Lenton v. Lenton
v.
Lance Lenton, Respondent and Appellant
Judge John C. McClintock, Jr.
| Appellant: | Jennifer Marie Stanley | |
| Appellee: | Michael S. McIntee |
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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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