BOWERS v. FLICK
2017 OK CIV APP 49
| Okla. Civ. App. | 2017Background
- On January 5, 2015, Katie Bowers obtained an emergency ex parte protective order against Matthew Flick; a full hearing was set within statutory time.
- At the January 20, 2015 full hearing the trial court entered a "Continued Order" (styled like an ex parte order) and set a review hearing for January 20, 2016; that order stated it would remain in effect until after a full hearing and would be dismissed if there were no violations.
- No transcript of the 2015 hearing is in the record and there was no evidence of a consent agreement to extend protection beyond the statutory limits.
- At the January 20, 2016 review hearing the court found violations and entered a five-year final protective order effective to January 20, 2021.
- Flick appealed, arguing the court lacked authority to effectively extend the protective order beyond five years by using the 2015 continued order plus a 2016 final order; the Court of Civil Appeals reviewed statutory interpretation de novo and abuse of discretion for the protective-order decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court could continue an emergency/continued order for a year and then convert or extend protection beyond five years | Bowers argued continued protection and entry of a five-year final order were proper after review and violations | Flick argued the court effectively created a six-year protection (2015–2021) and lacked statutory authority to extend beyond five years absent a consent agreement or motion | Court held the 2015 continued order was permissible as a review mechanism but the 2016 final order unlawfully extended protection beyond the five-year statutory maximum; modified termination to Jan 20, 2020 |
| Whether a "continued" emergency order may remain in effect after a full hearing | Bowers implicitly relied on the court's continued order and subsequent review | Flick argued no statutory mechanism allows a continued ex parte order after a full hearing | Court held there is no statutory authority for a continued emergency ex parte order following a full hearing; after a full hearing court must enter either a fixed-period (≤5 years) or continuous order as statutorily defined |
| Whether violations at review can be treated as statutory basis to extend duration beyond five years | Bowers relied on violations to justify the final order entered at review | Flick argued violations cannot create a statutory exception to the five-year cap absent a continuous-order finding or consent/motion | Court held penalties for violations exist but violation alone does not authorize extending duration beyond statutory limits; extension requires statutory process or consent |
| Proper remedy on appeal when final order exceeds statutory duration | Bowers sought affirmation of the five-year final order | Flick sought reversal and dismissal of the protective order | Court affirmed the issuance of a final protective order but modified its termination date to comply with the five-year statutory maximum (terminated one year earlier) |
Key Cases Cited
- Curry v. Streater, 213 P.3d 550 (Okla. 2009) (protective-order review standard; analogous to injunction and abuse-of-discretion review)
- Sanford v. Sanford, 370 P.3d 1220 (Okla. Civ. App. 2016) (purpose of the Act is to prevent violence; discussion of continuous order basis)
- Spielmann v. Hayes ex rel. Hayes, 3 P.3d 711 (Okla. Civ. App. 2000) (statutory interpretation reviewed de novo)
- Marquette v. Marquette, 686 P.2d 990 (Okla. Civ. App. 1984) (Protection from Domestic Abuse Act provides immediate and long-term protection)
- Holeman v. White, 292 P.3d 65 (Okla. Civ. App. 2012) (policy goals of the Act and supporting statutory interpretation)
- Cattlemen's Steakhouse, Inc. v. Waldenville, 318 P.3d 1105 (Okla. 2013) (plain-meaning rule and statutory construction)
- Neil Acquisition, L.L.C. v. Wingrod Inv. Corp., 932 P.2d 1100 (Okla. 1996) (appellate courts’ authority to reexamine trial court legal rulings)