holding that a single incident of domestic violence in a child's presence may support a CHINS finding, and it need not necessarily be repetitive
How later courts described this case
- holding that a single incident of domestic violence in a child's presence may support a CHINS finding, and it need not necessarily be repetitive
- stating that a single incident of Court of Appeals of Indiana | Opinion 24A-JC-70 | September 4, 2024 Page 10 of 13 domestic violence in a child’s presence may support a CHINS finding
- noting that, although there were no further reported cases of violence when the trial court issued its CHINS finding, that “by no means proves that … the domestic violence problems had been solved”
- noting that, in CHINS cases, a child may be “endangered” even if the child is not actually “physically or emotionally harmed”
Written by the judges who cited it.
The opinion
ROBB, Chief Judge,
concurring with opinion.
I believe the trial court was precariously close to crossing the line of acceptable intervention into the course of these proceedings. Had the evidence of A.N.’s impermissible contacts not been so strong, the trial court’s actions may have been enough to compromise the parties’ rights to a fair trial. However, because the evidence that A.N. violated the protective order is overwhelming, I agree that the trial court’s contempt order should be affirmed.