McCARTHY v. WHEELER

No. 2004-777.

152 N.H. 643 (2005)

WENDY L. MCCARTHY v. ROBERT E. WHEELER.

Supreme Court of New Hampshire.

Opinion Issued: October 18, 2005.


Attorney(s) appearing for the Case

Barbara L. Parker, of Newport, by brief and orally, for the plaintiff.

Clauson & Atwood, of Hanover (George E. Spaneas on the brief and orally), for the defendant.


DALIANIS, J.

The defendant, Robert E. Wheeler, appeals an order of the Family Division at Plymouth (Carbon, J.) denying his motion to dismiss the domestic violence petition filed by the plaintiff, Wendy L. McCarthy. We reverse.

The plaintiff and the defendant have a son together, but were never married. The plaintiff has custody of their son, who was ten years old when the following events took place.

On August 12, 2004, the defendant threatened...

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