Gonzalez v. Witzke
813 N.W.2d 592
| N.D. | 2012Background
- Neighbors with a long-standing acrimonious history leading to repeated litigation.
- Gonzalez petitioned for a two-year disorderly conduct restraining order due to alleged harassment by Witzke.
- Gonzalez alleged he recorded her with a video camera, called her a “troll” and a “perjurer,” and that she feared for safety.
- A temporary order was issued after her June 23, 2011 petition; Witzke was served that day.
- A full hearing occurred on June 30, 2011; Gonzalez testified and a tape of statements was played.
- Witzke had a prior 2006 disorderly conduct order, with subsequent related prosecutions in 2009.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the temporary order was properly issued | Gonzalez: reasonable grounds to believe disorderly conduct. | Witzke: no basis for temporary order. | Yes; reasonable grounds supported temporary order. |
| Whether the two-year order was properly granted | Gonzalez: sufficient evidence of disorderly conduct. | Witzke: insufficient or improperly proven. | Yes; evidence supported finding of disorderly conduct and maintained restraint. |
| Whether Gonzalez lied or perjured herself at the hearing | Gonzalez allegedly lied to police and testified falsely. | Witzke claimed perjury, lacking record support. | Claims meritless; credibility not weighed on appeal; no basis found. |
Key Cases Cited
- Skadberg v. Skadberg, 644 N.W.2d 873 (ND 2002) (proof of disorderly conduct may be shown by surrounding circumstances)
- Wetzel v. Schlenvogt, 705 N.W.2d 836 (ND 2005) (full hearing required; affidavits insufficient)
- Cusey v. Nagel, 695 N.W.2d 697 (ND 2005) (petitioner must allege specific facts; reasonable grounds needed)
- Cave v. Wetzel, 545 N.W.2d 149 (ND 1996) (pattern evidence admissible; prior conduct considered)
- State v. Witzke, 2009 ND 169, 776 N.W.2d 232 (ND 2009) (prior related convictions referenced)
- Williams v. Spilovoy, 536 N.W.2d 383 (ND 1995) (statutory interpretation of disorderly conduct)
- Tibor v. Lund, 599 N.W.2d 301 (ND 1999) (statutory construction related to disorderly conduct)