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Case No. 17-2021

June E. King
v.
Richard W. King

Appellee

June E. King

Appellant

Richard W. King

Attorney for the Appellee

Todd P. Prichard

Attorney for the Appellant

Kevin E. Schoeberl

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-2021
Date Published:
Feb 20, 2019
Summary

            Appeal from the Iowa District Court for Mitchell County, Christopher C. Foy, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Tabor, P.J.  (8 pages)

            Richard King appeals the entry of a domestic abuse protective order pursuant to Iowa Code section 236.5 (2017).  He contends the district court erred in finding by a preponderance of the evidence he committed domestic abuse assault against his wife, June King.  He also contends the district court erred in granting June exclusive possession of the marital home and ordering him to relinquish his firearms.  OPINION HOLDS: On de novo review, we conclude the preponderance of evidence in the record supported the finding Richard committed domestic abuse assault against June, warranting a chapter 236 protective order.  We further find the equities in the case pointed toward granting the marital home to June exclusively.  Finally, as the subject of a chapter 236 protective order, it is unlawful for Richard to possess firearms.  We affirm the court’s findings and ordered provisions. 

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