Keller v. Keller
North Dakota Supreme Court
158 N.W.2d 694 (1968)
- Written by Haley Gintis, JD
Facts
Viola Keller (plaintiff) filed a petition for a temporary order requiring Pius J. Keller (defendant) to vacate the home they shared with their children while a more permanent order was pending. Viola also requested temporary spousal and child support. In Viola’s complaint for a protective order, she stated that Pius had physically and emotionally abused and mistreated her to such a degree that it constituted physical and mental cruelty. In Viola’s affidavit for the temporary restraining order, she stated that Pius had used physical harm against her and had threatened to do so again. Viola also stated that she feared for her safety and that Pius often lost his temper. The trial court granted Viola a temporary order, which required Pius to vacate the family home. Pius appealed.
Rule of Law
Issue
Holding and Reasoning (Strutz, J.)
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