CONSIDERED ON BRIEFS ON FEBRUARY 13, 2017
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.
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.
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.
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.
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.
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.
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.