Sherwood v. Sherwood
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In this case from the Supreme Court of North Dakota, Derrick Sherwood appealed a district court order denying his motion to vacate a domestic violence protection order (DVPO) under N.D.R.Civ.P. 60. The court held a hearing and entered a DVPO restraining Derrick Sherwood from having contact with Valerie Sherwood, his ex-wife, and their two minor children. The order also required Derrick Sherwood to surrender his firearms to law enforcement. Later, the court amended the DVPO to remove the restriction on Derrick Sherwood’s possession of firearms. Derrick Sherwood later moved to vacate the DVPO altogether.
The Supreme Court of North Dakota held that the district court did not abuse its discretion in denying Derrick Sherwood’s request to treat Valerie Sherwood as a hostile witness or in denying Derrick Sherwood’s motion to vacate the DVPO. The court also held that the district court did not err in awarding Valerie Sherwood attorney’s fees.
Furthermore, the court held that Derrick Sherwood did not have standing to challenge the constitutionality of N.D.C.C. § 14-07.1-02(4)(g), which allows a DVPO to require, under certain circumstances, that the respondent surrender any firearm or other specified dangerous weapon. As the DVPO was amended to allow Derrick Sherwood to possess firearms, he did not have a justiciable controversy regarding the constitutionality of this statute.
The court affirmed the district court's decision.
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