New Opinions: Dec. 28
Mead v. Hatzenbeller 2023 ND 248
Docket No.: 20230185
Filing Date: 12/28/2023
Case Type: OTHER (Civil)
Author: Crothers, Daniel John
Highlight: A temporary restraining order is a type of injunction that is brief in duration and meant to maintain the status quo until the district court can make a determination on the merits of a petition. After a final order has been issued, questions concerning the propriety of earlier temporary injunctive orders are moot.
Disorderly conduct is analyzed in the same manner for both civil and criminal cases because the reasonable grounds for a restraining order are synonymous with probable cause for an arrest. The elements of criminal disorderly conduct by harassment are the same as those required to prove disorderly conduct in the context of a petition for a restraining order.
A petitioner for a disorderly conduct restraining order must prove his case before the district court in a full hearing. Because a restraining order constrains a person’s liberty and entails certain stigma, a respondent has a due process right to a fair hearing, including reasonable notice or opportunity to know of the claims of opposing parties, along with the opportunity to rebut those claims.
The purpose of an appeal is to review the actions of the trial court, not to grant the appellant an opportunity to develop and expound upon new strategies or theories. Issues or contentions not raised in the district court cannot be raised for the first time on appeal.
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