Sperle v. Orth

763 N.W.2d 670, 2009 Minn. App. LEXIS 47, 2009 WL 911019
CourtCourt of Appeals of Minnesota
DecidedApril 7, 2009
DocketA08-0774
StatusPublished
Cited by5 cases

This text of 763 N.W.2d 670 (Sperle v. Orth) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sperle v. Orth, 763 N.W.2d 670, 2009 Minn. App. LEXIS 47, 2009 WL 911019 (Mich. Ct. App. 2009).

Opinion

OPINION

LARKIN, Judge.

Appellant challenges the district court’s dismissal of her petition for an order for protection under the Domestic Abuse Act, Minn.Stat. § 518B.01 (2006). Appellant contends that a former relationship may qualify as a significant romantic or sexual relationship under the plain language of the Domestic Abuse Act and that the district court must consider the length of the parties’ relationship, the type of relationship, the frequency of interaction between the parties, and the length of time since termination of the relationship when determining whether a former relationship qualifies as a significant romantic or sexual relationship. Because a former relationship may qualify as a significant romantic or sexual relationship under the Domestic Abuse Act, and because the record does not reflect the district court’s consideration of the factors that must be analyzed when determining whether a former relationship qualifies, appellate review is not possible. We therefore reverse and remand.

FACTS

Appellant Ashley Sperle and respondent Jeremy Orth were involved in a romantic relationship for approximately three years. The parties began their relationship when Sperle was in high school. The relationship continued after Sperle began attending college, and the parties had contact on a monthly basis. Sperle ended the romantic aspect of the relationship in approximately January 2008, but the parties continued to communicate over the Internet. On February 25, 2008, their communications became hostile. In an e-mail to Sperle, Orth allegedly stated that he hoped Sperle’s new boyfriend would kill her, “[o]r I will.” Sperle reported the e-mail to the police. A few days later, Sperle filed a petition for an order for protection (OFP).

The district court held a hearing on the petition on March 5, 2008. At the hearing, Orth argued that he and Sperle were not family or household members as defined by Minn.Stat. § 518B.01, subd. 2(b) (2006), because they were not currently involved in a significant romantic or sexual relationship. Id., subd. 2(b)(7). The district court dismissed Sperle’s petition concluding that “[a] Domestic Abuse Order is not appropriate because [Orth] is not a family or household member within the statutory definition.” The district court did not make any findings regarding whether domestic abuse, as defined by Minn.Stat. § 518B.01, subd. 2(a), had occurred. This appeal follows.

ISSUE

Did the district court err by dismissing Sperle’s petition for an OFP against Orth because the parties were not family or household members without first considering whether the parties’ former relationship qualified as a significant romantic or sexual relationship under the Domestic Abuse Act?

ANALYSIS

The decision to grant an OFP under the Domestic Abuse Act is within the district court’s discretion. See id., subd. 6(a) (stating, “Upon notice and hearing, the court may provide relief’ (emphasis added)); Braend ex rel. Minor Children v. Braend, 721 N.W.2d 924, 926-27 (Minn.App.2006) (citing Chosa ex rel. Chosa v. *673 Tagliente, 693 N.W.2d 487, 489 (Minn.App.2005)). “A district court abuses its discretion if its findings are unsupported by the record or if it misapplies the law.” Braend, 721 N.W.2d at 927.

The Domestic Abuse Act allows a victim of domestic abuse to petition for relief from the court. Minn.Stat. § 518B.01, subds. 4, 6. Domestic abuse is defined to include several acts, but only if those acts are “committed against a family or household member by a family or household member.” Id., subd. 2(a). The Domestic Abuse Act defines seven categories of family or household members, including “persons involved in a significant romantic or sexual relationship.” Id., subd. 2(b)(7). The “Definitions” section of the Domestic Abuse Act provides additional guidance for determining whether a relationship qualifies as “a significant romantic or sexual relationship.” Id., subd. 2(b).

In determining whether persons are or have been involved in a significant romantic or sexual relationship under clause (7), the court shall consider [1] the length of time of the relationship; [2] type of relationship; [3] frequency of interaction between the parties; and, [4] if the relationship has terminated, length of time since the termination.

Id. (emphasis added).

The district court dismissed Sperle’s petition concluding that an OFP was inappropriate because Orth was not a family or household member as defined by the Domestic Abuse Act. In so determining, the district court explained that “while these parties may have been in that type of relationship in the past they are not now.” The district court apparently read subdivision 2(b)(7) in isolation and interpreted the phrase “involved in a significant romantic or sexual relationship” to require that the parties be currently involved in such a relationship. Sperle argues that a former relationship may qualify as a significant romantic or sexual relationship and that the district court erred by dismissing her petition without first addressing the specific statutory considerations that are used to determine whether a former relationship qualifies. Id.

“Where the legislature’s intent is clearly discernable from plain and unambiguous language, statutory construction is neither necessary nor permitted and we apply the statute’s plain meaning.” Hans Hagen Homes, Inc. v. City of Minnetrista, 728 N.W.2d 536, 539 (Minn.2007); see also Minn.Stat. § 645.16 (2008) (providing that when the language of a statute is “clear and free from all ambiguity, the letter of the law shall not be disregarded under the pretext of pursuing the spirit”). The Domestic Abuse Act, as a remedial statute, receives liberal construction but it “may not be expanded in a way that does not advance its remedial purpose.” Swenson v. Swenson, 490 N.W.2d 668, 670 (Minn.App.1992).

The phrase “persons involved in a significant romantic or sexual relationship” in subdivision 2(b)(7) does not expressly include former relationships. Compare Minn.Stat. §§ 518B.01, subds. 2(b)(1) (“spouses and former spouses”), and 2(b)(4) (“persons who are presently residing together or who have resided together in the past”) with 2(b)(7) (“persons involved in a significant romantic or sexual relationship”). But subdivision 2(b) expands the language in clause (7) as follows: “In determining whether persons are or have been involved in a significant romantic or sexual relationship under clause (7), the court shall consider” the following factors. Id., subd. 2(b) (emphasis added). The district court’s consideration of the relevant statutory factors is mandatory. See Minn.Stat.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
763 N.W.2d 670, 2009 Minn. App. LEXIS 47, 2009 WL 911019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sperle-v-orth-minnctapp-2009.