Jana Gehrke v. Chad Gehrke

Summary

The Maine Supreme Judicial Court affirmed a two-year extension of a protection from abuse order protecting Jana Gehrke and the parties’ children. The court held that evidence of abuse predating the original order could be considered in determining whether an extension was necessary under 19-A M.R.S. § 4007(2). It also held that the temporary restriction on Chad Gehrke’s parental rights was narrowly tailored to serve the State’s compelling interest in protecting children from abuse and did not violate due process.

Holdings

1. When a party moves to extend an existing protection from abuse order before it expires, the court may consider the underlying history of abuse, including abuse predating the initial order, in determining whether additional protection is necessary under 19-A M.R.S. § 4007(2).
2. An extension of a protection from abuse order that temporarily restricts a parent's contact with his children does not violate due process when entered after a finding of statutory abuse and when the statutory scheme and particular order are narrowly tailored to serve the compelling state interest of protecting children from abuse and harm.

Questions Presented

1. Whether a court deciding whether to extend an existing protection from abuse order may consider evidence of abuse that occurred before the initial order was entered.
2. Whether extending the protection from abuse order and temporarily restricting Chad Gehrke's contact with his children violated his constitutionally protected parental rights and due process.

Disposition

affirmed