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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:
Date Published:
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.
