Root v. Toney
Annotate this CasePlaintiff fled her home in Decatur County to escape Defendant, her abusive husband. Plaintiff found a safe house in Howard County and filed for an order of protection within two days of her arrival. After Defendant unsuccessfully moved to transfer venue from Howard County to Decatur County, the trial court entered the protective order. Defendant filed his notice of appeal thirty-one days later, as the county clerk's public window had closed at 2:30 p.m. the previous day pursuant to a order of the Supreme Court. The Supreme Court affirmed the venue ruling and protective order entered by the district court, holding (1) the court order closing the clerk of the court's public window at 2:30 p.m. triggered Iowa Code 4.1(34) to allow a one-day extension of the deadline to file a notice of appeal; and (2) Plaintiff satisfied the residency requirement for venue under Iowa Code 236.3(1) to obtain a domestic abuse protective order in Howard County.
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