Malchan v. Howard

Malchan appeals an injunction entered against him for protection against domestic violence. He argues the trial court erred in entering an injunction based on a disputed event that occurred three years prior. We agree and reverse.

In July 2008, the mother of Malclian’s child filed a petition for injunction for protection against domestic violence. The petition alleged that in 2005, Malchan punched a wall in their home, pushed her into a wall, tried to choke her, and told her that he was going to kill her. There were no allegations of recent violence or threats of violence.

At the hearing, the…