Niska v. Falconer
|
| 20120252 |
Bridget Niska, Petitioner and Appellee
v.
William Falconer, Respondent and Appellant
|
| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Referee Wayne D. Goter |
|
Nature of Action: |
Other (Civil)
|
| Counsel: |
|
| Term: |
10/2012 Argument: 10/11/2012 09:00am
|
| ND cite: |
2012 ND 245
|
| NW cite: |
824 N.W.2d 778
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| Issues: |
Appellant's Statement of the Issues:
Whether the trial court's finding that the respondent was the perpetrator of domestic violence warranting the necessity for protection is clearly erroneous and should be set aside?
A. The incident of violence occurred over seven years ago.
B. The incident of violence was in self-defense.
C. The factors surrounding the issuance of the order establish that the petitioner used the process to thwart the respondent's visitation with his child and as a means to abuse and punish him based on a failing relationship without any evidence to
support a necessity for protection.
Appellee's Statement of the Issues:
The District Court Did Not Err in Granting Petitioner Bridget Niska's Request for a Domestic Violence Protection Order.
|
|
 Add Docket 20120252 RSS
|
| 1 | | 05/29/2012 | |
NOTICE OF APPEAL: 05/25/2012 |
| 2 | | 05/29/2012 | |
ORDER FOR TRANSCRIPT: 05/25/2012 |
| 3 | | 06/22/2012 | |
ELEC. RECORD ON APPEAL DATED 06/21/2012 (ENTRY NOS.1-22) |
| 4 | | 07/03/2012 | |
MOT. EXT/TIME APPELLANT BRIEF (sua sponte; transcript preparation suspended due to non payment) |
| 5 | | 07/13/2012 | |
Court Reporter received payment for TRA |
| 6 | | 07/13/2012 | |
TRANSCRIPT DATED April 9, 2012, Redaction Key & C.O.S. |
| 7 | | 07/13/2012 | |
DISK - tra (4-9-12) (e-mailed) |
| 8 | | 07/31/2012 | |
1st ELEC. SUPP. RECORD ON APPEAL DATED 07/31/2012 (ENTRY NOS.23-26 ) |
| 9 | | 08/02/2012 | |
NOTICE OF APPEARANCE filed by R. Thomason for the Appellee |
| 10 | | 08/22/2012 | |
APPELLANT BRIEF (PDF) |
| 11 | | 08/22/2012 | |
E-FILED BRIEF (PDF) |
| 12 | | 08/22/2012 | |
APPELLANT APPENDIX |
| 13 | | 08/22/2012 | |
E-FILED APPENDIX |
| 14 | | 08/31/2012 | |
Rec'd $25 surcharge for ATB (Receipt #21482) |
| 15 | | 09/07/2012 | |
Rec'd 7 copies of ATB from CSD |
| 16 | | 09/07/2012 | |
Rec'd 6 copies of ATA from CSD |
| 17 | | 09/17/2012 | |
NOTICE OF ORAL ARGUMENT SENT |
| 18 | | 09/20/2012 | |
APPELLEE BRIEF |
| 19 | | 09/20/2012 | |
E-FILED BRIEF |
| 20 | | 09/28/2012 | |
Rec'd $25 surcharge for AEB (Receipt #21520) |
| 21 | | 09/28/2012 | |
Rec'd 7 copies of AEB from CSD |
| 22 | | 10/11/2012 | |
APPEARANCES: TaLisa Nemec/Rachel Thomason |
| 23 | | 10/11/2012 | |
ARGUED: Nemec/Thomason |
| 24 | | 10/11/2012 | |
ORAL ARGUMENT WEBCAST |
| 25 | | 11/27/2012 | |
DISPOSITION: REVERSED AND REMANDED |
| 26 | | 11/27/2012 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 27 | | 11/27/2012 | |
Costs on Appeal in favor of Appellant |
| 28 | | 11/28/2012 | |
Judgment Sent to Parties |
| 29 | | 01/03/2013 | |
MANDATE |
| 30 | | 01/04/2013 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |