Hesse v. District Court
Briana N. Asmus, n/k/a Briana N. Hesse, Plaintiff,
vs.
Iowa District Court for Clinton County, Defendant.
________________________________________
Ryan J. Vanzuiden, Petitioner-Appellee,
vs.
Briana N. Asmus, n/k/a Briana N. Hesse, Respondent-Appellant.
Attorney for Appellant
Andrew B. Howie
Attorney for Appellee
Robert S. Gallagher
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Clinton County, Stuart P. Werling, Judge. WRIT ANULLED IN PART, GRANTED IN PART, AND REMANDED WITH DIRECTIONS; MODIFICATION AFFIRMED. Considered by Badding, P.J., Langholz, J., and Bower, S.J. Opinion by Bower, S.J. (11 pages)
Briana Hesse challenges the district court order finding her in contempt, the sentence imposed, and the modification of visitation. OPINION HOLDS: As to the finding of contempt, because the district court did not clearly apply the beyond-a-reasonable-doubt burden of proof, we grant the writ in part and remand with directions to apply that burden. We likewise annul the writ in part as to the sentence imposed but direct the district court to clarify the basis for each sentence. As to the modification of visitation, because we find the breakdown in communication and ability to coordinate visitation constitutes a material change in circumstances, we affirm the modification.
