010-290 Eric Lee Knight v. Cheryl Ann Maher

Eric Lee Knight, by brief, pro

No. 2010-290

Derry Family Division

violence petition seeking an order of protection from the defendant. In his On March 18, 2010, the plaintiff, who is a physician, filed a domestic

defendant maintains visitation with the children. assumed primary residential responsibility for the parties’ children. The October 2009, the parties entered into an agreement wherein the plaintiff have three children: twin sixteen-year-old daughters and a ten-year-old son. In The relevant facts follow. The parties are former spouses who together

Cheryl Ann Maher, by brief, pro

Derry Family Division (Moore CONBOY, J. The defendant, Cheryl Ann Maher, appeals an order of the

reverse. order to the plaintiff, Eric Lee Knight. See RSA 173-B:5, I(a) (Supp. 2010). We

THE SUPREME COURT OF NEW HAMPSHIRE se.

page is: http://www.courts.state.nh.us/supreme. a.m. on the morning of their release. The direct address of the court's home reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 to press. Errors may be reported by E-mail at the following address: editorial errors in order that corrections may be made before the opinion goes Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any Readers are requested to notify the Reporter, Supreme Court of New well as formal revision before publication in the New Hampshire Reports. NOTICE: This opinion is subject to motions for rehearing under Rule 22 as livelihood as a physician and his reputation in the community. Nevertheless, p. 2 making statements that she understood would negatively affect the defendant’s messages in question, and further admitted to contacting news media and The defendant admitted to sending the plaintiff the emails and text

way she’s doing. in talking to people and describing things – making things up the she may do, as a result of all this stuff that she’s doing in media, my safety and safety of property, not so much directly from what And through any of the proper channels. And so my concern is for

. . . .

getting justice through any of the proper things.

themselves to try to get justice when she claims that she’s not

doesn’t know the other side of the issue – might take it upon

believes her – someone who doesn’t know the whole story and

becomes worse over time – that someone who considers – who

bizarre things that she’s saying – and it evolves over time – it

criminal records. And my concern has been, with all of these

the Friendship Center. It includes a lot of people who have crowd that she hangs out with are basically the ones over there at monster with all these things that are absolutely untrue. And the people all this stuff and, you know, making me out to be this directly from Cheryl. It’s because she’s going around telling a lot of

My concern about risk to property and person is not so much

had caused harm to their children. The plaintiff testified as follows: payments to her from a man she later accused of sexual assault, and that he plaintiff had been an abusive husband, that he arranged for “hush money” submitted news articles in which the defendant was quoted as stating that the from the defendant, which he alleged to be threatening in nature. He also exhibits to the trial court, including emails and text messages that he received at which both parties were present. The plaintiff submitted a number of The trial court held a hearing on the plaintiff’s petition on April 19, 2010,

him. concerns about the financial impact the defendant’s actions could have upon in” he had “concerns for [the] safety of [his] person and property,” as well as asserted that “[g]iven [the defendant’s] mental state and the social circles she is Hampshire Division for Children, Youth, and Families (DCYF). The plaintiff departments, the New Hampshire Board of Medicine (NHBM), and the New personally and professionally, and filed false reports against him with police against him in the local and national news with the intent to harm him and harassing emails and text messages to him, made false accusations petition, the plaintiff asserted that the defendant sent numerous threatening to immediate and effective police protection and judicial relief.” Walker v. p. 3 the family unit for all family members by entitling victims of domestic violence violence. The purpose of this chapter “is to preserve and protect the safety of RSA chapter 173-B governs the protection of persons from domestic

plaintiff’s safety. RSA chapter 173-B, and that this conduct constituted a credible threat to the court’s findings that the defendant committed one of the acts enumerated in

