Protection Order Against Husband in Alaska Upheld
Our firm successfully defended a Protection Order protecting Wife from Husband, despite the fact that they lived in different states. While Husband lived in Alaska and Wife was in Ohio, our firm was able to successfully present evidence showing Husband had sufficient potential to cause harm to Wife despite the distance.
Conduct Prior To The Protection Order
When they met, the Husband was a resident of Alaska and his wife was a resident of Ohio. Shortly after meeting, they married in Anchorage, Alaska. The wife temporarily returned to Ohio before joining her new husband in Alaska. After five months of living together, the Wife left Alaska and moved back to Ohio due to Husband’s domestic abuse.
Two months after returning home, the Wife filed for a Civil Protection Order (CPO) in Ohio because she was afraid of her husband. Husband had threatened Wife via text messages since moving back to Ohio, in addition to the existing abuse she had suffered in Alaska. The trial court granted the Civil Protection Order against Husband based on this evidence.
Husband appealed the trial court’s decision, arguing that the Ohio court did not have jurisdiction over him because he lived in Alaska. Further, he argued that he had not done anything in Ohio to cause his Wife’s fear and that the distance between the two made it unreasonable to order a CPO.
Husband’s Conduct In Alaska Was Sufficient
However, Husband’s arguments were unable to persuade the appeals court. Our firm successfully argued that, even though the Husband was living in Alaska, his threatening phone calls and texts to Wife gave the court power over the Husband. This is because the standard required for a CPO is to show that the Wife was “in danger of domestic violence.” This standard can be met by “threats of violence” assuming “the fear resulting from the threat is reasonable”.
In the past, the Husband had shown that he was willing to physically harm his Wife, through prior abusive behavior. Since her move to Ohio, her Husband had repeatedly asked for his Wife’s address, stating that he would “come to find her” because she “will never leave” him. Further, Husband regularly traveled the United States and had the means to travel to Ohio as he wished.
The court agreed that Husband’s past behavior and ability to travel made Wife’s fear “reasonable”. As a result, the court upheld the Wife’s CPO to protect her from potential further abuse by her Husband.
Attorney Anthony W. Greco has over 25 years’ experience fighting for his clients. Our firm consists of numerous talented attorneys, each with the extensive knowledge and skill necessary to protect our clients’ interests. Every member of our team treats each client’s case as unique, focusing on what is important to that client. We have represented numerous clients in disputes regarding nearly all matters within family law, including Civil Protection Orders. Contact us and see what sets us apart from other firms.