Albertson v. Albertson
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In the State of North Dakota, the Supreme Court was asked to review a lower court's decision to grant a disorderly conduct restraining order. The petitioner, Hattie Albertson, had filed for this restraining order against the respondent, Trent Albertson. The District Court of Bottineau County had granted the restraining order in favor of Hattie Albertson and their minor child, C.W.A., for a period of one year. This decision was appealed by Trent Albertson, and the Supreme Court retained jurisdiction and remanded the case to the lower court for more detailed findings. Upon review of these additional findings, the Supreme Court affirmed the lower court's decision to maintain the restraining order.
The lower court had found that Trent Albertson had made multiple threatening phone calls over two days, including threats of violence against a friend of the minor child and towards the child as well. These threats and the respondent's actions, including attempting to forcefully enter Hattie Albertson's home, led her to leave the home out of fear. The Supreme Court agreed with the lower court's decision, finding the evidence and testimony presented sufficient to believe that acts constituting disorderly conduct had been committed.
Trent Albertson had argued on appeal that the restraining order effectively modified a residential responsibility schedule without necessary hearings and considerations. However, the Supreme Court declined to address this argument as it was raised for the first time on appeal, and had not been presented to the lower court for consideration. The Supreme Court concluded that the district court did not abuse its discretion in granting the disorderly conduct restraining order and affirmed the decision.
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