Sunday, July 23, 2006
In its second review growing out of a domestic violence protective order, the Supreme Court of North Dakota holds that:
While the statute governing issuance of domestic violence protection orders speaks of "amending" an existing protection order, that term permits the court to extend the term of an order.
An order can be extended even after it expires if the request for the extension is filed before the expiration of the order.
A stipulated order can be extended beyond its agreed upon time limit.
The court also concluded that the trial court did not err in taking judicial notice of evidence of domestic violence from the couple's divorce action, and further noted that even if this were error, it would be harmless as the court had ample independent evidence of the danger to petitioner to support the protective order and its extension.
Frisk v. Frisk, 2006 ND 165 (July 21, 2006)
Opinion on web (last visited July 23, 2006 bgf)