Thibaudeau v. Thibaudeau

947 A.2d 243, 2008 R.I. LEXIS 58, 2008 WL 2175429
CourtSupreme Court of Rhode Island
DecidedMay 21, 2008
DocketNo. 2007-107-A
StatusPublished
Cited by6 cases

This text of 947 A.2d 243 (Thibaudeau v. Thibaudeau) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thibaudeau v. Thibaudeau, 947 A.2d 243, 2008 R.I. LEXIS 58, 2008 WL 2175429 (R.I. 2008).

Opinion

OPINION

Justice ROBINSON

for the Court.

The defendant, Andrew P. Thibaudeau, appeals from a Family Court judgment rendered in this statutory “protection from abuse” action.1 He is aggrieved by the fact that the Family Court has prohibited him from “contacting, assaulting, molesting, or otherwise interfering with” the plaintiff, Michelle Ann Thibaudeau, the defendant’s estranged wife.

This case came before the Supreme Court for oral argument on March 5, 2008, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After considering the rec[244]*244ord, the memoranda submitted by the parties, and the oral arguments of counsel, we are of the opinion that cause has not been shown and that the case should be decided at this time.

For the reasons set forth below, we affirm the judgment of the Family Court.

Facts and Travel

On December 11, 2006, plaintiff filed a complaint in Family Court seeking a restraining order against her estranged husband, the defendant. At that time, a divorce proceeding between the parties was pending in the Family Court.2

The complaint whereby plaintiff sought protection from alleged abuse appears to have been prompted by an incident that occurred on the evening of Saturday, December 9, 2006. On that day, defendant was scheduled to drop off the couple’s minor child at plaintiffs home at approximately 5 p.m. According to the testimony of plaintiff, she asked her mother, Mary Jo Defraga, to go to defendant’s car to get the child from his father so that she could avoid a confrontation with him. Ms. Thi-baudeau testified that she watched from a nearby window as her mother approached the vehicle. She testified that, although she could not hear the conversation between the two adults, she witnessed defendant drive away with their son still in the car.

The plaintiff testified that Mr. Thibau-deau returned within approximately three to five minutes, and again Ms. Defraga walked out to the car to get the child. The plaintiff testified that, at that point, she could hear defendant screaming at her mother and so she decided to go outside to determine what was happening. Once outside, Ms. Thibaudeau noticed that defendant had exited the vehicle; she walked to the rear side door of the car and waited for her son to exit the car.

According to the testimony of plaintiff, defendant then approached her and, in her words, “banged into [her] with his chest.” The plaintiff testified that she lost her balance as a result of defendant’s bumping into her, but that she did not fall to the ground. Ms. Defraga’s testimony corroborated plaintiffs description of these events; she testified that defendant “bumped into Michelle” and that he “pushed her.”

Following the “bumping” incident, defendant removed the child from the vehicle. The plaintiff then took the child by the hand, and they walked into the house; shortly thereafter, plaintiff testified, she placed telephone calls both to her attorney and to the Warren Police Department.

The plaintiff testified about a number of factors that motivated her desire to seek protection from the court. First, she testified that she was concerned about her son witnessing such confrontations between his parents. She also testified that she was afraid of defendant: she stated that she had “become fearful of [defendant], his reaction, and his hostility.” She further testified that she had the impression that defendant was “becoming unpredictable.” Additionally, plaintiff testified that she had seen defendant and members of his family driving past her house “several times everyday” and that members of defendant’s family sometimes approached her “in a threatening way.”

The defendant testified that he neither pushed plaintiff on the evening in question nor had any other physical contact with her at that time. The defendant testified that he arrived at plaintiffs home at approximately 5 p.m., accompanied by his [245]*245own father, to drop off the couple’s son. According to defendant’s testimony, he did not want to leave his son with his mother-in-law, and he wondered why plaintiff would not come out of the house to get her son.

The defendant testified that he then left the area in his vehicle for a few minutes because he had forgotten the child’s diaper bag. When defendant returned, he saw his mother-in-law once again exit the house in order to get her grandson. At that point, defendant testified, he exited the vehicle and began to speak with Ms. Defraga. In his words, the conversation became “a little loud;” he said that, at that point, Ms. Defraga returned to the house to tell her daughter to come outside.

The defendant testified that he then placed his son’s diaper bag on the ground between himself and plaintiff, picked up his son and removed him from the vehicle, and gave him a hug and a kiss and told him that he loved him. The defendant testified that plaintiff was using her telephone and that he heard her say something on the telephone “to the effect of he just put him down instead of handing him to me,” which statement defendant testified he considered to be “kind of abnormal.”

According to defendant, he never came close enough to plaintiff to touch her; he denied that any physical contact occurred. It was further defendant’s testimony that he placed a telephone call to the police department and informed the police department that he had the impression that plaintiff was going to make a false allegation against him because of what he had heard her say while she was on the telephone during their encounter. He testified that he heard her say, “he just pushed me in the driveway.” The defendant contends in his memorandum to this Court that the person with whom plaintiff was speaking on the telephone was her boyfriend, a Warren police officer.

During the hearing, defendant played for the court an audio recording that he had made on December 9, when he pulled into the driveway of plaintiff’s home after having gone to his house in order to retrieve his son’s diaper bag. The defendant stated that the duration of the recording was about two minutes; he also stated that he had not abridged or edited the recording. The recording was played during the trial, but it was not transcribed into the record.

The hearing justice rendered a bench decision following the presentation of the evidence. In rendering that decision, the hearing justice discussed the credibility of the three testifying witnesses; he also discussed the audio recording and a report written by a guardian ad litem, in connection with the pending divorce proceeding. That report was entered as an exhibit in the divorce proceeding, but was not formally presented as evidence in the domestic abuse case. The hearing justice stated:

“There are a couple of significant aspects with respect to the relationship between the Plaintiff and Defendant, other than the normal relationship of people going through a divorce. On page 28 of the report, there is an analysis done by the guardian ad litem, and certain conclusions that are part of this full exhibit. * * * The guardian states very specifically, quote, Mr. Thibaudeau really has no respect for his wife. While [the child] is young, he may not completely understand the ramifications of this, but there is no doubt in my mind if these feelings continue, the child will be more than aware of it * *

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Cite This Page — Counsel Stack

Bluebook (online)
947 A.2d 243, 2008 R.I. LEXIS 58, 2008 WL 2175429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thibaudeau-v-thibaudeau-ri-2008.