What is a summons concerning 'invasion of privacy' with a court appearance?
Full Question:
Answer:
Invasion of privacy is the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded. It encompasses workplace monitoring, Internet privacy, data collection, and other means of disseminating private information. A non-public individual has a right to privacy from: a) intrusion on one's solitude or into one's private affairs; b) public disclosure of embarrassing private information; c) publicity which puts him/her in a false light to the public; d) appropriation of one's name or picture for personal or commercial advantage.
In a lawsuit or administrative dispute, a complaint is the initial document filed with the court or other authority by a person or entity claiming legal rights against another. Complaints must properly state the factual as well as legal basis for the claim. A complaint also must follow statutory requirements, which vary by jurisdiction. When the complaint is filed, a copy of the complaint and the summons must be served on a defendant before a response is required.
A summons is a paper issued by a court informing a person that a complaint has been filed against her. It may be served by a sheriff or other authorized person for service of process, called a process server. The summons states the name of both plaintiff and defendant, the title and file number of the case, the court and its address, the name and address of the plaintiff's attorney, and instructions on how to file a required response to the complaint within a certain time (such as 30 days after service), usually with a form on the back on which information of service of summons and complaint is to be filled out and signed by the process server. A copy of the summons must be served on each defendant at the same time as the complaint to start the time running for the defendant to answer. After service to the defendants, the original summons, along with the "return of service" proving the summons and complaint were served, is filed with the court to show that each defendant was served. An alias summons is a second summons and a pluries summons is a subsequent summons.
The following are Indiana statutes:
IC 35-46-1-15.1 A person who knowingly or intentionally violates:
A person who knowingly or intentionally violates:
(1) a protective order to prevent domestic or family violence issued
under IC 34-26-5 (or, if the order involved a family or household member,
under IC 34-26-2 or IC 34-4-5.1-5 before their repeal);
(2) an ex parte protective order issued under IC 34-26-5 (or, if the
order involved a family or household member, an emergency order issued
under IC 34-26-2 or IC 34-4-5.1 before their repeal);
(3) a workplace violence restraining order issued under IC 34-26-6;
(4) a no contact order in a dispositional decree issued under
IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or IC 31-6-4-15.4 or
IC 31-6-4-15.9 before their repeal) or an order issued under IC 31-32-13
(or IC 31-6-7-14 before its repeal) that orders the person to refrain from
direct or indirect contact with a child in need of services or a
delinquent child;
(5) a no contact order issued as a condition of pretrial release,
including release on bail or personal recognizance, or pretrial diversion;
(6) a no contact order issued as a condition of probation;
(7) a protective order to prevent domestic or family violence issued
under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2 before their repeal);
(8) a protective order to prevent domestic or family violence issued
under IC31-14-16-1 in a paternity action;
(9) a no contact order issued under IC 31-34-25 in a child in need of
services proceeding or under IC 31-37-25 in a juvenile delinquency
proceeding;
(10) an order issued in another state that is substantially similar to an
order described in subdivisions (1) through (9);
(11) an order that is substantially similar to an order described in
subdivisions (1) through (9) and is issued by an Indian:
(A) tribe;
(B) band;
(C) pueblo;
(D) nation; or
(E) organized group or community, including an Alaska Native village or
regional or village corporation as defined in or established under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
that is recognized as eligible for the special programs and services
provided by the United States to Indians because of their special status as
Indians;
(12) an order issued under IC 35-33-8-3.2; or
(13) an order issued under IC 35-38-1-30; commits invasion of privacy, a
Class A misdemeanor. However, the offense is a Class D felony if the person
has a prior unrelated conviction for an offense under this section.
IC 35-38-1-30 A sentencing court may require that, as a condition of a....
A sentencing court may require that, as a condition of a person's
executed sentence, the person shall refrain from any direct or indirect
contact with an individual.
