June 14, 2011

In Muneer v. Muneer, ___ N.E.2d ___ (Ind. Ct. App. 2011), Cause No. 32A01-1012-PO-658, the Indiana Court of Appeals held that a respondent to a civil protection order is not entitled to transfer venue if the petition was brought in the county of the petitioner's residence. Although the respondent's county of residence was a preferred venue, IC § 34-26-5-4(b) described 3 preferred venues: 1) the county in which the petitioner resides; 2) the county in which the respondent resides; or 3) the county in which the domestic or family violence occurred. As long as the action is filed in one of those counties, the trial court did not err in refusing to transfer the case.

This decision makes imminent sense, as it helps prevent persons entitled to a civil protection order from being further controlled by those that may be abusing them. It also clarifies that there is no preference among preferred venues.