Wishnatsky v. Huey, 1997 ND 35

560 N.W.2d 878

 

RULE:

Reasonable grounds exist for obtaining a restraining order under N.D. Cent. Code § 12.1-31.2 when the facts and circumstances presented to the judge are sufficient to warrant a person of reasonable caution to believe that acts constituting disorderly conduct have been committed. 

FACTS:


Appellant in his petition for a disorderly conduct restraining order alleged that appellee in one incident threw his body weight against a door and forced appellant out of an office. In another incident, appellant saw appellee confront another individual and allegedly experienced severe physical and emotional effects. The trial court denied the request for a temporary restraining order. Appellant then filed an amended petition for a restraining order, combining it with a complaint for damages against appellee for assault and intentional infliction of emotional distress. The trial court dismissed the petition. On appeal, the court affirmed the trial court's judgment in favor of appellee

ISSUE:

Did the trial court err in denying the temporary disorderly conduct restraining order?

ANSWER:

No.

CONCLUSION:

The court held that appellant did not raise reasonable grounds for a restraining order against appellee under N.D. Cent. Code § 12.1-31.2. Reasonable grounds existed if facts and circumstances were presented sufficient to warrant a person of reasonable caution to believe that acts constituting the offense of disorderly conduct had been committed. In the instant case appellant did not demonstrate in his petition a pattern of intimidation by appellee or that appellee was stalking or seeking to harass appellant.

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