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Gehrke v. Gehrke

Supreme Judicial Court of Maine

May 7, 2015

JANA GEHRKE et al.
v.
CHAD GEHRKE

Argued April 8, 2015.

As Amended May 14, 2015.

Page 1253

Judgment affirmed.

On the briefs:

Walter F. McKee, Esq., and James A. Billings, Esq., McKee Billings, LLC, P.A., Augusta, for appellant Chad Gehrke.

Paul Sumberg, Esq., Wright & Mills, P.A., Skowhegan, for appellee Jana Gehrke.

At oral argument:

James A. Billings, Esq., for appellant Chad Gehrke.

Lawrence P. Bloom, Esq., Bloom & Bloom, Skowhegan, for appellee Jana Gehrke.

Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and HJELM, JJ.

OPINION

Page 1254

SAUFLEY, C.J.

[¶1] Following a pattern of violence, threats, suicide threats, and failure to comply with increasingly restrictive court orders, Chad Gehrke appeals from a judgment entered in the District Court (Skowhegan, Benson, J. ) extending a protection from abuse order protecting his ex-wife, Jana Gehrke, and the parties' three sons for an additional two years. He argues that the court erred in relying on evidence of conduct that occurred before the original protection from abuse order was entered in finding that the extended order was " necessary" to protect Jana and the children, and that the extended protection order violates his constitutional due process rights as a parent. 19-A M.R.S. § 4007(2) (2014). We affirm the judgment.

I. BACKGROUND

A. Procedural History

[¶2] In July 2012, Jana Gehrke filed a complaint against Chad Gehrke seeking protection from abuse for herself and their three sons (then ages twelve, nine, and seven). The parties agreed to the entry of a protection order without findings of abuse, and the court ( Stanfill, J. ) entered an order on July 20, 2012. The order authorized Chad to contact Jana only indirectly through identified individuals and only regarding the children, and it authorized contact with the children under the supervision of ...


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