Abuse of Discretion Domestic Abuse Injunction.

Byline: Derek Hawkins

WI Court of Appeals District IV

Case Name: Petitioner v. Anthony Rineer

Case No.: 2018AP2043

Officials: Fitzpatrick, P.J., Blanchard, and Kloppenburg, JJ.

Focus: Abuse of Discretion Domestic Abuse Injunction

Anthony Rineer appeals a domestic abuse injunction entered against him by the circuit court (the Hon. Jill J. Karofsky) on September 5, 2018. We do not identify the petitioner by name in light of the nature of the allegations, but refer to her as "the petitioner." We identify below each argument that Rineer makes and explain why we reject each of his arguments.

The record in this case reflects events from 2017 that occurred in a prior set of circuit court proceedings involving the same parties. As pertinent to issues raised in this appeal, on November 29, 2017, the circuit court (the Hon. William E. Hanrahan) dismissed two petitions for domestic abuse injunctions one filed by Rineer against the petitioner and the other filed by the petitioner against Rineerbased on a stipulation of the parties. The stipulation included an agreement that the parties would have no contact with each other going forward.

Rineer's argument on appeal on this topic is unclear, but we reject it on the ground that the circuit court's response to the particular objection raised was well within its discretionary authority. See Martindale v. Ripp, 2001 WI 113, 28, 246 Wis. 2d 67, 629 N.W.2d 698 (evidentiary decisions are reviewed under the erroneous exercise of discretion standard, which allows circuit courts "broad discretion").

Rineer acknowledges that "one instance of domestic abuse is enough for a circuit court to issue an injunction" under WIS. STAT. 813.12(1)(am), (4). However, he argues that reversal is required because additional findings that the circuit court made in support of its ruling "are not...