Dyer v. Dyer
Maine Supreme Judicial Court
5 A.3d 1049 (2010)
- Written by Haley Gintis, JD
Facts
In December 2005, Kathleen L. Dyer (plaintiff) obtained a protection-from-abuse order against her ex-husband, Bruce S. Dyer (defendant), pursuant to Maine’s protection-from-abuse statute. Bruce consented to the order after he assaulted Kathleen and their 10-year-old daughter had to call 911. Pursuant to the order, Bruce was prohibited from contacting Kathleen or their daughter for two years. Bruce violated the order twice. In November 2007, Kathleen petitioned for a two-year extension of the order. Bruce consented and the extension was granted although Bruce was permitted to have contact with their daughter. In 2009, Kathleen petitioned for a second two-year extension. Bruce did not consent. The trial court held a hearing. Based on the evidence introduced, the trial court concluded that Bruce’s attack on Kathleen was severe and caused Kathleen to live in constant fear. The trial court extended the order to last four years. Bruce appealed on the ground that the protection-from-abuse statute did not allow for a second extension and the court improperly extended the order to last four years without sufficient evidence.
Rule of Law
Issue
Holding and Reasoning (Levy, J.)
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