North Dakota v. KennyAnnotate this Case
In 2018, a district court referee entered two temporary disorderly conduct restraining orders against Donna Kenny, which were sought by two of her neighbors. The neighbors lived in the same five-unit condominium complex. A deputy sheriff served Kenny with the orders on the same day. The orders prohibited Kenny from having any physical contact with or coming within 100 feet of the two neighbors. A hearing on the temporary orders was scheduled for October 8, 2018. On September 28, 2018, Kenny approached the two neighbors at a backyard fire to ask who had parked in her spot in the common parking lot of the condominium complex. According to the neighbors, they advised Kenny she was not allowed to speak to them. Both neighbors testified that Kenny replied with either “shove it up your ass” or “stick it up your ass.” The neighbors called the police, and Kenny was arrested for violating the restraining orders. The North Dakota Supreme Court found N.D.C.C. 12.1-31.2-01(5) did not violate Kenny’s constitutional right to due process, N.D.C.C. 12.1-31.2-01 was not unconstitutionally overbroad, and sufficient evidence existed to convict her of violating the disorderly conduct restraining orders.