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Case No. 19-0574

For summaries from opinions prior to August, 2018, view PDF versions here

M.W. v. J.W.

M.W., on behalf of B.W.,

Petitioner-Appellant

vs.

J.W.,

Respondent-Appellee

Attorney for Appellant

Alexander S. Momany and Mark D. Fisher

Attorney for Appellee

Jamie A. Splinter

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0574
Date Published:
Jul 22, 2020
Summary

            Appeal from the Iowa District Court for Linn County, Jason D. Besler, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  Special Concurrence by Vaitheswaran, P.J.  (9 pages)

            A mother appeals the denial of a protective order prohibiting a father from contacting the parties’ minor child due to alleged sexual abuse.  OPINION HOLDS: We find substantial evidence supporting the district court’s determination that the mother did not prove by a preponderance of the evidence that the father sexually abused the child.  Accordingly, we affirm the district court’s ruling denying the Iowa Code chapter 236A (2019) protective order.  We deny the father’s request for appellate attorney fees, as the father has cited no persuasive authority permitting us to honor that request.  SPECIAL CONCURRENCE ASSERTS: I specially concur only to highlight my concern with the play therapist’s testimony.  In my view, her improper credibility opinion further diminishes her testimony.

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