Judstra v. Donelan

Summary

The Supreme Court of South Dakota reviewed a stalking protection order restraining Michael Donelan from contacting Patricia Judstra. The court held that the trial court had not entered adequate findings of fact and conclusions of law to permit meaningful appellate review, particularly given conflicting evidence and reliance on proceedings from an earlier hearing. The protection order was reversed and the matter was remanded for additional findings and conclusions.

Holdings

1. A trial court granting a stalking protection order must enter sufficiently specific findings of fact and conclusions of law identifying the evidence it credits and explaining how that evidence satisfies the statutory elements of stalking; absent such findings, meaningful appellate review is impossible.
2. The protection order could not be affirmed on the existing record because the trial court's findings were inadequate and the record did not permit review of whether stalking had occurred.

Questions Presented

1. Whether the trial court erred in granting a stalking protection order when it failed to enter adequate findings of fact and conclusions of law addressing the conflicting evidence and statutory elements of stalking.

Disposition

reversed_and_remanded