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Case No. 21-0336

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

Gaylene Faye Hardy-Wilson
v.
Thomas Hadaway

Appellee

Gaylene Faye Hardy-Wilson

Appellant

Thomas Hadaway

Attorneys for the Appellee

Michael Lewis (until withdrawal)
Gaylene Hardy-Wilson, self-represented

Attorney for the Appellant

Thomas Hadaway, self-represented

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0336
Date Published:
Nov 23, 2021
Summary

            Appeal from the Iowa District Court for Story County, Amy Moore, Judge.  REVERSED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  Partial Dissent and Partial Special Concurrence by Schumacher, J.  (11 pages)

            A former husband appeals the extension of a domestic abuse protection order in favor of his ex-wife, arguing (1) the district “court lacked subject matter jurisdiction” to extend the protective order; (2) there was insufficient evidence to support a finding that he continued to pose a threat to the safety of his ex-wife; and (3) the district court erred in assessing “all court costs” to him.  OPINION HOLDS: On our de novo review of the record, we reverse the extension of the protective order.  Any court costs associated with the motion to extend the protective order are taxed to the ex-wife.  PARTIAL DISSENT AND PARTIAL SPECIAL CONCURRENCE ASSERTS: I respectfully dissent from the majority opinion that finds reversal of the extension of an order of protection, pursuant to Iowa Code chapter 236, is required.  I specially concur on the assessment of court costs against the ex-husband from the original proceeding.

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