Opinion
No. 2-924 / 02-0518
Filed February 12, 2003
Appeal from the Iowa District Court for Polk County, Artis Reis, Judge.
Appellant challenges the sufficiency of the evidence supporting a domestic abuse protective order. AFFIRMED.
Anne Laverty of Mullin Laverty, P.L.C., Cedar Rapids, for appellant.
James Beery, Norwalk, for appellee.
Considered by Vogel, P.J., and Zimmer and Hecht, JJ.
Matthew Bear challenges the sufficiency of the evidence supporting a domestic abuse protective order. We affirm.
I. Factual and Procedural Background. Matthew filed a petition for dissolution of marriage in Tama County District Court on February 15, 2002. On February 19, 2002, Matthew's wife, Angela Bear, filed a petition for relief from domestic abuse and a petition for dissolution of marriage in Polk County District Court. A temporary protective order enjoining Matthew from threatening, assaulting, stalking, molesting, attacking, harassing or otherwise abusing Angela and granting to Angela temporary custody of the parties' two minor children was filed on February 19, 2002 in Polk County District Court.
After a hearing on March 5, 2002, the Polk County District Court found Matthew committed a domestic abuse assault against Angela and represented a credible threat to her physical safety. The court extended the protective order against Matthew for one year, affirmed the earlier award of temporary custody of the minor children, and established a visitation schedule for Matthew.
Matthew challenges the sufficiency of the evidence supporting the district court's finding of domestic abuse.
II. Scope and Standards of Review. Civil domestic abuse cases are tried in equity. Accordingly, our review is de novo. Knight v. Knight, 525 N.W.2d 841, 843 (Iowa 1994). The party alleging domestic abuse shoulders the burden to prove it by a preponderance of the evidence. Iowa Code § 236.4(1) (2001). On review of cases tried in equity, we give weight to the district court's findings of fact, but we are not bound by them. Iowa R.App.P. 6.14(6)( g). We are especially deferential to the district court's assessment of witness credibility because the trial court has a firsthand opportunity to hear the evidence and view the witnesses. In re Marriage of Will, 489 N.W.2d 394, 397 (Iowa 1992).
III. Merits. Matthew denies he committed acts of domestic abuse against Angela. He claims it was Angela who became irate and assaulted him on February 18, 2002, when she learned he filed a dissolution action in Tama County. Matthew attacks Angela's credibility, contending she misled the Polk County District Court on February 19, 2002, by failing to disclose her knowledge of the Tama County action when she sought the ex parte protective order in an attempt to gain an advantage in the parties' battle for physical care of the children. In sharp contrast, Angela testified Matthew assaulted and threatened her. She denied she knew of the pending Tama County dissolution action before she filed the Polk County proceedings.
After a careful de novo review of the record, we conclude the disposition of this matter turns upon the credibility of the witnesses. The district court found Angela proved by a preponderance of the evidence that Matthew committed domestic abuse assault against her and constituted a credible threat to her physical safety. These findings implicitly resolved the credibility dispute against Matthew. The district court was in the best position to assess the credibility of the witnesses. Accordingly, we give appropriate deference to the district court's findings of fact and adopt them as our own.