to contact her via social media.

[4] On February 28, 2024, N.B. contacted L.B. via a phone number for which

caller identification was blocked and told her he was going to call the police on

her and she would be arrested. He told her “he was personally going to go to

the Courthouse and ensure that these things would be done[.]” (Id. at 8.) L.B.

believed he would do so because N.B. was a law enforcement officer.

[5] That same day, L.B. filed for a protective order against N.B. based on the 2023

incident and the two calls in February 2024. She alleged N.B. “placed [her] in

fear of physical harm . . . committed stalking against her . . . [and] committed

repeated acts of harassment against [her].” (App. Vol. II at 9.) On February

29, 2024, the trial court granted an ex parte order for protection that prohibited

N.B. from contacting L.B., after finding “stalking has occurred sufficient to

justify the issuance of this order.” (Id. at 21.) On March 8, 2024, N.B. filed a

motion for hearing on the ex parte protective order. The trial court set a

hearing regarding L.B.’s petition for an order of protection for April 9, 2024.

Court of Appeals of Indiana | Opinion 24A-PO-1856 | February 12, 2025 Page 3 of 11 [6] At the beginning of the hearing, during a discussion of the public nature of the

hearing, N.B. notified the trial court “this hearing is being held outside the

thirty-day limit.” (Tr. Vol. II at 5.) The trial court ruled on the public hearing

portion of the argument, but did not respond to N.B.’s statement about the

hearing’s timing. At the end of L.B.’s testimony, N.B. moved for a summary

dismissal and argued his comments did not meet the qualifications for

harassment and/or stalking. The trial court denied N.B.’s motion, took the

matter under advisement, and asked the parties to submit proposed findings. 1

On July 5, 2024, the trial court granted L.B.’s request for a permanent order of

protection against N.B. that would expire on February 28, 2026.

Discussion and Decision [7] As an initial matter, we note L.B. chose not to file an appellee’s brief. “Under

such circumstances, we will not develop an argument for the appellees but

instead will reverse the trial court’s judgment if the appellant’s brief presents a

case of prima facie error.” Inspire Outdoor Living v. Norris, 193 N.E.3d 428, 430

(Ind. Ct. App. 2022). Prima facie “means at first sight, on first appearance, or

on the face of it.” Id. (internal quotation marks omitted).

[8] N.B. argues he was denied due process when the trial court did not hold a

hearing within the time required by statute. “The fundamental requirement of

1 On July 3, 2024, the trial court held a status conference hearing. No transcript thereof has been provided, and the Chronological Case Summary does not indicate what was discussed at this hearing.

Court of Appeals of Indiana | Opinion 24A-PO-1856 | February 12, 2025 Page 4 of 11 due process is the opportunity to be heard at a meaningful time and in a

meaningful manner.” NOW Courier, Inc. v Review Bd. of Ind. Dept. of Workforce

Dev., 871 N.E.2d 384, 387 (Ind. Ct. App. 2007). As the issue of whether a party

was denied due process is a question of law, we review these arguments de

novo. Id.

[9] According to N.B., the trial court was required to hold a hearing on L.B.’s

petition for a protective order within thirty days pursuant to Indiana Code

section 34-26-5-9(b), which states, in relevant part:

(b) If it appears from a petition for an order for protection or from a petition to modify an order for protection that harassment has occurred, a court:

(1) may not, without notice and a hearing, issue an order for protection ex parte or modify an order for protection ex parte; but

(2) may, upon notice and after a hearing, whether or not a respondent appears, issue or modify an order for protection.

A court must hold a hearing under this subsection not later than thirty (30) days after the petition for an order for protection or the petition to modify an order for protection is filed.

That subsection precludes a trial court from entering an ex parte order and

requires a trial court to hold a hearing within thirty days of the filing of the

petition for protective order. It applies when a petition alleges only harassment,

which is not what happened herein. Court of Appeals of Indiana | Opinion 24A-PO-1856 | February 12, 2025 Page 5 of 11 [10] Instead, the trial court issued an ex parte protective order and enjoined further

threatening or stalking by N.B. “under the authority of Indiana Code § 34-26-5-

9(c)” because “stalking has occurred[.]” (App. Vol. II at 21.) Subsection 34-26-

5-9(c) lists forms of relief the trial court may grant “without notice and hearing

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Bluebook (online)
N B v. L B, Counsel Stack Legal Research, https://law.counselstack.com/opinion/n-b-v-l-b-indctapp-2025.