Riffle v. Riffle

774 S.E.2d 511 (2015)

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Riffle v. Riffle

West Virginia Supreme Court of Appeals
774 S.E.2d 511 (2015)

  • Written by Haley Gintis, JD

Facts

In August 2012, David J. Riffle (plaintiff) filed for divorce from Shirley I. Riffle (defendant) and petitioned for a domestic-violence protective order. The family court granted David an emergency protective order. In February 2013, the family court entered a divorce decree, which included a mutual restraining order prohibiting David and Shirley from contacting each other. In May 2013, David petitioned the court to hold Shirley in contempt for violating the order. David alleged that Shirley had left a voicemail on his phone and had requested that his friend and pastor contact him for her. The court found Shirley in contempt but offered her a deal, under which she would be free of the contempt charge if she had no contact with David for two years. Shirley appealed the charge and the mutual protective order. The circuit court found that the family court had improperly issued the mutual protective order, and it reversed the order. David appealed on the ground that the circuit court’s decision violated his right to enter into a contract.

Rule of Law

Issue

Holding and Reasoning (Loughry, J.)

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