SCHMIDT EX REL. P.M.S. v. COONS

No. A10-1425.

818 N.W.2d 523 (2012)

In the Matter of Michael S. SCHMIDT, on behalf of P.M.S., Respondent, v. Robert H. COONS, Appellant.

Supreme Court of Minnesota.

August 8, 2012.


Attorney(s) appearing for the Case

Thomas F. Murtha IV , Murtha Law Office, Dickinson, ND, for respondent.

Michael J. Brandt , Brandt Criminal Defense, Anoka, MN, for appellant.

Elizabeth J. Richards , Beverly Balos , St. Paul, MN, Rana S. Alexander , Minneapolis, MN, Kristine Lizdas , Minneapolis, MN, for amici curiae Minnesota Coalition for Battered Women, Battered Women's Legal Advocacy Project, and Battered Women's Justice Project.


OPINION

MEYER, Justice.

The issue in this case is whether an order for protection (OFP) may be issued under the Domestic Abuse Act, Minn.Stat. § 518B.01 (2010), on behalf of a minor child in the absence of a finding by the district court that the child is a victim of domestic abuse. The district court issued an OFP to respondent on behalf of his minor son against appellant, the child's grandfather and respondent's father-in-law, when the alleged victim...

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