Marquette v. Marquette

686 P.2d 990 (1984)

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Nature of the Case

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Facts

H and W were divorced on September 10, 1982. W was given custody of the parties' two young sons. On October 13, 1982, W filed a petition for protective order. She gave the following reasons for requesting the protective order: continued harassment & assault following the divorce. Throws children's clothes, shoes, toys, & children at me. Verbal threats are made to me in front of the children. I am afraid of being harmed as I have in the past. And afraid of emotional damage these scenes are doing to my children. W requested the court to enter an emergency ex parte order. The court granted her request, and set a show cause hearing. The ex parte order prohibited H from abusing, injuring, visiting, communicating with, or threatening W. It also instructed H not to abuse or injure the minor children. H filed a demurrer and motion to dismiss. The trial court modified the ex parte order to provide H with specific visitation hours. H filed a motion to assume original jurisdiction and writ of prohibition in the Court of Criminal Appeals. The Court declined to assume original jurisdiction. Following trial on November 19, 1982, trial court entered a mutual protective order. The Act does not specifically provide for such an order, nor was it requested by H at trial. H appealed.