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Case No. 20-1427

Rebekka Elizabeth Luebbers
v.
Gerhard Austin Luebbers

Appellee

Rebekka Elizabeth Luebbers

Appellant

Gerhard Austin Luebbers

Attorneys for Appellee

Amanda L. Elkins and Alyssa C. Pomponio

Attorneys for Appellant

David Burbidge

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-1427
Date Published:
Oct 06, 2021
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.

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