A domestic violence protection order was entered against Earl Sims in December 2020. The order was for two years. On appeal, Earl Sims argued the evidence presented at the district court hearing did not support the protection order. The opinion does not describe the underlying conduct in further detail.
Issue
Whether the evidence presented at the district court hearing was sufficient to support the two-year domestic violence protection order entered against Earl Sims, such that the district court's findings should be upheld on appeal.
Rule
In domestic violence proceedings under N.D.C.C. § 14-07.1-02, the district court's factual findings are reviewed under the clearly erroneous standard.
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
In Fargo, a district court held an evidentiary hearing on Lena Ortiz’s petition for a domestic violence protection order against Marcus Bell. The court issued a two-year order, and Marcus appeals, arguing the judge should have believed his witnesses instead of Lena’s.
What standard should the appellate court apply to the district court’s factual findings?
Explanation. The governing rule is that factual findings made by the district court in domestic violence proceedings under N.D.C.C. § 14-07.1-02 are reviewed under the clearly erroneous standard. A challenge that the judge should have credited different witnesses attacks factual findings, not a pure legal issue, so de novo review does not apply.