Mitchell v. Mitchell

821 N.E.2d 79 (2005)

Free access to 20,000 Casebriefs

Nature Of The Case

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

Facts

After suffering from more than ten years of verbal and physical abuse inflicted by D, P filed a complaint for protection from abuse. An ex parte abuse prevention order was issued that same day directing D to refrain from abusing or contacting P. D appeared pro se at a hearing on January 3, 2002, the date on which the initial order was fixed to expire, and after hearing, the order was extended for one year, to January 3, 2003. D did not appeal from the extended order. On June 20, 2002, D filed a verified motion requesting the court 'to reconsider or vacate' the order dated January 3, 2002. D stated that P had contacted him repeatedly by telephone since the issuance of the order and had spent time with him in Los Angeles while attending the funeral of his mother. The motion to reconsider or vacate was marked 'allowed' in the margin. No written findings were made, nor was any oral explanation given at the hearing. P appealed.

Issues

The legal issues presented in this case will be displayed here.

Holding & Decision

The court's holding and decision will be displayed here.

Legal Analysis

Legal analysis from Dean's Law Dictionary will be displayed here.

© 2007-2025 ABN Study Partner

© 2025 Casebriefsco.com. All Rights Reserved.