Matlock v. Weets, 93-1529

• Decision Date: 26 April 1995
• Docket Number: No. 93-1529,93-1529
• Citation: 531 N.W.2d 118
• Parties: Robin K. MATLOCK, Appellee, v. Jon D. WEETS, Appellant.
• Court: Iowa Supreme Court

Page 118

531 N.W.2d 118

Robin K. MATLOCK, Appellee, v. Jon D. WEETS, Appellant.

No. 93-1529.

Supreme Court of Iowa.

April 26, 1995.

Michael J. Motto and James T. Carlin of Carlin, Hellstrom & Bittner, Davenport, for appellant.

Carol A.H. Freeman of Lane & Waterman, Rock Island, Illinois, for appellee.

Considered by LARSON, P.J., and CARTER, LAVORATO, NEUMAN, and ANDREASEN, JJ.

ANDREASEN, Justice.

This appeal involves the issuance of a temporary and permanent injunction and the court's judgment that the respondent was in contempt for violation of the temporary injunction. We affirm the issuance of the injunctions and annul the writ of certiorari.

I. Background.

Robin Matlock and Jon Weets began dating in October 1991. The relationship lasted only four to five weeks before Robin broke it off. On March 30, 1993, approximately seventeen months after she terminated the relationship, Robin petitioned for an injunction to enjoin Jon from following her, being in the vicinity of her home or her place of employment, or from contacting her in any manner. Submitted with the petition was a sixteen-page affidavit. The remainder of these background facts were included in the statements contained in the affidavit.

A. Shortly after Robin ended the relationship with Jon, he began to noticeably approach, follow, and watch her. He continued to call her and leave presents for her on the back step of her house. She asked him to stop. He then began sending her cards and letters. In January 1992 he also began jogging by her house.

In February 1992 Jon brought some Valentine's Day gifts to Robin's house. He entered the house uninvited, walked over to the kitchen table and laid the gifts down. Robin's mother, who lived with Robin, was at home alone at the time. She was startled and frightened by his entering the house.

In February or March of 1992 Jon began frequently showing up at various places on Robin's way to work, her way home for lunch, her way back to work, and her way home from work. This was especially unusual because Robin's route varied each day of the week. Robin's mother cleaned house in the mornings for different families in the area, and she relied on Robin to drive her to work to a different house each morning. Robin picked her mother up and took her home during the lunch hour. Therefore, Jon's frequent presence along Robin's route during these times required a thorough knowledge of the details of her schedule. The frequent contacts were also suspicious because although Robin had known Jon before they began dating, she had never seen him anywhere other than at the bar he owned.

Robin was unable to vary her own schedule in an attempt to avoid contact with Jon because her mother relied on her for transportation to and from work. She was also restricted in her ability to vary her route because there are a limited number of ways out of her neighborhood. Nevertheless, she attempted to take different routes in an effort to avoid Jon, but he often found her anyway.

During the weekends Jon would pass Robin's house often. He would begin passing her house at 6:30 a.m., passing her house at least four or six times before noon. This caused Robin to fear for her own and her mother's safety. According to Robin, Jon's frequent presence in the neighborhood concerned her neighbor enough that he filed a police report complaining of Jon's behavior. The neighbor feared for the safety of his fourteen-year-old daughter.

Sometimes Jon followed Robin's car or passed her car at a high rate of speed. These acts made Robin feel fearful and threatened. When Robin saw Jon, she often witnessed him staring at her. Robin felt threatened by his staring.

In August of 1992 Jon sent her some birthday cards, another letter, and a tape. Robin opened the package because the handwriting had been disguised so she did not realize it was from Jon. In this letter he stated:

I know I am nothing more than an unpleasant, vague, and faded memory of a mistake in your life.... Now I am just completing the cycle for me. You know that everything that happened or didn't happen between us is absolute poetic justice where I am concerned.

....

Rude, crude, and socially unacceptable former saloon keepers, former civil servants, and former ex-cons sometimes referred to as Hollywood Hayden never die, they just disappear into a magical, mystical, and sometimes inebriated haze as the spirit that ignored age finds itself trapped in the beginnings of twilight time. I deeply miss all the time we never spent together and all the things we never did and all the laughter and happiness we never shared.

