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Dixon & Moseley | Attorneys At Law
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  5. Breaking News, What You Need To Know: Indiana Court Of Appeals Affirms Denial Of Protective Order For Alleged “Sex Offense”

Breaking News, What You Need To Know: Indiana Court Of Appeals Affirms Denial Of Protective Order For Alleged “Sex Offense”

On Behalf of Dixon & Moseley, P.C. | May 13, 2019 | Appellate Practice, Indiana Court of Appeals

The Indiana Civil Protection Order Act (“ICPOA”)1 was enacted to protect victims of domestic or family violence and promote the prevention of future domestic and family violence2. The Act allows victims to file for an order of protection against members of their own household who have committed domestic or family violence. The Act also allows victims to file for an order of protection against individuals who have committed stalking or a sex offense against the victim. While it is extremely important to protect all victims, it is also important to protect individuals falsely accused of offenses warranting an order of protection or where the movant cannot meet the civil burden of proof for the protective order. Many understand the power of human emotion. When individuals find themselves upset, hurt, or angry with another, that person’s objective view may be distorted against that other person. This reason is why courts must be cautious in granting protective orders, and closely examine the facts of each independent case to ensure that this is, in fact, an order for protection matter, not an order reactive to poor judgment or incorrect recollection. This blog addresses the discretion given to a trial court judge hearing a protective order request (or a jury in criminal cases) to determine if sex was consensual because of alcohol use (intoxicated people generally cannot provide lawful consent for sexual encounters).

The Indiana Court of Appeals recently discussed this delicate balancing act judges must follow in V.E. v. A.S.3. In V.E., affirming the trial court’s denial of an order for protection for lack of evidence. The facts of the case are as follows: V.E., in her late 20’s, and A.S., in his early 20’s, were in a club together and attended some social events together. One night, V.E. had members of the club, including A.S., over to her house, which she shared with her mother. After the other members had left, V.E. and A.S. began engaging in sexual intercourse. This continued until they were interrupted by V.E.’s mother. The following day, V.E. sent A.S. a series of text messages, where V.E. first admitted to initiating the sexual contact. V.E.’s texts then became accusatory and blamed A.S. for taking advantage of her while she was drunk. V.E. filed for an order of protection, alleging that A.S. committed stalking and a sex offense against her. During the bench trial, V.E.’s testimony differed from that of A.S. and her mother. Furthermore, V.E.’s testimony contained several contradictions. In denying V.E.’s order for protection, the trial court determined that V.E. had not “shown, by a preponderance of the evidence, that . . . a sex offense has occurred sufficient to justify the issuance of an Order for Protection.”

In affirming the trial court’s denial of an order for protection, the Court of Appeals noted that they do not reweigh the evidence of the case but examine whether the trial court’s decision was clearly erroneous. V.E., on appeal, was arguing that the trial court erroneously erred, because “the undisputed evidence in this case is that the parties engaged in sexual intercourse at the time when [V.E.] was very drunk.” The Court of Appeals refused to accept this argument, stating that it “is not undisputed” that V.E. was very drunk. The Court of Appeals pointed out the contradictory evidence presented at trial relating to the amount of alcohol consumed that night and V.E.’s level of drunkenness. The Court found that V.E.’s claims on appeal “effectively amount[ed] to an invitation for this court to reassess her credibility and reweigh the evidence, which we will not do.”

The importance of this case is that it illustrates the crucial impact of a trial court’s decision as it observes all the verbal and non-verbal acts of the parties. An appellate court generally gives deference to the trial court’s factual decision, and barring some blatant violation of common sense, will not reverse simply because it could have decided the case differently. Knowing the status of developments in the law is the key, as well as being an engaged citizen in our participatory system of government. This blog post on a key new case was written by attorneys at Dixon & Moseley, P.C. who handle protective order cases and appeals of protective orders throughout the state. Knowing the law is key to being an engaged citizen. Having counsel current on the latest developments in law provides you with the best defense. This blog is written for educational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.

  • Code 34-26-5 et. al.
  • Code 34-26-5-1.
  • V.E. v. A.S., 18A-PO-1226 (Ind.Ct.App.2018, November 14, 2018).
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    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

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    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

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    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

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    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

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    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

    What Happens to the House in an Indiana Divorce?

    On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

    Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

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    On Behalf of Dixon & Moseley, P.C. | Apr 21, 2026 | Uncategorized

    Retirement accounts are generally considered marital property to the extent that were earned during marriage. Although retirement funds that accumulated before the marriage are not automatically excluded from the marital property, they can affect how the marital property is divided. 401(k)s and employer-sponsored retirement plans are divided using a Qualified Domestic Relations Order (QDRO), which is a court order directing…

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    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
    • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)
    • Failure to Object: When Is an Issue Waived?

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