Skip to main content
Iowa Judicial Branch
Main Content

Case No. 20-1375

R.M.
v.
D.S.

Appellee

R.M.

Appellant

D.S.

Attorneys for Appellee

Sonci Kingery

Attorneys for Appellant

Nina Forcier

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-1375
Date Published:
Oct 06, 2021
Summary

            Appeal from the Iowa District Court for Buchanan County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED.  Heard by Tabor, P.J., and Greer, and Badding, JJ.  Opinion by Tabor, P.J.  (19 pages)

            D.S. appeals the imposition of a protective order for relief from sexual abuse under Iowa Code chapter 236A (2020).  The fourteen-year-old protected person did not testify at the hearing.  So D.S. argues the evidence provided by the protected person’s mother and a nurse practitioner was hearsay and improper vouching.  D.S. also argues the court admitted a photograph of a Snapchat message without proper foundation.  And he argues there was not enough evidence to justify the protective order.  OPINION HOLDS: We find the court did not err or abuse its discretion in its evidentiary rulings.  And we agree there is substantial evidence to support the court’s conclusion a protective order was warranted.  So we affirm.

© 2022 Iowa Judicial Branch. All Rights Reserved.