Lenton v. Lenton

Summary

The Supreme Court of North Dakota reviewed a two-year domestic violence protection order issued against Lance Lenton. The court held that, considering the parties' relationship history and evidence of prior physical abuse, Lance's conduct and threats were sufficient to place Tina in fear of imminent physical harm. The court affirmed the protection order.

Holdings

1. The district court did not clearly err in finding that Lance Lenton's conduct, considered together with the parties' relationship history and evidence of past physical violence, placed Tina Lenton in fear of imminent physical harm; the protection order was therefore supported by sufficient evidence.
2. When domestic violence is based on fear rather than actual physical harm, the fear must be fear of imminent physical harm; a protection order may not be based solely on fear of actual physical harm that might occur at some indefinite time in the future.

Questions Presented

1. Whether sufficient evidence supported the finding of actual or imminent domestic violence and the issuance of a two-year domestic violence protection order.
2. Whether the statutory definition of domestic violence permits issuance of a protection order based solely on fear of physical harm that may occur at an indefinite future time, rather than fear of imminent physical harm.

Disposition

affirmed