Lenton v. Lenton

20090294 Tina Lenton, Petitioner and Appellee
v.
Lance Lenton, Respondent and Appellant

Appeal from: District Court, Northeast Judicial District, McHenry County
Judge John C. McClintock, Jr.
Nature of Action: Other (Civil)
Counsel:
Appellant: Jennifer Marie Stanley
Appellee: Michael S. McIntee
Term: 03/2010   Argument: 03/11/2010  9:00am
ND cite: 2010 ND 125
NW cite: 784 N.W.2d 131

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
110/13/2009 NOTICE OF APPEAL: 10/08/2009
210/13/2009 ORDER FOR TRANSCRIPT: 10/08/2009
311/09/2009 RECORD ON APPEAL (Not rec'd: 10--steno notes)
411/20/2009 TRANSCRIPT DATED September 16, 2009 & C.O.S.
511/24/2009 DISK - TRA 9-16-09 (e-mailed)
612/30/2009 APPELLANT BRIEF (e-filed)
712/30/2009 E-FILED BRIEF (ATB)
812/30/2009 APPELLANT APPENDIX (e-filed)
912/30/2009 E-FILED APPENDIX (ATA)
1012/31/2009 Received $25 surcharge for ATB (Receipt #19288)
1101/06/2010 Received 7 copies of ATB from CSD
1201/06/2010 Received 6 copies of ATA from CSD
1301/28/2010 APPELLEE BRIEF
1401/28/2010 DISK - AEB
1501/28/2010 APPELLEE APPENDIX
1602/16/2010 NOTICE OF ORAL ARGUMENT SENT
1703/11/2010 APPEARANCES: Jennifer M. Stanley/Michael S. McIntee
1803/11/2010 ARGUED: Stanley/McIntee
1903/11/2010 ORAL ARGUMENT WEBCAST
2006/30/2010 DISPOSITION: AFFIRMED
2106/30/2010 UNANIMOUS OPINION: Sandstrom, Dale V.
2206/30/2010 Costs on appeal taxed in favor of appellee.
2308/04/2010 MANDATE
2408/06/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2509/14/2010 Corrected/Substitute Opinion Page

Generated from Supreme Court Docket on 10/21/2014