Zachary H. v. Teri A.
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This case involved the complicated relationship between a mother, Teri A., and her son, Zachary H. During a tense period in their relationship, Zachary H. moved out of Teri A.’s home and informed her that he did not want to have further contact. Over Zachary H.’s repeated
objections, Teri A. continued to reach out to him by mail, text message, e-mail, and by showing up to his home unannounced. Zachary H. claimed that after he moved out, Teri A. nearly ran him over with her car as he walked along the sidewalk near his residence. Following this incident, Teri A. sent Zachary H. a series of e-mails that caused him significant emotional distress. Immediately after receiving Teri A.’s e-mail referencing firearms, Zachary H. sought a domestic violence restraining order (DVRO). During the DVRO hearing, the trial court found Zachary H.’s testimony to be credible, and evidence established Zachary H. was in reasonable apprehension of imminent serious bodily harm and issued a DVRO for a period of one year, including a related firearms prohibition. Teri A. appealed, claiming the trial court abused its discretion by issuing the DVRO because it was not supported by substantial evidence and because the DVRO resulted from evidentiary errors by the trial court. She also contended the firearms prohibition violated her constitutional rights under the Second and Fourteenth Amendments to the United States Constitution. Finding no abuse of discretion, and that the firearms restriction issued in conjunction with the DVRO was constitutional.
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