In re Marriage of Stewart

Nichole Stewart (plaintiff) was the custodial parent of her and Wilson Stewart's (defendant) two children under a permanent parenting plan giving Wilson visitation. Over time the children witnessed Wilson commit repeated domestic violence against Nichole, escalating to two fourth-degree assault charges; various visitation adjustments failed to stop the violence. Nichole sought a domestic-violence protection order barring Wilson from contacting her or the children. A court commissioner granted a temporary restraining order, then after a hearing suspended the parenting plan and barred Wilson from contact for one year, finding Nichole more credible. Wilson's motion to revise the parenting plan was denied; Nichole then moved to revise it herself, and Wilson appealed both the protective order and the denial of his motion.