Jordan v. Jordan
274 P.3d 657
| Kan. Ct. App. | 2012Background
- Shannon Jordan sought to extend a protective order against Roy Jordan under K.S.A. 2010 Supp. 60-3107(e).
- The district court granted a 1-year extension after an evidentiary hearing (November 29, 2010).
- The original PFA was issued November 16, 2009; Shannon pursued the extension while divorce proceedings were ongoing.
- At the extension hearing, Shannon testified she remained fearful and Roy allegedly violated the PFA; Roy denied threats and noted recent lack of arrests.
- Particular incidents discussed included Roy visiting a hospital where Shannon was hospitalized, Roy at the YMCA during Shannon’s parenting days, and disputes over home locks and entry.
- The district court emphasized subjectivity and fear as grounds for extension, stating the extension would help maintain peace between the parties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the extension decision is discretionary or de novo. | Jordan contends trial court abused discretion by relying on fear without substantial evidence. | Jordan argues court lacked substantial evidence; the extension is not discretionary. | Discretionary; court did not abuse discretion. |
| Whether the evidence supported the 1-year extension. | Extension justified by ongoing fear and safety concerns. | Evidence insufficient to support extension beyond subjective fear. | Evidence supported extension; not an abuse of discretion. |
| Whether the appeal is moot and subject to exception. | N/A | N/A | Mootness exception applies; issues are capable of repetition and public importance. |
Key Cases Cited
- Plains Transp. of Kansas, Inc. v. Baldwin, 217 Kan. 2 (1975) (word may indicates discretionary decision)
- State v. Ward, 292 Kan. 541 (2011) (abuse of discretion standard)
- Trolinger v. Trolinger, 30 Kan. App. 2d 192 (2001) (PFA orders are subjective judgments)
- State v. Gonzalez, 290 Kan. 747 (2010) (evidence sufficiency in discretionary rulings)
- Unruh v. Purina Mills, 289 Kan. 1185 (2009) (statutory interpretation and discretion)
