Fagnon v. Ngaima
2025 ND 122
N.D.2025Background
- Prisca Houenoukpo Fagnon sought a disorderly conduct restraining order against Ndorleh S. Ngaima, alleging harassment, physical assault (including a broken nose), and threats.
- Fagnon and Ngaima had been in a long-term relationship, have children together, and separated in September 2024.
- The incident of physical violence central to the petition occurred on July 24, 2023.
- Fagnon presented photographic evidence and testimonial support for her claims; Ngaima denied all allegations.
- The district court found Fagnon's testimony credible, concluding Ngaima's act constituted disorderly conduct, and issued a two-year restraining order.
- Ngaima appealed, challenging the sufficiency of the evidence, the court's findings, and whether time/distance made a restraining order unwarranted.
Issues
| Issue | Fagnon's Argument | Ngaima's Argument | Held |
|---|---|---|---|
| Sufficiency of grounds for restraining order | Physical violence and harassment justify order | Time elapsed and physical distance make order unwarranted | Sufficient evidence and severity; order justified |
| Adequacy of court's findings | Court credited her detailed, supported testimony | Court did not specify affected safety, security, privacy | Findings adequate; rationale discernible from record |
| Legal standard for time/distance in restraining orders | Severity and need for contact (children) matter | Logical limits for time/distance exceeded | Neither factor exceeded "logical limits"; order appropriate |
| Credibility of testimony | Detailed, corroborated by evidence | Testimony was untrue | Court within discretion to find Fagnon credible |
Key Cases Cited
- Gerszewski v. Rostvet, 10 N.W.3d 104 (N.D. 2024) (abuse of discretion standard for reviewing restraining orders)
- Mead v. Hatzenbeller, 999 N.W.2d 618 (N.D. 2023) (specific facts required for disorderly conduct restraining order)
- Meier v. Said, 726 N.W.2d 852 (N.D. 2007) (logical limits on time/distance for restraining orders)
- Combs v. Lund, 858 N.W.2d 311 (N.D. 2015) (adequacy of factual findings in bench trials)
- Jones v. Rath, 989 N.W.2d 92 (N.D. 2023) (discretion okay where record supports basis for order)