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Parker v. Parker

Supreme Court of South Dakota

June 21, 2017

ABIGAIL JEANNINE PARKER, Petitioner and Appellee,
v.
JORDAN ZACHARY PARKER Respondent and Appellant. ABIGAIL JEANNINE PARKER, Petitioner and Appellee,
v.
JASMYN LEIGH BAUER, Respondent and Appellant.

          CONSIDERED ON BRIEFS ON FEBRUARY 13, 2017

         APPEAL FROM THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT MINNEHAHA COUNTY, SOUTH DAKOTA THE HONORABLE JOHN PEKAS Judge

          GREGORY T. BREWERS of Strange, Farrell, Johnson & Brewers, PC Sioux Falls, South Dakota Attorneys for petitioner and appellee.

          VICTORIA M. DUEHR of Bangs, McCullen, Butler, Foye & Simmons, LLP Sioux Falls, South Dakota Attorneys for respondents and appellants.

          SEVERSON, Justice.

         [¶1.] Abigail Parker sought protection orders against her husband Jordan Parker and Jordan's sister, Jasmyn Bauer. After a combined hearing on both matters, the circuit court granted protection orders for Abigail against both Jordan and Jasmyn. Jordan and Jasmyn appeal.

         Background

         [¶2.] Abigail and Jordan married in 2010; they legally separated in September 2014. Their separation agreement contains a clause wherein they both agreed not to harass each other. Due to religious considerations, they did not obtain a divorce. They have not resided together since fall 2014. They have two children together; Abigail also has another child. Abigail sought protection orders after an incident in November 2015. A two-day hearing on her petitions for protection orders was held in March 2016.

         [¶3.] Abigail testified that on the night of November 7, 2015, she and a male friend were going to dinner at Tailgator's in Brandon, South Dakota. She was driving, and her friend was a passenger in the car. She pulled her vehicle into the parking lot of the restaurant and parked. She immediately realized that she was in a spot dedicated for compact cars. She intended to move the car to a different spot, but another car had already pulled up behind her and blocked her from moving her car. Jordan exited the car that was blocking her vehicle. He came up to the window of Abigail's car, swore at her and her friend, and told her friend he would "rip [the friend's] face off." After the exchange, Jordan got in his car and left.

          [¶4.] Abigail and her friend returned to Abigail's apartment. They were still in the apartment parking lot, sitting in her vehicle, when Jasmyn, Jordan's sister, arrived. Jasmyn approached Abigail's vehicle and confronted Abigail. Jordan also came to the apartment and parked his vehicle in the apartment parking lot. When Jordan exited his vehicle and walked up to Abigail's vehicle, Abigail called the police. As soon as Abigail ended the phone call with the police, both Jasmyn and Jordan left.

         [¶5.] Abigail testified to other incidents where Jordan had alarmed her. Those incidents included arriving at events that she attended, even though he was not invited and had not been told where she would be, and once gaining access to her secured building and showing up at her door uninvited. She also testified that he helped care for the children when she was sick in April 2015, and that she woke up to him having sex with her. She also testified that one Sunday after a church service, he rummaged through her car and confronted her about a pack of cigarettes that she had concealed in a compartment of the car. And she believed that Jordan had attempted to take pictures of her on several occasions and accessed information and pictures on her phone.

         [¶6.] As for Abigail's relationship with Jasmyn, Abigail testified that Jasmyn previously caused her alarm. She testified that Jasmyn called her in the past. Abigail testified that she did not answer; instead she let the calls go to voicemail. According to Abigail, Jasmyn left voicemails in which she called Abigail a liar and said that Abigail needed to take care of her kids and that if Jasmyn caught Abigail driving drunk with "her girls" in the car again, Jasmyn would "call her in." Jasmyn denied all but a couple phone calls to Abigail over the years.

         [¶7.] After the hearing, the court orally made findings of fact. It granted protection orders in favor of Abigail against both Jordan and Jasmyn. Jordan and Jasmyn appeal; they allege that the court made clearly erroneous factual findings and abused its discretion by issuing the protection order.

         Standard ...


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