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Wolters v. Wolters

Court of Appeal of Iowa

August 21, 2013

TAMMIE L. WOLTERS, Plaintiff-Appellee,
v.
MONTE C. WOLTERS, Respondent-Appellant.

Appeal from the Iowa District Court for Floyd County, Colleen D. Weiland, Judge.

Monte Wolters appeals from the issuance of a final domestic abuse protection order against him.

Gary Papenheim, Parkersburg, for appellant.

Evelyn Ocheltree of Iowa Legal Aid, Mason City, for appellee.

Tammie Wolters, Rudd, IA, appellee pro se.

Considered by Potterfield, P.J., and Mullins and Bower, JJ.

POTTERFIELD, P.J.

Monte Wolters appeals from the issuance of a final domestic protection order against him in favor of his former wife, Tammie Wolters. He argues sufficient evidence did not support the finding of domestic abuse. We affirm, finding sufficient evidence to show that Monte committed domestic abuse.

I. Facts and proceedings.

Tammie and Monte were married until a dissolution decree was filed in November of 2011. They have two children who were visiting with Monte when the disagreement leading to the protective order began, culminating in an altercation when he returned the children on Sunday, October 28, 2012. Tammie's friend, Bradley Gentz, drove her to meet Monte for the exchange at a local gas station. Gentz and Monte had been communicating by text message and phone during the previous evening while Gentz and Tammie were together in a social situation; the exchanges between Gentz and Monte were provocative. This resulted in threatening text messages sent from Monte to Tammie's phone but directed to Gentz. At the time of the exchange of the children, Monte pulled in to the parking lot very quickly, slamming the vehicle into park. He began screaming and cursing at Tammie and Gentz to get out of the car. Monte also pounded on the driver's window where Gentz was sitting with a gun visible in his lap, and tried to open Gentz's door.

Tammie left the vehicle to retrieve the children from Monte's car while Monte screamed at them to stay put. Once the children were in her vehicle, she locked the door and Gentz attempted to leave; however, Monte stood in front of the vehicle to prevent their departure. Monte called law enforcement, and the parties were interviewed by deputies the following day.

Tammie filed a petition for relief from domestic abuse on October 29, 2012, and requested a protective order be entered against Monte to prevent him from contacting her or coming near her at work or home. Her description of "the most recent injury on the petition form was a description of the events of the visitation exchange; she included in "any other injuries" several events during her marriage with Monte, the most recent of which occurred just over a year prior. A temporary protective order was entered, and a hearing was held in November.

Tammie and Monte testified at the hearing, as did Monte's wife and Gentz. In addition to the October 2012 incident, Tammie testified to incidents of violence between her and Monte during their marriage, including him pinning her in a corner, putting his hands around her throat, punching through the bathroom door, and throwing a glass of milk at her head. Monte admitted to the bathroom door and glass of milk incidentsčš‹ he claimed to be aiming the glass of milk at the wall behind her head. Monte also testified that his recent behavior was in response to Gentz pointing a gun at him. Tammie and Gentz admitted Gentz had a gun, but contended that he never pointed it at Monte. The court entered a final domestic abuse protective order to remain in effect for one year. The court noted it ...


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