Ritchie v. Konrad

In this case of first impression we consider the criteria a trial court should apply in deciding whether to renew a domestic violence protective order. We conclude the trial court should grant a requested extension unless the request is contested and the judge determines the protected party does not entertain a "reasonable apprehension" of future abusive conduct. (As the relevant statute makes clear, it is unnecessary, however, to find any abuse has occurred since issuance of the initial protective order.) Because the trial court granted the renewal in this contested case on the assumption petitioner was entitled to that order "just upon request," we reverse and remand for a reconsideration of the decision to grant a permanent extension of this protective order.