Summary
The Rhode Island Supreme Court affirmed a Superior Court order imposing a mutual restraining order on the parties after each testified that the other had used physical force. The Court held that competent evidence supported the order and that the hearing justice did not clearly err or overlook material evidence, including photographs of the plaintiff's alleged injuries.
Topics
Practice areas
Questions Presented
- Whether the hearing justice clearly erred or overlooked material evidence by issuing a mutual restraining order without considering photographs of Pena's alleged injuries.
- Whether the Superior Court proceeding should have been classified as a criminal case and whether criminal charges should have been brought against Fort.
Holdings
- The hearing justice did not clearly err or misconceive or overlook material evidence in finding that a mutual restraining order was warranted.
- The Superior Court correctly limited the proceeding to the request for injunctive relief; whether criminal charges should be brought was a matter for the police department, not the hearing justice.
Key quotations
“When reviewing the findings of a hearing justice sitting without a jury in a civil matter, it is well settled that this Court will not disturb those findings “unless such findings are clearly erroneous or unless the trial justice misconceived or overlooked material evidence * *”” (13 A.3d at 652)
“the record indicates that competent evidence supports the [hearing] justice’s findings, we shall not substitute our view of the evidence for his [or hers] even though a contrary conclusion could have been reached.” (13 A.3d at 652)
Factual background
Pena and Fort were neighbors in the same apartment building and engaged in a physical altercation. Each testified that the other had used physical force, and Pena stated that he possessed photographs showing injuries allegedly inflicted by Fort. Based on the parties' statements, the hearing justice issued a mutual restraining order and advised that any criminal charges should be pursued through the police.
Procedural history
Pena filed a civil complaint alleging that Fort had physically assaulted him. The Superior Court issued a temporary restraining order, conducted a hearing at which both parties testified, and entered a mutual restraining order. Pena timely appealed, arguing that the hearing justice should have considered photographs of his injuries and that the matter should have been treated as a criminal case.