This decision has been referenced in a "Decisions Without Published Opinions" table in the North Western Reporter.
Appeal from the Iowa District Court for Delaware County, Thomas A. Bitter, Judge. Appellant-Respondent appeals from an order of protection issued pursuant to Iowa Code chapter 236 (2013).
Jacob Koller and Allison Slager of Simmons Perrine Moyer Bergman, P.L.C., Cedar Rapids, for appellant.
Robert Sudmeier of Fuerste, Carew, Juergens & Sudmeier, P.C., Dubuque, for appellee.
Considered by Vogel, P.J., and Tabor and McDonald, JJ.
Tom Arens appeals from a final domestic abuse protective order issued pursuant to Iowa Code chapter 236 (2013). The challenged order limits Tom's contact with his spouse Crissy Arens. On appeal, Tom challenges the sufficiency of the evidence supporting the finding that he committed domestic abuse assault against Crissy. We affirm.
On August 2, 2013, Crissy filed her petition for relief from domestic abuse arising out of an incident between her and Tom occurring on July 10, 2013. The district court entered a temporary protective order and set the matter for hearing on the final protective order. Crissy and Tom each testified at the final hearing.
For some time before the incident occurring on July 10, Tom had suspicions Crissy was being unfaithful. When Tom arrived home on the evening of July 10, his daughter showed him text messages on Crissy's cell phone. The messages contained a photo of another man's penis and Crissy's request that the other man send another photo of his penis. At the same time Tom was viewing the text messages, Crissy was smoking a cigarette in the garage. When Crissy came back into the house from the garage, Tom asked her about the text messages. When confronted with the text messages, she demanded Tom return the cell phone to her; but he refused, stating that he was going to show the text messages to Crissy's father.
The parties' testimony about what occurred next is largely consistent. Crissy testified that she followed Tom throughout the house trying to prevent Tom from leaving with the cell phone in his possession:
Q. Now, you've testified today that Tom wanted to leave the residence; correct? A. Yes, he had, I think--I'm pretty sure it was something with the booster club, and I believe [our son] had practice of some sort going on that evening.
Q. So he just wanted to get out of there? A. Yes.
Q. You kept following him around; correct? A. I asked for ...