The sole issue on appeal is whether the evidence supports the trial

intervention. to be a reasonable concern of the Plaintiff warranting Court

missing work to deal with all of this[,]

and property, as well as causing me to lose income by

this has raised concerns for [the] safety of my person

Given her mental state and the social circles she is in

course of conduct finds the Plaintiff’s statement that:

the circumstances surrounding the Defendant[’]s aforementioned constitutional right to do so. The Court, based on the totality of was to annoy or alarm the Plaintiff without a lawful purpose or [Defendant’s] purpose in the above referenced course of conduct

professional reputation demonstrates to this Court that the

Plaintiff’s emotional and psychological state as well as his

[the] aforementioned campaign would negatively affect the

Defendant’s acknowledgement that her continued involvement in

desist constitutes harassment under RSA 644:4 and that the

conduct despite the Plaintiff’s numerous requests to cease and “take her back to Court” that her continuation with that course of 3 purpose in engaging [in] said contact was to force the Plaintiff to

Walker, 158 N.H. 602, 605 (2009) (quotation and ellipsis omitted).

behind the Defendant’s actions and her acknowledgement that her This Court is entering a specific finding that based upon the intent

protective order. The trial court concluded as follows: After the hearing, the trial court granted the plaintiff’s request for a

harm to her and their children. has given him credibility and that, in fact, it is the plaintiff who has caused believed the plaintiff’s position as a doctor and member of the Mormon Church when it comes to [the] children and their needs.” She further testified that she him into taking her to court because she believes he does not “listen to [her] that her numerous communications with the plaintiff were her attempt to force plaintiff were false or that she made them to cause him harm. She testified the defendant denied that any of her statements to news outlets about the evidential support or tainted by error of law.” Fillmore v. Fillmore p. 4 ongoing, credible threat to the plaintiff’s physical uphold the findings and rulings of the trial court unless they are lacking in insufficient evidence to support a finding that the defendant represented an “[W]e review sufficiency of the evidence claims as a matter of law, and well-being at the time he filed his domestic violence petition, there was defendant’s conduct negatively affected the plaintiff’s emotional or financial

Here, while there may have been substantial evidence that the

safety. RSA 173-B:5, I; Walker shown a need for protection from an ongoing, credible threat to his or her plaintiff’s safety. finding that the defendant’s conduct constituted a credible threat to the Domestic violence protective orders are to be utilized when a victim has under RSA 644:4, we hold that the evidence fails to support the trial court’s without deciding, that the defendant’s conduct met the criteria for harassment defendant’s conduct constituted a credible threat to the plaintiff’s safety). of RSA chapter 173-B and RSA 644:4 (Supp. 2010) were not met. Assuming, finding of harassment, they were insufficient to support a finding that the protective order should not have been granted because all of the requirements gestures made by the defendant to the plaintiff were enough to support a enumerated in RSA 173-B:1, I – harassment. Nevertheless, she argues that the N.H. 441, 441-43 (2002) (holding that while unwanted telephone calls and rude The defendant does not dispute that the petition alleges one of the acts credible threat to his safety exists. In the Matter of Alexander and Evans, 147 personal safety based upon non-violent harassment to support a finding that a objective, we have required a plaintiff to show more than a generalized fear for

Fillmore, 147 N.H. at 285. judgments on the credibility of witnesses and the weight to be given testimony.” performing this review, “[w]e accord considerable weight to the trial court’s 283, 284 (2001) (quotation omitted); see RSA 173-B:3, VI (Supp. 2010). When

to bring about a cessation of abuse.” Id preponderance of the evidence, the court shall grant such relief as is necessary B:5, I (Supp. 2010). “Upon a showing of abuse of the plaintiff by a defendant represents a credible threat to the safety of the plaintiff.” RSA 173resides, alleging abuse by the defendant.” “A finding of abuse shall mean the . . . by filing a petition, in the county or district where the plaintiff or defendant Pursuant to RSA 173-B:3, I (Supp. 2010), “[a]ny person may seek relief B:1, I (Supp. 2010). such conduct constitutes a credible threat to the plaintiff’s safety.” RSA 173enumerated acts, such as harassment, by a spouse or former spouse, “where 173-B, means “the commission or attempted commission” of certain

Reversed

DALIANIS, C.J.