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Appeals court reviews restraining order where judge probed victim’s failure to report prior abuse
Summary
An appellate panel heard whether a trial judge abused discretion in granting a restraining order in a domestic‑abuse proceeding and whether the judge improperly relied on the victim’s failure to report or seek prior protection orders.
An appellate panel considered arguments in an appeal challenging the trial court’s issuance of a restraining order after a two‑party hearing, focusing on whether the evidence supported a finding of imminent danger and whether the trial judge’s questions about the alleged victim’s failure to report prior incidents were an improper basis for credibility determinations.
Why it matters: The case raises how trial judges may weigh delayed reporting or a victim’s failure to seek prior relief under the controlling statute (including the statutory prohibition against using a victim’s failure to report as the sole basis for denying relief). The panel’s treatment could affect how lower courts evaluate credibility and the role of prior reporting in domestic‑abuse hearings.
Dan…
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