S.W. v. D.R.

Summary

The Sixth District Court of Appeals affirmed the denial of S.W.'s motion to renew a domestic violence civil protection order and motion to show cause against D.R. The court held that S.W. failed to prove by a preponderance of the evidence that D.R. committed a new act of domestic violence or threatened domestic violence, and that any challenge to the trial court's consideration of facts from the parties' domestic-relations litigation was invited error.

Holdings

1. S.W. invited any alleged error concerning the trial court's consideration of facts from the parties' domestic-relations case because her attorney asked the court to take judicial notice of that case and stipulated that the divorce judgment and its contents could be considered.
2. Renewal of a domestic violence civil protection order requires a new finding of domestic violence or a threat of domestic violence occurring after the acts supporting the initial order.
3. The denial of renewal was not against the manifest weight of the evidence because the trial court reasonably found that S.W. failed to prove by a preponderance of the evidence that D.R. committed domestic violence or threatened domestic violence, including because the alleged statement was not shown to have been directed at S.W.

Questions Presented

1. Whether the trial court's denial of renewal of the domestic violence civil protection order was against the manifest weight of the evidence.
2. Whether the trial court improperly relied on facts from the parties' divorce litigation in denying renewal of the domestic violence civil protection order.
3. Whether S.W. established the new domestic violence or threat of domestic violence required to renew the protection order.

Disposition

affirmed