CASE LAW UPDATE: Whether the evidence was sufficient to find that domestic abuse occurred thereby justifying issuance of the order for protection (OFP)?
Respondent requested an order for protection (OFP) on behalf of the parties’ minor child. The trial court granted same. Appellant appealed. On appeal, appellant challenged the OFP arguing the record did not support a finding that appellant committed domestic abuse. Appellant argued that the trial court’s finding that she slapped and kicked the child was clearly erroneous. The Minnesota Court of Appeals held that the child’s testimony that appellant slapped him, kicked him, and screamed in his face, was sufficient to support the finding of domestic abuse. Affirmed.
Prudhomme v. Kazmierczak, A20-0300, Steele County.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.