Rachel Marie Weber Haugo v. Joshua Scott Haugo
21-0480
| Iowa Ct. App. | Jan 12, 2022Background
- Parties were undergoing dissolution and lived together under a stipulated temporary order allowing both to reside in the home and prohibiting unreasonable denials of vehicle use.
- On March 4, after hand surgery and taking Percocet, Joshua repeatedly demanded to use Rachel’s vehicle and blocked a hallway for about forty-five minutes.
- Rachel testified Joshua chest-bumped her and made her fearful; she recorded about ten minutes, called others to contact police, and an officer noted she appeared fearful; no criminal charges were filed.
- Rachel petitioned under Iowa Code chapter 236 for relief from domestic abuse; the court issued a temporary then a final protective (no-contact) order granting Rachel custody/possession arrangements and prohibiting Joshua’s contact for one year and firearm possession.
- Joshua moved to dismiss, sought reconsideration, and appealed the final protective order claiming Rachel failed to prove assault.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rachel proved assault under Iowa Code § 708.1 to support a chapter 236 protective order | Rachel: Joshua intended offensive/insulting contact and to place her in fear; intent can be inferred from conduct and surrounding facts | Joshua: No assault—any contact was incidental/minimal; challenges sufficiency and intent | Court: Affirmed. Specific intent may be inferred; found assault under § 708.1(2)(a) (offensive contact) and (2)(b) (placing in fear) based on prolonged blocking, chest contact, and context |
| Whether appellate attorney fees should be awarded to Rachel | Rachel: Requests fees under Iowa Code § 236.5(4) | Joshua: Opposes (ability to pay, merits) | Court: Declined to award appellate attorney fees |
Key Cases Cited
- State v. Fountain, 786 N.W.2d 260 (Iowa 2010) (section 708.1(2) requires proof of specific intent)
- State v. Nance, 533 N.W.2d 557 (Iowa 1995) (intent may be established by circumstantial evidence and inferences)
- Wilker v. Wilker, 630 N.W.2d 590 (Iowa 2001) (civil domestic-abuse proceedings are equity actions reviewed de novo with weight given to trial court credibility)