Summary
The Supreme Court of North Dakota affirmed an order extending a domestic violence protection order against Mark Rath for two years. The court held that a petitioner seeking an extension need not make a second showing of actual or imminent domestic violence when the original order was issued after a merits hearing establishing that circumstance. The court concluded that Rath's violation of the original order, website postings, the parties' history, and Odden's continuing fear supported the extension.
Topics
Practice areas
Questions Presented
- Whether a petitioner seeking an extension of a domestic violence protection order must make a second showing of actual or imminent domestic violence.
- Whether the district court abused its discretion by extending the protection order based on Rath's email, website postings, the parties' history, and Odden's continuing fear.
Holdings
- When the original protection order was issued after a hearing on the merits finding actual or imminent domestic violence, the petitioner need not make a second showing of actual or imminent domestic violence to obtain an extension under N.D.C.C. § 14-07.1-02(6).
- The district court did not abuse its discretion in extending the domestic violence protection order because the evidence, considered as a whole, reasonably supported the extension.
Key quotations
“In order to obtain an extension of the protection order, the petitioner need not make a second showing of actual or imminent domestic violence.” (¶ 16)
“A petitioner's fear alone, with no other supporting facts, is not enough to justify the extension of a protection order.” (¶ 24)
Factual background
Odden and Rath had a turbulent relationship, shared a young son, and were involved in ongoing custody-related litigation. After a prior petition was dismissed, Odden obtained a domestic violence protection order following evidence that Rath had threatened and harassed her, including an incident during her pregnancy and repeated electronic communications. Before the order expired, Odden sought an extension based on Rath's continued discussion of her and the custody dispute on his website, an email sent to her, and her continuing fear that he would contact her. The district court extended the order for two years.
Procedural history
Odden obtained a one-year domestic violence protection order against Rath after a full hearing on the merits. Before the order expired, she moved for an extension, and the district court extended the order through April 15, 2008. Rath appealed, arguing that the evidence did not justify the extension. The North Dakota Supreme Court affirmed.