Skadberg v. Skadberg

Summary

The Supreme Court of North Dakota affirmed a disorderly conduct restraining order issued against Todd Skadberg based on repeated harassing and hang-up telephone calls to his ex-wife. The court held that reasonable grounds supported the order and that the district court conducted a full hearing by considering affidavits and permitting cross-examination. The court also concluded that the order did not unreasonably restrict Todd's visitation with his daughter.

Holdings

1. Reasonable grounds existed to issue the restraining order because the evidence of repeated, late-night and hang-up telephone calls, together with their harassing and intimidating character, was sufficient for a person of reasonable caution to believe that disorderly conduct had occurred.
2. The district court conducted the full hearing required by N.D.C.C. § 12.1-31.2-01 by considering both parties' affidavits and allowing Todd to cross-examine Sonja, even though Todd did not testify himself.
3. The restraining order did not unreasonably restrict Todd's visitation or access to his daughter because it did not alter the visitation provisions of the divorce judgment and only specified where visitation exchanges would occur.

Questions Presented

1. Whether reasonable grounds supported issuance of the disorderly conduct restraining order.
2. Whether the district court provided the full hearing required by N.D.C.C. § 12.1-31.2-01 when it considered affidavits and allowed cross-examination but Todd did not testify.
3. Whether the restraining order unreasonably restricted Todd's visitation and access to his daughter.

Disposition

affirmed