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

Paula (W) and Charles (H) were married in 1966 and in 1990, they had an altercation that resulted in H filing for divorce and W filing for Petition for Protection from Domestic Violence based on the events of the altercation. The district court issued an order barring H from the family home, and the order expired thirty days later. W petitioned for an extension of the order, which the court granted. H contends that the order is an unconstitutional taking of his property without just compensation. The trial court found no taking in that H still retained title. H appealed.

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