Rebekka Elizabeth Luebbers
v.
Gerhard Austin Luebbers
Appellee
Rebekka Elizabeth Luebbers
Appellant
Gerhard Austin Luebbers
Attorney for the Appellee
Amanda L. Elkins and Alyssa C. Pomponio
Attorney for the Appellant
David Burbidge
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Johnson County, Kevin Mckeever, Judge. AFFIRMED. Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ. Opinion by Greer, J. (9 pages)
Gerhard Austin Luebbers (Austin) appeals from a protective order following a finding of domestic abuse assault against his wife, Rebekka. Austin argues the district court was wrong to believe Rebekka’s version of events and that she failed to prove the specific intent necessary for assault. OPINION HOLDS: We place weight on the lower court’s credibility findings. Rebekka’s version of events amounts to assault. However, Austin’s telling would also allow for a finding of assault. We affirm the district court’s findings and the resulting protective order.