Stuckey v. Stuckey

768 P.2d 694 (1989)

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Stuckey v. Stuckey

Colorado Supreme Court
768 P.2d 694 (1989)

  • Written by Haley Gintis, JD

Facts

In 1972, married couple Carol K. Stuckey (Carol) (plaintiff) and Charles L. Stuckey (Charles) (defendant) had a son, Benjamin. The Stuckeys later divorced. In 1986, Carol sought a temporary restraining order in county court against Charles to protect herself and 14-year-old Benjamin. Carol claimed that Charles suffered from organic brain syndrome and had threatened her and Benjamin with physical violence. On December 5, the county court held a hearing and granted the temporary restraining order under the Domestic Abuse Act (DAA). The county court scheduled a final hearing for December 19. Following testimonial evidence at the final hearing, the county court concluded that the restraining order should be made permanent. An order was issued that prevented Charles from having any contact with Carol and Benjamin. Charles appealed on the ground that the county court exceeded its jurisdiction because district courts have exclusive jurisdiction to decide matters concerning children. On appeal, the district court held that the county court did not exceed its jurisdiction. The matter was appealed again. The Colorado Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Lohr, J.)

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