Seufert v. Seufert
Seufert v. Seufert
Opinion of the Court
Memorandum Opinion
The defendant, Christopher J. Seufert, appeals a Superior Court (Sullivan, J.) order granting the plaintiff’s domestic violence petition. We reverse.
Following the hearing, the superior court found that “the plaintiff has not established that defendant has abused” her. The court stated that the defendant had “never threatened or harmed [the plaintiff] and there’s no basis for any claim of abuse of the plaintiff by the defendant.” The court did, however, find that the defendant had struck the plaintiff’s son, and ruled that this constituted domestic abuse. Accordingly, the court issued an order barring contact between the defendant and the plaintiff or her son. This appeal followed.
The defendant argues that the trial court erred in granting the plaintiff relief in the absence of any finding that the defendant had abused her. As we find this argument persuasive, we need not address the remainder of the defendant’s arguments. See Dartmouth Motor Sales, Inc. v. Wilcox, 128 N.H. 526, 531, 517 A.2d 804, 808 (1986).
Under this State’s domestic violence act, a court may grant relief “[u]pon a showing of abuse of the plaintiff by a preponderance of the evidence.” RSA 173-B:4, I (1994 & Supp. 1996). “Abuse” is defined by the statute as the occurrence of one or more of several enumerated acts “between family or household members or current or former sexual or intimate partners.” RSA 173-B:1, I (1994). “Family or household members” are defined to include spouses, ex-spouses, persons cohabitating with each other, and “[p]arents and other persons related by consanguinity or affinity other than minor children who reside with the defendant.” RSA 173-B:1, II (1994) (emphasis added).
As a minor child who was residing with the defendant at the time of the incident, the plaintiff’s son is specifically excluded from the class protected by the statute, and therefore the defendant’s acts against the son cannot, in and of themselves, constitute “abuse” under the domestic violence statute. While striking a child may be actionable under other statutory provisions, see, e.g., RSA ch. 169-C (1994 & Supp. 1996) (Child Protection Act); hut see RSA 627:6, I (1996) (parent justified in using reasonable force for discipline), the present action was brought solely under the domestic violence statute. Similarly, while the abuse of a child could arguably “place another in fear of imminent bodily injury,” RSA 173-B:1, I(b),
Reversed.
Reference
- Full Case Name
- Mary E. Seufert v. Christopher J. Seufert
- Cited By
- 1 case
- Status
- Published