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Case No. 19-0626

Katherine Henderson
v.
Matthew Mullenix

Appellee

Katherine Henderson

Appellant

Matthew Mullenix

Attorneys for Appellee

Katherine Henderson, self-represented

Attorneys for Appellant

David A. Morse

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0626
Date Published:
Mar 04, 2020
Summary

            Appeal from the Iowa District Court for Appanoose County, Daniel P. Wilson, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Matthew Mullenix appeals a final domestic abuse protective order issued under Iowa Code chapter 236 (2019).  Mullenix argues insufficient evidence supported the district court’s determination he committed an assault under Iowa Code section 708.1.  OPINION HOLDS: Threatening text messages, voice mail messages, and letters did not constitute an assault and no in-person threats were established, so there is insufficient evidence to support the district court’s finding Mullenix committed an assault.  We reverse and remand for dismissal of the petition for relief from domestic abuse.

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