Embree v. Balfanz

Appellant James Balfanz, defendant in the case below, appeals from a Windsor Family Court order granting appellee Daniel J. Embree’s request for relief from abuse. Balfanz argues on appeal that he and Embree are neither “family members” nor “household members” within the ambit of 15 V.S.A. §§ 1101-1160, and that Embree is therefore precluded from obtaining such relief. We agree, and reverse the order.

In 1987, Embree married Heidi (Wilcox) Embree. Approximately one year later, Balfanz married Heidi’s sister, Shelly (Wilcox) Balfanz. At the time that this case was brought, Embree and his wife…