Lenton v. Lenton
Tina Lenton, Petitioner and Appellee
Lance Lenton, Respondent and Appellant
Northeast Judicial District,
Judge John C. McClintock, Jr.
|Nature of Action:||Other (Civil)|
|Term:||03/2010  Argument: 03/11/2010|
|ND cite:||2010 ND 125|
784 N.W.2d 131
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
Whether a comment made in an argument between husband and wife regarding possible future consequences qualifies as domestic violence.
Whether the issuance of two previous restraining orders (which were both dismissed) provide an "indication of past behavior. or substantiate claims of past physical and verbal abuse."
Appellee's Statement of the Issues:
1. Is it reversible error for a trial court to make a finding of domestic violence when a husband's threatens his wife in a divorce dispute, that if she did not return a child to him wherein there was no court order for custody, that she 'would get what's coming to her' and that during the same tirade, he stated that if she returned to the marital home she 'wouldn't walk off the property alive', coupled with other testimony of past abuse?
2. May a trial court, in a domestic violence protection case consider the dismissal of two prior protection orders, one of which was by agreement of the parties that the Defendant would cease drinking and get counseling, and did not comply with that agreement, coupled with the testimony of past physical abuse, as an indication of past behavior and verbal abuse, wherein additional available evidence of the past abuse was prevented by the Defendant from being presented at hearing.
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|1||10/13/2009 NOTICE OF APPEAL: 10/08/2009|
|2||10/13/2009 ORDER FOR TRANSCRIPT: 10/08/2009|
|3||11/09/2009 RECORD ON APPEAL (Not rec'd: 10--steno notes)|
|4||11/20/2009 TRANSCRIPT DATED September 16, 2009 & C.O.S.|
|5||11/24/2009 DISK - TRA 9-16-09 (e-mailed)|
|6||12/30/2009 APPELLANT BRIEF (e-filed)|
|7||12/30/2009 E-FILED BRIEF (ATB)|
|8||12/30/2009 APPELLANT APPENDIX (e-filed)|
|9||12/30/2009 E-FILED APPENDIX (ATA)|
|10||12/31/2009 Received $25 surcharge for ATB (Receipt #19288)|
|11||01/06/2010 Received 7 copies of ATB from CSD|
|12||01/06/2010 Received 6 copies of ATA from CSD|
|13||01/28/2010 APPELLEE BRIEF|
|14||01/28/2010 DISK - AEB|
|15||01/28/2010 APPELLEE APPENDIX|
|16||02/16/2010 NOTICE OF ORAL ARGUMENT SENT|
|17||03/11/2010 APPEARANCES: Jennifer M. Stanley/Michael S. McIntee|
|18||03/11/2010 ARGUED: Stanley/McIntee|
|19||03/11/2010 ORAL ARGUMENT WEBCAST|
|20||06/30/2010 DISPOSITION: AFFIRMED|
|21||06/30/2010 UNANIMOUS OPINION: Sandstrom, Dale V.|
|22||06/30/2010 Costs on appeal taxed in favor of appellee.|
|24||08/06/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|25||09/14/2010 Corrected/Substitute Opinion Page|