Schmidt ex rel. P.M.S. v. Coons

818 N.W.2d 523, 2012 WL 3192810, 2012 Minn. LEXIS 390
CourtSupreme Court of Minnesota
DecidedAugust 8, 2012
DocketNo. A10-1425
StatusPublished
Cited by20 cases

This text of 818 N.W.2d 523 (Schmidt ex rel. P.M.S. v. Coons) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schmidt ex rel. P.M.S. v. Coons, 818 N.W.2d 523, 2012 WL 3192810, 2012 Minn. LEXIS 390 (Mich. 2012).

Opinions

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 of the domestic abuse did not seek or want protection against appellant. The court of appeals affirmed the district court. We believe the primary concern of the Domestic Abuse Act is and always has been to provide a remedy to victims of domestic abuse. When viewed in its entirety, the Act authorizes a district court to grant an OFP only to a -victim of domestic abuse. As a result, the district court erred when it issued an OFP to respondent on his minor [525]*525son’s behalf without finding that the son was a victim of appellant’s domestic abuse. We reverse the court of appeals.

I.

The fundamental principle of statutory construction is that courts construe legislative enactments in accordance with the intent of the Legislature. The plain meaning rule is stated in Minnesota Statutes § 645.16 (2010): “When the words of a law in their application to an existing situation are clear and free from all.ambiguity, the letter of the law shall not be disregarded under the pretext of pursuing the spirit.” The challenge in this case is to understand whether the words of the statute are clear in their application to the existing situation. In other words, we must be able to say that the meaning of the statute is plain in the situation before the court. Therefore, before mentioning the statute and its provisions, we will first explain the facts and circumstances of the existing situation.

The material facts are not in dispute. Appellant Robert Coons is the grandfather of P.M.S., the minor son of respondent Michael Schmidt and his wife, S.S. (mother). Mother left Schmidt, sought shelter in the home of her parents, and filed for divorce from Schmidt. The relationship between mother and her estranged husband is reasonably characterized as hostile. There is evidence of domestic abuse between mother and Schmidt. The relationship between Coons and Schmidt is one of “animosity and tension.”

Schmidt filed a petition for an OFP on behalf of P.M.S. against Coons. In the petition, Schmidt alleged that Coons had committed acts of domestic abuse against both mother and P.M.S. Schmidt requested, among other things, temporary physical custody of P.M.S. and an order enjoining Coons from committing abuse against or having contact with P.M.S. and Schmidt.

The district court ordered a hearing and appointed a guardian ad litem to investigate the case. After speaking with the child, who at the time was 3 years old, the child’s daycare provider, and the responsible adults, the guardian ad litem concluded that the child has significant relationships with his grandparents and that the child had not been harmed by living with his mother in the home of his grandparents. Further, the guardian was concerned that the filing of an OFP by Schmidt may have been in retaliation for an OFP that mother filed in October 2009 against Schmidt “and/or an attempt on Mr. Schmidt’s part to influence the outcome of the custody matter being addressed in the Schmidt[] divorce proceedings.” The guardian ad li-tem was concerned that the OFP would jeopardize mother’s ability to “get[ ] back on her feet” because she needed “the help and support of her parents.’’

At the hearing, Schmidt; Coons, mother, and the guardian testified. After the hearing, the only act of domestic abuse the district court found Coons had committed was an incident involving mother. The district court did not find that P.M.S. was a victim of domestic abuse. The district court granted the OFP. The OFP prohibited Coons from committing any acts of domestic abuse against P.M.S. or any acts of domestic abuse that would have the effect of harming P.M.S., including striking any person while in the presence of P.M.S.

In a published opinion, the court of appeals affirmed the district court.1 [526]*526Schmidt ex rel. P.M.S. v. Coons, 795 N.W.2d 625, 631 (Minn.App.2011). The court of appeals ruled that the Domestic Abuse Act “does not require that the family or household member on whose behalf the OFP petition is initiated must have suffered domestic abuse.” Id. at 629. The court concluded that the Domestic Abuse Act “requires only that domestic abuse occurred within the family or household” of the petitioner. Id.

Subsequently, Coons petitioned our court to review: (1) whether the district court abused its discretion by issuing an OFP without a finding of a present intent to harm P.M.S. or cause fear of harm in P.M.S.; and (2)- whether the evidence was sufficient to find that Coons had a present intent to harm or cause fear of harm in mother. We granted review only on the first issue. Consequently, for purposes of this appeal, we assume that Coons committed domestic abuse against mother.

II.

With the facts and circumstances of this case in mind, we turn to the question of whether Schmidt, who is not a victim2 of domestic abuse and who is not petitioning on behalf of a victim of domestic abuse, may obtain the remedies of the Domestic Abuse Act in the form of an OFP against his father-in-law. Whether the Domestic Abuse Act allows an OFP to be issued to a nonvictim of domestic abuse is an issue of statutory interpretation that we review de novo. Engquist v. Loyas, 803 N.W.2d 400, 403 (Minn.2011).

Certain preliminary matters need to be addressed. First, domestic abuse under the Act is defined as “(1) physical harm, bodily injury, or assault; (2) the infliction of fear of imminent physical harm, bodily injury, or assault; or (3) terroristic threats ..., criminal sexual conduct ..., or interference with an emergency call,” when that violence occurs between specific people. Minn.Stat. § 518B.01, subd. 2(a). To qualify as domestic abuse, the conduct must occur in a defined family or household unit — both the abuser and the victim must be members of the same family or household. Id., subd. 2(b).

Before an OFP can be ordered, the Act requires that a petition be filed. See Minn.Stat. § 518B.01, subd. 4. The petition must, among other requirements, “allege the existence of domestic abuse” and include an affidavit “stating the specific facts and circumstances from which relief is sought.” Id., subd. 4(b). Also, the Act requires that the petition be filed by certain persons. Id., subd. 4(a) (stating that a petition may be brought “by any family or household member personally” or by certain classes of people, including family or household members, “on behalf of a minor family or household member”). Although the Act discusses who may file a petition for an OFP, it does not expressly state what a district court must find in order to grant an OFP, nor does it address whether a court may grant an OFP only for victims of domestic abuse or whether nonvictims may also be granted an OFP.

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Cite This Page — Counsel Stack

Bluebook (online)
818 N.W.2d 523, 2012 WL 3192810, 2012 Minn. LEXIS 390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmidt-ex-rel-pms-v-coons-minn-2012.