Baker v. Baker

• Court: Minnesota Supreme Court
• Writing for the Court: GARDEBRING
• Citation: Baker v. Baker, 494 N.W.2d 282 (Minn. 1992)
• Decision Date: 31 December 1992
• Docket Number: No. C0-91-1967,C0-91-1967
• Parties: In the Matter of: Barbara BAKER, Petitioner, Appellant, v. James BAKER, Respondent.

Page 282

494 N.W.2d 282

In the Matter of: Barbara BAKER, Petitioner, Appellant, v. James BAKER, Respondent.

No. C0-91-1967.

Supreme Court of Minnesota.

Dec. 31, 1992.

Syllabus by the Court

1. The procedures of the Domestic Abuse Act, Minn.Stat. § 518B.01 (1990), comply with Minn.R.Civ.P. 65.01 and Minn.Gen.R.Prac. 3.01 and 303.04, as well as the requirements of due process.

2. Temporary custody determinations made as part of an ex parte order for protection may be made on the basis of the standards contained in Minn.Stat. § 518B.01, subd. 6, and need not include a finding of "immediate danger of physical harm," as required by the marriage dissolution statute, Minn.Stat. § 518.131, subd. 3(b) (1990).

3. Compliance with the Minn.Stat. § 257.025(a) (1990) requirements for particularized "best interests" findings is not required when making temporary custody determinations under the Domestic Abuse Act.

M. Sue Wilson, Christine N. Howard, Minneapolis, for appellant.

James H. Manahan, Manahan, Bluth, Green, Friedrichs & Marsh Law Office, Mankato, for respondent.

Lorraie S. Clugg, Chairperson, Family Law Section, William E. Haugh, Jr., Chairperson, Amicus Curiae Committee and Mary Lauhead, St. Paul, amicus curiae Family Law Section of Mn. State Bar Assn.

Heard, considered, and decided by the court en banc.

GARDEBRING, Justice.

This case arises from appellant Barbara Baker's application in district court for an order for protection under the Domestic Abuse Act, Minn.Stat. § 518B.01 (1990), against her estranged husband, James Baker. Based upon her affidavit and motion, the trial court issued an ex parte temporary restraining order that excluded James Baker from Barbara Baker's residence and restrained him from harassing her at work. The court also granted temporary custody of the couple's infant to the mother, with provisions for visitation by the father. James Baker was notified pursuant to the statute, and at the subsequent full hearing, the court found that each party was entitled to an order for protection. The court then ordered that temporary custody of the infant remain with Barbara Baker, and extensive unsupervised visitation with James Baker was scheduled.

Consequently, James Baker filed a notice of appeal. The court of appeals reversed the trial court's ex parte order for protection and remanded the temporary child custody determination for particularized findings which reflect the dissolution standards of best interests of the child. Baker v. Baker, 481 N.W.2d 871 (Minn.Ct.App.1992). Barbara Baker appeals from the decision of the court of appeals. We reverse. ¹

Barbara Baker was 18 years old when she married 19-year-old James Baker in 1991. The couple's only child was born on May 19, 1991. Both parents worked at part-time jobs during the summer of 1991; when one parent was working, the other cared for the baby and when both were working, the baby was cared for by others. During the school year, both parents attended school and worked part time. Throughout the summer of 1991, tension escalated between the couple to the point that on one occasion, James threatened to kill Barbara, and punched her while she was holding the baby.

On August 30, 1991, Barbara moved out of the marital home with the baby and moved in with her aunt. After working that day, Barbara and James both separately went to the child care provider's home, where an argument began. Barbara left with the baby and went to her aunt's home. James followed and forced his way into the home and later, kicked and pushed Barbara. Barbara called the police, who arrived and removed James. James was issued a citation for fifth degree assault. James returned to Barbara's home after being released by the police, but was denied entry.

On September 3, 1991, James went to Barbara's new home and attempted to take the baby from the aunt. Barbara arrived home and an argument began. After Barbara removed her car keys from James' key ring and while she was putting them on her own key ring, James grabbed her, dragged her from the house, threw her to the ground and swung at her. James denied knocking Barbara down and claimed instead that she jumped on him and tore his shirt. The police were called again, but James had fled. James drove by afterwards and threw the keys at Barbara as she sat on the front steps. Barbara was treated at the hospital for an injury to her hand.

