Archive | Order of protection

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State v. Allen

State v. Allen, 2016 MT 185 (Aug. 2, 2016) (Rice, J.) (5-0, aff’d)

Issue: (1) Whether the district court by denying Allen’s motion to dismiss multiple charges of violating an order of protection pursuant to § 46-11-410(2); and (2) whether the district court by denying Allen’s motion to dismiss multiple charges of violating an order of protection on double jeopardy grounds.

Short Answer: (1) No, and (2) this issue was not preserved for appeal.

Affirmed

Facts: Allen sent 35 messages to his ex-girlfriend, BD, in a two-hour period on day in September 2014. BD had an order of protection against Allen, and alerted the police to the messages.…

Bardsley v. Pluger

Bardsley v. Pluger, 2015 MT 301 (Oct. 20, 2015) (McKinnon, J.) (5-0, aff’d & rev’d)

Issue: (1) Whether the district court abused its discretion by issuing an amended order of protection; (2) whether the district court abused its discretion by denying the Plaintiffs’ motion to amend their complaint; (3) whether the district court erred by granting Defendants’ motion for summary judgment; and (4) whether the district court abused its discretion by awarding Defendants attorney’s fees.

Short Answer: (1) Yes; (2) no; (3) no; and (4) no.

Affirmed (2, 3, 4) and reversed (1)

Facts: Scott Bardsley owns property in Troy where he lives with his partner, Dora. Defendants Earnest Anderson and Lizann Pluger live on the adjacent property, owned by Lizann’s uncle, Edwin Pluger.…

State v. Strong

State v. Strong, 2015 MT 251 (Aug. 25, 2015) (Baker, J.; Cotter, J., dissenting) (5-2, aff’d)

Issue: Whether the district court erred in denying Strong’s motion to dismiss based on its determination that Strong’s conduct could give rise to multiple offenses.

Short Answer: No.

Affirmed

Facts: In August 2012, Strong was charged with four counts of partner/family member assault against his wife, Jessica, and their minor child. He pled guilty to two misdemeanor charges of PFMA and one felony charge of PFMA. He was jailed pending sentencing. On August 10, Jessica obtained an order of protection prohibiting all contract between Strong and Jessica, effective for one year. Strong did not oppose the order.

On Nov. 6, 2012,Strong called Jessica four times from jail.…