Linda N. v. William N.
Annotate this CaseMother, on behalf of her minor child, filed a petition for a domestic abuse protection order against Father. The district court issued an ex parte domestic abuse protection order. The evidence against Father included text messages with vulgar language and name calling. Upon a show cause hearing on the ex parte order, the district court upheld its domestic abuse protection order. Both parties appealed. The Supreme Court reversed, holding (1) the district court incorrectly granted a domestic abuse protection order, as Father’s conduct did not fit within the statutory definition of “abuse”; and (2) because the case was tried on the domestic abuse theory, Mother could not change to a harassment theory on appeal.
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