Holm v. HolmAnnotate this Case
In the State of North Dakota, Joshua Holm appealed from a district court's decision to issue a disorderly conduct restraining order preventing him from contacting Heidi Holm for six months. The couple's marriage had deteriorated and they agreed to separate; however, Heidi alleged that Joshua had taken money from her safe and joint checking accounts, attempted to force her into sex, and had weapons, causing her to fear him. The Supreme Court of North Dakota reversed the decision, stating that the district court had abused its discretion by issuing the restraining order without finding that Joshua intended to adversely affect Heidi's safety, security, or privacy. The court noted that while Joshua had admittedly visited the marital home against Heidi’s wishes, this alone did not establish reasonable grounds for a restraining order. The court concluded that Heidi, as the petitioner, bore the burden of proving Joshua acted with adverse intent, which she failed to do. The restraining order was, therefore, reversed.