State v. Mendez
2012 ND 47
N.D.2012Background
- Witzke and Gonzalez are long-time neighbors with a history of acrimonious litigation.
- Gonzalez petitioned for a temporary disorderly conduct restraining order on June 23, 2011.
- Gonzalez alleged Witzke harassed her by recording with a video camera, calling her a troll and a perjurer, and she feared for safety.
- Gonzalez testified she trimmed overhanging tree branches; a tape recording of Witzke’s statements was played at the hearing.
- Witzke denied making the statements and a neighbor testified he did not hear them.
- The district court granted a two-year disorderly conduct restraining order after a full hearing and Gonzalez’s credibility was found credible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the temporary order was properly issued | Gonzalez contends there were reasonable grounds to believe disorderly conduct. | Witzke argues the court abused discretion and his statements were protected activity. | District court did not abuse discretion; reasonable grounds existed. |
| Whether the two-year order was properly issued after full hearing | Gonzalez established facts showing disorderly conduct and procedural compliance. | Witzke asserts lack of evidence and improper consideration of prior incidents. | Court properly found reasonable grounds and issued the two-year order. |
| Whether Witzke’s constitutional defense and perjury claims require reversal | Gonzalez testified credibly about harassment; video evidence supported results. | Witzke claims statements were constitutionally protected and Gonzalez lied. | Credibility determinations left to the district court; claims without record support; no reversal. |
Key Cases Cited
- Wetzel v. Schlenvogt, 2005 ND 190 (ND, 2005) (disorderly conduct standard and procedural framework for orders)
- Cusey v. Nagel, 2005 ND 84 (ND, 2005) (requires specific facts and threats to support relief)
- Skadberg v. Skadberg, 2002 ND 97 (ND, 2002) (pattern evidence may support disorderly conduct findings)
- Cave v. Wetzel, 545 N.W.2d 149 (ND, 1996) (pattern of behavior and legitimacy of emotional distress claims)
- Williams v. Spilovoy, 536 N.W.2d 383 (ND, 1995) (limits on protected speech and its relevance to disorderly conduct)