Judge Boyd says travel permit likely for defendant in family-violence case but asks for CPS documentation

Judge Stephanie Boyd said she was inclined to grant a travel permit for the defendant in NIMAC No. 756623, State v. Tianna Cheeseman, but ordered documentation before formally approving the trip.

The defendant, who identified herself in court as Diana Giza, told the judge the trip is to a postpartum support and mental-health conference scheduled for July 9–13. Defense attorney Terry Dye said a second possible conference “in August” may be forthcoming.

"I'm inclined to grant her request to travel based upon what it's for, but this is what I'm gonna need before I grant it," Judge Boyd told the courtroom, listing documents she wanted from defense and Child Protective Services (CPS). She directed defense to provide the state and the court with confirmation that the CPS case is closed, any documented completion of classes the court previously ordered, and how long the defendant's children have been in her physical custody.

The prosecutor objected to travel because the criminal docket showed a no-contact order with the victim; the state said that order remained on the criminal docket even though a civil court had authorized contact. Judge Boyd noted the potential conflict between the civil and criminal orders and said the court must have clear documentation before removing or altering any criminal no-contact terms.

Judge Boyd explained how she handles travel permits: she typically sends the request to the state for objections and, if no objection is sustained, will sign a permit with conditions. She told the defendant and counsel that if the state files a violation report about contact in contravention of a criminal no-contact order, the court will not act on that paperwork without a hearing.

The judge also gave practical guidance on scheduling: after a brief discussion of dates, the parties agreed to recall the case next week and to appear by Zoom if necessary; defense counsel agreed the 16th would not work and the 17th would. Judge Boyd emphasized that she did not want the defendant to inadvertently violate a criminal order and that the parties should produce CPS and other corroborating records before the court issues a final ruling.

Courtroom participants identified in the hearing included Judge Stephanie Boyd, Assistant District Attorney Ashley Jones for the state, defense attorney Terry Dye, and the defendant (who used the name Diana Giza in court). The transcript shows the state and defense will exchange CPS records and class completion information and return on the set date for the court to resolve the outstanding no-contact questions before the travel permit is signed.

No final order on the travel permit was entered at the hearing; the judge’s statements were preparatory and conditioned on receipt of the requested records.