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This section contains the nature of the case and procedural background.

D administered corporal punishment to his sixteen-year-old daughter, Cassandra Morrison, in the form of hitting her four or five times with a folded belt across the buttocks after she admitted lying to D. Ms. Morrison testified that the strapping was painful and made her cry. After the incident, she went to school and later reported the incident to her guidance counselor who refused to take action. Ms. Morrison then called her older half-sister, Shannon Chronister (P), and told her what had happened. P then contacted CYS and reported the incident. A caseworker for CYS met with Cassandra the next day. However, CYS ultimately refused to intervene because the behavior alleged was not viewed as implicating CYS involvement. Later on, the evening D and his girlfriend were having a discussion with Ms. Morrison on the 'rules of the house.' D then left the room and retrieved a pistol from a cupboard, looked at the gun, walked by Ms. Morrison and proceeded upstairs. D testified that he had remembered that he left the gun downstairs and retrieved it, checked to make sure it was unloaded, then took it upstairs to a closet where he stores his firearms. Ms. Morrison testified that she had eye contact with D as he walked by. The next day, a Petition for Protection From Abuse was filed, and a temporary order was signed on May 20, 1998. A full hearing was scheduled for July 15, 1998. The court entered the subject PFA order. The present appeal followed.

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