Keller v. Keller

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Karen Keller appealed after a district court entered a disorderly conduct restraining order against her. Karen is married to Chad Keller. Chad previously was married to Nichole Keller and had three children with Nichole. According to Nichole, she emailed Chad stating she would like to pick up the two youngest children. Chad responded that the children did not want to go. Nichole went to Chad’s house at the time Nichole said she wanted to pick up the children, accompanied by Rachel Parker. She was met at the edge of the home’s property line by Karen, who appeared with her hands behind her back, concealing a handgun. Nichole and Rachel Parker asked Karen why she was carrying the handgun and Karen responded she did not know the person Nichole was with and did not trust her. Nichole testified that Karen did not point the gun at her or make any threatening or violent statements, but that after that encounter, she was fearful for her life and the safety of her kids. Nichole petitioned for a disorderly conduct restraining order against Karen. Karen argued the district court abused its discretion in issuing the order because she did not make a threat of harm against Nichole and her actions were constitutionally protected. Nichole did not file a brief. The North Dakota Supreme Court found that Karen’s conduct on her property was constitutionally protected. The district court erred as a matter of law by not excluding the constitutionally protected activity. View "Keller v. Keller" on Justia Law