Abbey Jaquith v. Bradley Jaquith

Summary

The Iowa Court of Appeals affirmed a final domestic abuse protective order against Bradley Jaquith under Iowa Code chapter 236. The court deferred to the district court’s credibility determinations and concluded that the evidence supported finding domestic abuse, including grabbing, shoving, and spitting. The court awarded Abbey Jaquith $4,800 in appellate attorney fees and taxed costs to Bradley.

Holdings

1. The evidence, including Abbey's testimony concerning Bradley's grabbing, shoving, spitting, and other offensive conduct, supported the district court's finding by a preponderance of the evidence that Bradley committed domestic abuse.
2. The district court's credibility-based finding that Bradley committed domestic abuse was entitled to deference and was affirmed after de novo review.
3. Abbey was awarded $4,800 in appellate attorney fees, and the costs of the appeal were taxed to Bradley.

Questions Presented

1. Whether substantial evidence and the preponderance-of-the-evidence standard supported the district court's finding that Bradley committed domestic abuse under Iowa Code chapter 236.
2. Whether the district court's credibility-based determination should be upheld on de novo review.
3. Whether Abbey should receive appellate attorney fees.

Disposition

affirmed