Schmidt v. Coons

The issue in this case was whether an order for protection (OFP) may be issued under the Domestic Abuse Act on behalf of a minor child in the absence of a finding by the district court that the child was a victim of domestic abuse. The district court issued an OFP to Respondent on behalf of his minor son against Appellant, the child's grandfather and Respondent's father-in-law, when the alleged victim of the domestic abuse did not seek or want protection against Appellant. The court of appeals affirmed. The Supreme Court reversed, holding that the district court erred when it issued the OFP without finding that the child was a victim of Appellant's domestic abuse, as, when viewed in its entirety, the Act authorizes a district court to grant an OFP only to a victim of domestic abuse. View "Schmidt v. Coons" on Justia Law