MARQUETTE V. MARQUETTE
686 P.2d 990 (1984)
NATURE OF THE CASE: Jeff Marquette (H) challenged two orders that restrained him from
abusing, injuring, threatening, or harassing Julie Marquette (W), his ex-wife.
FACTS: H and W were divorced on September 10, 1982. W was given custody of the parties'
two young sons. On October 13, 1982, W filed a petition for protective order. She gave the
following reasons for requesting the protective order: continued harassment & assault
following the divorce. Throws children's clothes, shoes, toys, & children at me. Verbal
threats are made to me in front of the children. I am afraid of being harmed as I have in
the past. And afraid of emotional damage these scenes are doing to my children. W requested
the court to enter an emergency ex parte order. The court granted her request, and set a
show cause hearing. The ex parte order prohibited H from abusing, injuring, visiting,
communicating with, or threatening W. It also instructed H not to abuse or injure the minor
children. H filed a demurrer and motion to dismiss. The trial court modified the ex parte
order to provide H with specific visitation hours. H filed a motion to assume original
jurisdiction and writ of prohibition in the Court of Criminal Appeals. The Court declined to
assume original jurisdiction. Following trial on November 19, 1982, trial court entered a
mutual protective order. The Act does not specifically provide for such an order, nor was it
requested by H at trial. H appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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