Ruerup v. RuerupAnnotate this Case
A mother appealed a superior court’s decision to modify a long-term domestic violence protective order against her ex-husband. The protective order was issued by a magistrate judge, based on his findings that the father had committed acts of domestic violence. But the superior court, during the parties’ subsequent and separate divorce and custody case, concluded that findings of domestic violence were not supported by the evidence. When modifying the protective order to accommodate a change in the parties’ living arrangements, the superior court also modified the order’s factual findings about domestic violence, noting its own conclusion that such findings were not justified. The mother argued the superior court erred by modifying the factual findings of domestic violence underlying an unappealed final order. The Alaska Supreme Court agreed the superior court lacked the authority to modify the factual findings on which the order was based. As such, the Supreme COurt vacated that aspect of the protective order.