B.S., et al. v. Lopez-Rangel

Summary

The North Dakota Supreme Court reviewed a domestic violence protection order issued against Carlos Lopez-Rangel. The court affirmed the order protecting B.S., reversed the inclusion of the parties' children because the findings did not establish domestic violence against them, and reversed and remanded the unlimited-duration provision for additional findings and a reasonable duration.

Holdings

1. A petitioner seeking a domestic violence protection order must prove actual or imminent domestic violence against the protected family or household member by a preponderance of the evidence. Evidence that domestic violence was committed against one parent, without evidence that the children experienced actual or imminent domestic violence, does not support including the children as protected parties.
2. Although a domestic violence protection order may be effective indefinitely, its duration must be reasonable under the facts of the particular case, and the district court must make sufficiently specific findings explaining the basis for the duration.

Questions Presented

1. Whether the district court properly included the parties' children as protected parties in the domestic violence protection order when the evidence did not show that domestic violence was committed against or observed by the children.
2. Whether the district court abused its discretion by imposing an unlimited duration for the domestic violence protection order without sufficiently specific findings explaining the duration.

Disposition

reversed_and_remanded