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Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
May 25 2012, 9:18 am
of the supreme court, court of appeals and tax court

ATTORNEY FOR APPELLANT: JOHN R. McKAY Hickam & Lorenz, P.C. Spencer, Indiana

CLERK

IN THE COURT OF APPEALS OF INDIANA
CLOVIS SMITH, Appellant-Respondent, vs. ALEXANDRA RYAN, Appellee-Petitioner. ) ) ) ) ) ) ) ) )

No. 07A01-1111-PO-518

APPEAL FROM THE BROWN CIRCUIT COURT The Honorable Douglas E. Van Winkle, Magistrate Cause No. 07C01-1109-PO-441

May 25, 2012

MEMORANDUM DECISION - NOT FOR PUBLICATION

KIRSCH, Judge

Clovis Smith ("Smith") appeals from the trial court's issuance of an order for protection. Smith presents the following issue for our review: whether the trial court erred by finding and concluding that Smith was Brady disqualified.1 We affirm. FACTS AND PROCEDURAL HISTORY Smith and Alexandra Ryan ("Ryan") lived together in Owen County and are the parents of one child. On September 16, 2011, Smith and Ryan engaged in a verbal altercation during the course of which Smith waved a firearm and blocked Ryan's exit from the house. The parties summoned Smith's father, who lived next door. Smith's father spoke with both Smith and Ryan and arranged for Ryan to leave the house with the parties' minor child. On September 20, 2011 Ryan filed a petition for order of protection against Smith. A hearing was held at the conclusion of which the trial court granted the order of protection and determined that Smith was Brady disqualified. Smith now appeals. DISCUSSION AND DECISION We note at the outset that Ryan has not filed an appellee's brief. When the appellee fails to file a brief, we need not undertake the burden of developing an argument on the appellee's behalf. Trinity Homes, LLC v. Fang, 848 N.E.2d 1065, 1068 (Ind. 2006). We will reverse the trial court's judgment if the appellant's brief presents a case of prima facie error.

"Brady disqualified" means that a person is disqualified under criteria set forth in the Brady Handgun Violence Prevention Act from purchasing a firearm. 18 U.S.C.

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Indiana Law