After receiving this letter, Robin began feeling greater anxiety and fear for her safety. She spoke with a police officer about the situation. The officer spoke with Jon, and Jon said he would stop following Robin and sending her letters. Shortly thereafter, Jon sent her two more letters. In the first, he was angry with Robin for telling the officer about his behavior. In the second, he promised to stay off a street Robin drove on when leaving her house. The officer talked to Jon again and told him to leave Robin alone, but Jon continued to show up in Robin's presence.

Robin then asked a mutual friend to talk to Jon and ask him to stop. Jon told the friend that everything with Robin was all over and he would not bother her again. He still did not leave her alone.

Robin then contacted the Scott County Attorney. The county attorney spoke with Jon, who was a former client, and told him to stop; but he was concerned that Jon knew just how far he could go and would not stop. He also told Robin he was concerned that Jon would show up at her doorstep and try to commit suicide in front of her because he had attempted a similar act in the past.

B. The court granted a temporary injunction based on the petition and affidavit. While the temporary injunction was in effect, Robin filed an application for citation of contempt alleging violation of the temporary injunction. After a hearing, the court issued a permanent injunction. The court also found Jon guilty of contempt for violating the terms of the temporary injunction on four separate occasions and sentenced him to fifteen consecutive days of incarceration.

In this consolidated appeal, Jon appeals the issuance of the injunctions, the terms of the injunctions, and the judgment of contempt. He acknowledges that the appropriate means of challenging the judgment of contempt is by petition for writ of certiorari. Iowa Code § 665.11; Iowa R.Civ.P. 330. We will treat his notice of appeal as a petition for writ of certiorari. See Iowa R.App.P. 304.

II. Scope of Review.

A request for an injunction invokes the court's equitable jurisdiction. Iowa R.Civ.P. 320. Because the appeal of the injunction is in equity, our review is de novo. Iowa R.App.P. 4. We give weight to the district court's findings of fact, especially when considering the credibility of witnesses, but are not bound by them. Iowa R.App.P. 14(f)(7). In contrast, certiorari is an action at law and our review is not de novo. Palmer College of Chiropractic v. The Iowa Dist. Court for Scott County, 412 N.W.2d 617, 619 (Iowa 1987). When a finding of contempt is challenged, the court examines the evidence to insure that proper proof--substantial evidence--supports the judgment of contempt. Ervin v. Iowa Dist. Court for Webster County, 495 N.W.2d 742, 744 (Iowa 1993).

III. Issuance of Injunctions.

Jon challenges the issuance of both the temporary and permanent injunctions. Although the issuance of a temporary injunction generally merges into the permanent injunction and becomes moot, Foods, Inc. v Leffler, 240 N.W.2d 914, 919 (Iowa 1976), we will examine the issuance of each injunction separately because the contempt citation was based only on violations of the temporary injunction.

An injunction "should be granted with caution and only when clearly required to avoid irreparable damage." Planned Parenthood of Mid-Iowa v. Maki, 478 N.W.2d 637, 639 (Iowa 1991). A court of equity will not grant injunctive relief "unless it appears there is an invasion or threatened invasion of a right, and that substantial injury will result to the party whose rights are so invaded, or such injury is reasonably to be apprehended." Hughes A. Bagley, Inc. v. Bagley, 463 N.W.2d 423, 425 (Iowa App.1990). An injunction is appropriate only when the party seeking it has no adequate remedy at law. Maki, 478 N.W.2d at 639. Before granting an injunction, the court should carefully weigh the relative hardship which would be suffered by the enjoined party upon awarding injunctive relief. Id.

A. The court granted the temporary injunction based on the affidavit Robin submitted with her petition. See Kleman v. Charles City Police Dep't, 373 N.W.2d 90, 95 (Iowa 1985) (affidavits may be considered in determining whether to issue a temporary injunction). The injunction stated:

It is therefore ordered that a writ of temporary injunction shall issue immediately without bond enjoining and restraining the Respondent from approaching within 100 feet of the Petitioner, her place of residence, or her place of employment, and further enjoining and restraining the Respondent from sitting or standing within sight of Petitioner's residence, from passing Petitioner's residence on foot or by vehicle, from following the Petitioner to and from her residence, or from awaiting the Petitioner at any location in the vicinity of her residence, her mother's places of employment, the Petitioner's places of employment, or the Petitioner's usual places of doing business, including Eagle Foods on Locust Street. The Respondent is further enjoined and restrained from taking any action to contact, in person, by telephone, or by mail, the Petitioner or her family, or from taking any other action to harass the Petitioner.

Jon asserts the issuance of the temporary injunction was improper because he claims the affidavit Robin filed...