Opinion
File No. CK19-01575 Petition 20-08590
05-14-2020
M----- C-----, Petitioner, v. C------- C-----, Respondent.
SUPPLEMENTAL ORDER
Petition for Order of Protection From Abuse
Before the HONORABLE JAMES G. MCGIFFIN JR., JUDGE of the Family Court of the State of Delaware:
On May 14, 2020, the Court convened a telephone hearing on the Petition for Order of Protection From Abuse filed by M----- C----- on her own behalf and on behalf of the minor children, P---- C----- and M------ T-----, against C------- A. C----- Petitioner appeared with counsel. Respondent appeared self-represented.
The Family Relationships
Petitioner and Respondent are married. Petitioner is the mother of M------ and the guardian of P----. Respondent is the father of P----. Petitioner and Respondent have a child in common, K-----.
Jurisdiction
Petitioner may seek PFA relief because she is Respondent's spouse and "family." The PFA statute specifically allows one family member to seek relief against another family member. Petitioner is vested with authority to seek PFA relief for M------ because M------ is her daughter and "family." The PFA statute specifically allows a parent to seek relief against another family member on behalf of that parent's minor child.
Petitioner's authority to seek PFA relief on behalf of P---- requires applying law beyond the Protection From Abuse Act itself. Petitioner is the guardian of P----, established by the April 29, 2020 Order. Our guardianship statute grants the guardian of a child "the same powers, rights and duties" as a parent. The guardian is charged with providing the child "a physically and emotionally healthy and safe living environment."
Cannon v. Cannon & Anderson, Pet. No. 20-09340, Del. Fam. Ct. ex parte Order, April 29, 2020.
It is well settled that statutes should be read together, "as if they are one law; and, in many instances, a remedy provided by one statute, will be extended to cases arising on the same subject-matter under s subsequent statute." "Statutes are not written, nor are they to be construed, in a vacuum. Statutes which are connected as part of a homogenous system should be construed together. Statutes so connected are considered in pari materia, and, as such, are intended to be consistent and harmonious with each other." Both the guardianship statute and the Protection From Abuse Act protect children and should be read in pari materia, in harmony.
State v. Larrimore, 144 A. 867 (Del. Gen. Sess. 1929). See, also, Gerald R. v. Peggy R., 1980 WL 20452 (Del. Fam. Ct. Nov. 17, 1980).
Arsht v. State Bd. Of Pension Trustees, 1985 WL 189272 (Del. Super. Sept. 9, 1985), citing 73 Am. Jur. 2d, Statutes §§186-194; other citations omitted.
As the PFA statute allows a parent to seek relief on behalf of that parent's minor child, and the guardianship statute charges a guardian with the same powers as a parent and requires a guardian to provide the child with a safe environment, I find that a guardian may seek PFA relief on behalf of a minor child.
Facts Constituting Abuse
The preponderance of the evidence adduced indicates that Respondent committed abuse against Petitioner in October 2019 by throwing objects at her, punching holes in the walls of the room they occupied during an argument, pushing her off of her feet and propelling a box fan at her which hit her and caused her injury. By these actions, he caused her physical injury and put her in reasonable apprehension of physical injury. Respondent committed abuse against P---- by engaging in sexual contact with her causing her sexual offense.
See 10 Del. C. § 1041(1)(a) & (b).
See 10 Del. C. § 1041(1)(a). --------
This Court addressed relief in a separate order.
IT IS HEREBY ORDERED this day of MAY, 2020
/s/ _________
JAMES G. MCGIFFIN JR., JUDGE