Mead v. Hatzenbeller
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In the State of North Dakota, a dispute arose between Carey Mead and Mark Hatzenbeller. Mead petitioned for a disorderly conduct restraining order against Hatzenbeller, citing a previous case in which Hatzenbeller had pleaded guilty to Disorderly Conduct Harassment. The petition also alleged that Hatzenbeller continued to initiate unnecessary interactions, despite a probation condition ordering no contact between him and the Meads.
The North Dakota Supreme Court upheld the lower court's decision to issue a restraining order against Hatzenbeller. The court reasoned that Hatzenbeller's previous criminal conviction for disorderly conduct was sufficient evidence to prove he engaged in disorderly conduct. The court also noted that the duration between the disorderly conduct and the restraining order was justified by the circumstances of the case, where Hatzenbeller and the Meads were neighbors in a small town.
The court rejected Hatzenbeller's claim that his right to a full hearing was violated, noting that he had the opportunity to present evidence and was cross-examined during the hearing. The court additionally dismissed Hatzenbeller's argument against including Mead's husband as a protected party in the restraining order, stating that this issue was not adequately raised in the lower court and could not be addressed on appeal.
Therefore, the court affirmed the lower court's issuance of a disorderly conduct restraining order against Hatzenbeller, upholding the inclusion of Mead's husband as a protected party in the order.
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