On September 5, 1991, Barbara filed a motion for an ex parte order for protection, along with an affidavit setting forth the described incidents of abuse. A temporary order for protection was issued, granting temporary custody of the couple's infant to Barbara, with supervised visitation to James. A full hearing was set for September 12, 1991.

James secured the services of an attorney, and filed a counter motion requesting an order for protection against Barbara and temporary custody of the child. At the September 12 hearing, the court took testimony on the issue of custody, and then reaffirmed its previous grant of custody of the child to Barbara, with visitation authorized for James.

The full hearing on the motions for protective orders was continued until September 20. At that time the court received additional evidence regarding both custody and the alleged abuse, and then restrained both parties from contact with the other and excluded each from the other's residence. The trial court ordered that temporary custody of the infant remain with Barbara for up to one year, unless amended before then by further court order. James was granted extensive, unsupervised visitation rights.

James Baker, through his attorney, appealed the ex parte order and grant of temporary custody. Barbara Baker remained unrepresented by any counsel and did not file a respondent's brief in the court of appeals. The court of appeals considered the appellant's brief alone, without the benefit of oral argument.

The court of appeals held that domestic abuse proceedings are governed by Minn.R.Civ.P. 65.01, which requires notice before temporary restraining orders may be granted unless it is clear that immediate and irreparable injury, loss or damage will result, and the applicant's attorney gives written notice to the court of the efforts that have been made to give notice, or the reasons for not giving notice. The court noted that the printed petition and temporary order for protection forms in use in Blue Earth County both recite the existence of an emergency but called its presence "inconclusive on the topic of cause to withhold notice." Baker v. Baker, 481 N.W.2d at 873, n. 3. The court reversed the ex parte order for failure to give notice or state the reasons why notice was not required.

The court of appeals also concluded that certain statutory provisions relating to restraining orders in the context of marriage dissolution proceedings, Minn.Stat. § 518.131 (1990), are in pari materia with the provisions of the Domestic Abuse Act. Accordingly, the court held that custody and visitation determinations in an ex parte order for protection are governed by Minn.Stat. § 518.131, subd. 3(b), which requires a finding by the court of "immediate danger of physical harm to the minor [child]." Since the trial court had made no such finding, the court of appeals reversed the trial court's ex parte temporary custody award.

Finally, the court of appeals determined that the temporary custody determination made in the subsequent order for protection required particularized findings based upon the best interests of the child, citing Minn.Stat. § 257.025(a) (1990) and In re Marriage of Schmidt, 436 N.W.2d 99 (1989). Since the temporary award of custody of the Baker child did not contain these findings, the court of appeals remanded the custody dispute for further trial court consideration.

This case presents three distinct issues: 1) Must a proceeding for temporary relief under the Domestic Abuse Act, Minn.Stat. § 518B.01, conform to notice requirements contained in Minn.Gen.R.Prac. 303.04 and Minn.R.Civ.P. 65.01 before an ex parte order may issue?

2) Is a finding of "immediate danger to the [child]," pursuant to Minn.Stat. § 518.131, subd. 3(b), necessary before a temporary

custody determination can be made within an order for protection?

3) How particularized must the findings be to support such temporary custody determinations?

The law governing the legal relationships between men and women, and their children, is complex, reflecting the potentially conflicting policy objectives of preserving families and protecting children, of allowing divorce and ensuring support, of protecting victims and assuring due process. Furthermore, its development has been incremental, reflecting that social attitudes on all of these difficult issues have been rapidly changing in the last several decades.

At issue in this case is the interplay between three of the statutes which govern related, but distinct problems: the Domestic Abuse Act, Minn.Stat. ch. 518B, which outlines a mechanism for the court to provide protection for individuals who are threatened by their family or household members; the statute governing marriage dissolution, Minn.Stat. ch. 518; and Minn.Stat. ch. 257, which relates to the welfare of children. The court of appeals has inexplicably chosen to interweave the requirements of these statutory provisions even though they were adopted by the legislature at different times, manifest different objectives and deal with different subject matters.

We begin first with the Domestic Abuse Act. In 1978, it was estimated there were 26,900 assaults upon women by their partners. Minn. Dep't of Corrections, Minnesota Program for Battered Women, Biennial Report 1986-87, p. 12. Shelters housed 613 women plus 726 children. Id. Another 2,136 requests for shelter could not be accommodated. Id. ²

The Domestic Abuse Act, Minn.Stat. § 518B.01, was enacted in 1979 as one way to protect victims of domestic assault. It is a...