Nohner v. Anderson

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

The parties own a home as joint tenants. Respondent Nohner obtained an ex parte temporary order for protection on August 1, 1989, alleging that petitioner Anderson injured Nohner’s arm. The return date on the order to show cause was August 8. On that date, both parties requested an eviden-tiary hearing. The court took no evidence on the petition and made no finding of domestic abuse, but it continued the ex parte temporary order “in full force and effect” until an evidentiary hearing on October 18. Anderson seeks a writ of prohibition, arguing the…