Doe v. BatieAnnotate this Case
The Supreme Judicial Court vacated the judgment of the district court granting Pat Doe a protection from abuse order against Appellant on behalf of Doe's two minor children, holding that the district court erred as a matter of fact and law by finding that Appellant committed abuse within the meaning of Me. Rev. Stat. 19-A, 4002.
Doe filed a complaint for protection from abuse on behalf of his two minor children against Appellant, the children's maternal grandmother. The court issued a protection order prohibiting Appellant from having any contact with the children after determining that Appellant's actions in taking the children to Arizona and keeping them there after their mother's death constituted abuse within the meaning of the protection from abuse statute. The Supreme Judicial Court disagreed, holding that, on this record, there was insufficient evidence to support the court's finding that Appellant knowingly restricted the children's movement without consent or lawful authority to do so.