Sanford v. Sanford

2016 OK CIV APP 20, 370 P.3d 1220, 2015 Okla. Civ. App. LEXIS 121, 2015 WL 10683240
CourtCourt of Civil Appeals of Oklahoma
DecidedOctober 1, 2015
DocketNo, 113,669
StatusPublished
Cited by2 cases

This text of 2016 OK CIV APP 20 (Sanford v. Sanford) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sanford v. Sanford, 2016 OK CIV APP 20, 370 P.3d 1220, 2015 Okla. Civ. App. LEXIS 121, 2015 WL 10683240 (Okla. Ct. App. 2015).

Opinion

KEITH RAPP, Presiding Judge.

T1 The defendant, Blaise Allyn Sanford (Husband), appeals an Order granting a continuous protective order against him and in favor of the plaintiffs, Julie Gwen Sanford (Wife) and her minor child, S.D.

BACKGROUND

I 2 As presented here, this appeal presents a single issue. Husband argues that the trial court erred by making 'the protective order continuous,1 Specifically, Husband argues that Title 22 0.8. Supp. 2014, § 60.4(G)(1)(b) specifies four grounds for a continuous order and that no evidence or finding exists to support any of those four listed grounds.2

[1222]*122213 Wife testified to a series of physical and emotional abuse directed against her by Husband, The abuse included verbal abuse, assault, battery, and placing a gun to her head.3 Wife. testified that the abuse was ongoing for over two years. She also told of an incident where Husband battered S.D.4 Wife stated that S.D. had observed incidents of abuse and was also the wetlm of Husband's abuse.

T4 On cross-examination, Wife acknowledged that she had requested and received a dismissal of a prior protective order.5 She explained that Husband had "conned" her into believing he had reformed, but soon afterward his abusive actions resumed. She stated that she did not know of any instance where Husband had violated the present protective order by contacting her or 8.D., but she believed he had come to the reeldence when she was away. ,

T5 S.D. testified about an incident - when Husband beat and choked him,. He related he observed Husband abusing his mother.

16 A friend of Wife's testified about an event at a local drive-in when Husband attacked Wife. Husband attempted to strike Wife while Wife and the witness were seated in Wife's vehicle. . |

T7 Husband did not testify, Husband did not make any closing motions, The Record does not contain any request for findings of fact or conclusions of law. See 12 0.8.2011, § 611.

18 At the close of the evidence, the trial court entered a protective 'order and made it permanent. The trial court referenced the evidence generally and did not make any specific findings of. fact or conclusions of law.6 The protective order is written on an Administrator of the Courts :Form (AOC form), with checks on pertinent paragraphs. One paragraph, checked by the trial court, provides:

3) Duration:
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OR
Sb) The 'Court finds that one or more of the condltmns set forth in 22 O.8. 60.4(G)(1)(b) exists in the present matter, and therefore this Final Protective Order shall be continuous without expiration until modified, vacated or rescinded. "

Husband appeals.

STANDARD OF REVIEW

T9 Proceedings under the Protection from Domestic Abuse Act are reviewed for an abuse .of discretion. Curry v. Streater, 2009 OK 5, ¶ 8, 218 P.3d 550, 554. The Court explained:

_-Under an abuse of discretion standard, the appellate court examines the evidence in the record and reverses only if the trial court's decision is clearly against the evidence or is contrary to a governing principle of law. 'To reverse under an abuse of discretion standard, an appellate court [1223]*1223must find the trial court's conclusions and judgment were clearly erroneous, 'against reason and evidence.

Id. (Citations omitted.)

¶ 10 Husband's appeal, in part, calls for an interpretation of Section 60.4(G)(1)(b). Statutory interpretation presents a question of law, reviewed de novo. Fulsom v. Fulsom, 2008 OK 96, ¶ 2, 81 P.3d 652, 654.

ANALYSIS AND REVIEW

A. Requirement for Specific Findings and Conclusions

¶ 11 Final protective orders "shall be on a standard form developed by the Administrative Office of the Courts." 22 0.8. Supp. 2014, § 60.4(D). The trial court used the prescribed AOC form. The form does not set out the individual, specific findings of Section 60.4(G)(1)(b), but only makes a general reference to the Section. Husband does not dispute that the trial court used the AOC form.

¶ 12 Husband did not provide this Court any legal authority to demonstrate that the trial -court erred by following the statute's directive to use the AOC form. Husband also has not shown that the AOC form fails to conform to any legal requirement for such forms or the use of the form in this instance. Moreover, Husband did not request specific findings or conclusions at trial and did not object to the use of the AOC form or offer a different format. __

¶ 13 Arguments not supported by legal authority are not considered. Okla. Sup.Ct.R. 1.11(k), 12 0.8. Supp. 2014, ch. 15, app 1. Judgments ordinarily may not be set. aside on procedural grounds. 20 0.8.2011, § 8001.1, No exception to Section 8001.1 has been provided by Husband.

¶ 14 Last, when a trial court finding is general, it is a finding of every specific thing necessary to be found to sustain a general judgment. "[Sluch judgment will not be disturbed on appeal in the absence of legal errors, if there is any competent evidence reasonably tending to support the trial court's conclusion." Givens v. Western Paving Co., 1953 OK 242, ¶ 4, 261 P.2d 450, 451.7

15 Therefore, this Court holds that there is no reversible error shown by Husband due to the procedural use by the trial court of the AOC form for the protective order, including the AOC form's general provision regarding the finding under Section 60.4(@)(1)(b).

B. Sufficiency of Evidence

116 Section 60.4(G)(1)(b) limits the reasons why a protective order may be made continuous. The problem of interpretation arises because Section 60.4(G)(1)(b) begins by limiting the court's authority to a "specific finding" of "one of the following" and thereafter enumerates four circumstances, However, the statute continues, after the list of four, to say "Further" the court may consider a history of domestic violence.

17 Here, the first three enumerated conditions are not present. . Wife's evidence did not show that Husband had violated orders, or had been convicted of a felony or felony stalking. |

Also, Wife's evidence did not show that, previously,. a final vietim protective order had been issued against Husband. The nature of the previous order against Husband is not shown in this Record, Therefore, the evidence does not support a finding that the fourth enumerated cireumstance applies to this case. i

119 However, the evidence is absolutely clear that Husband has a history of domestic violence.8 "The Protection from Domestic Abuse Act serves a vital purpose, to prevent violence." Holeman v. White, 2012 OK CIV APP 107, ¶ 15, 292 P.3d 65, 68.

[1224]*1224¶20 "The primary goal of statutory construction is to ascertain and follow the intention of the Legislature." TRW/Reda Pump v. Brewington, 1992 OK 31, ¶ 5, 829 P.2d 15, 20. If a statute is unambiguous and there is no reason to apply rules of statutory construction, this Court will accord the meaning expressed by the clear language of the statute. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
2016 OK CIV APP 20, 370 P.3d 1220, 2015 Okla. Civ. App. LEXIS 121, 2015 WL 10683240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanford-v-sanford-oklacivapp-2015.