Skip to main content
Iowa Judicial Branch
Main Content

Case No. 19-0574

M.W. v. J.W.

M.W., on behalf of B.W.,





Attorney for Appellant

Alexander S. Momany and Mark D. Fisher

Attorney for Appellee

Jamie A. Splinter

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jul 22, 2020

            Appeal from the Iowa District Court for Linn County, Jason D. Besler, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  Special Concurrence by Vaitheswaran, P.J.  (9 pages)

            A mother appeals the denial of a protective order prohibiting a father from contacting the parties’ minor child due to alleged sexual abuse.  OPINION HOLDS: We find substantial evidence supporting the district court’s determination that the mother did not prove by a preponderance of the evidence that the father sexually abused the child.  Accordingly, we affirm the district court’s ruling denying the Iowa Code chapter 236A (2019) protective order.  We deny the father’s request for appellate attorney fees, as the father has cited no persuasive authority permitting us to honor that request.  SPECIAL CONCURRENCE ASSERTS: I specially concur only to highlight my concern with the play therapist’s testimony.  In my view, her improper credibility opinion further diminishes her testimony.

© 2024 Iowa Judicial Branch. All Rights Reserved.