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Erika Dawn Peterson-Weilacher v. Scott Matthew Weilacher
Date: 08-27-2024
Case Number: DR-23-33
Judge: Danni Coffman
Court: Eleventh Judicial District Court, Flathead County, Montana
Plaintiff's Attorney:
Click Here For The Best Kalispell Family Law Lawyer Directory
Defendant's Attorney:
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Description:
On January 18, 2023, Erika Dawn Petersen-Weilacher (Erika) petitioned the District Court pursuant to § 40-15-201, MCA, for a temporary order of protection based on assertions that during a December 28, 2022, incident at the Columbia Falls residence where she and Scott lived,[1] Scott "shoved [her] down the [outside] stairs and onto the cement" and then "violently shook" and hit her, breaking her nose. Erika further alleged that Scott "threatened to shoot" her and her adult daughter who was present at the time. Though she called 9-1-1 to report the incident, when law enforcement officers arrived, Scott was in hiding and Erika "too fearful" to disclose his whereabouts. The petition further alleged that Scott fled to Utah two days later and texted Erika that he would "deal with" her upon his return. Finally, the petition alleged prior incidents of violence-once on December 27, 2022, when Scott put Erika "in a chokehold until [she] tapped out" over a domestic "disagreement," and another earlier that year when Scott "attacked" her, "pulled [her] hair violently," and "strangled" her after coming home drunk.[2]
¶4 Pursuant to §§ 40-15-201(4) and -202(1), MCA, the District Court issued an ex parte immediate temporary Order of Protection on January 19, 2023, setting hearing on the matter for February 8, 2023. At 8:05 a.m. the morning of February 8th, Scott filed an "Emergency" pro se motion to continue the hearing on the asserted grounds that despite his "best efforts" he had experienced difficulty retaining Montana counsel from where he then resided in Utah and needed "at least an additional two weeks" to secure admittance for his "preferred Utah attorney." Scott certified that he served Erika "by depositing [the motion] into the U.S. mail" that day. Approximately an hour and a half later, the District Court issued a written order denying a continuance on the grounds that the "last minute" motion provided insufficient time in advance of the scheduled 1:30 p.m. hearing to notify Erika of any changes.
Kalispell, Montana family law lawyers represented the parties in protective order dispute.
On January 18, 2023, Erika Dawn Petersen-Weilacher (Erika) petitioned the District Court pursuant to § 40-15-201, MCA, for a temporary order of protection based on assertions that during a December 28, 2022, incident at the Columbia Falls residence where she and Scott lived,[1] Scott "shoved [her] down the [outside] stairs and onto the cement" and then "violently shook" and hit her, breaking her nose. Erika further alleged that Scott "threatened to shoot" her and her adult daughter who was present at the time. Though she called 9-1-1 to report the incident, when law enforcement officers arrived, Scott was in hiding and Erika "too fearful" to disclose his whereabouts. The petition further alleged that Scott fled to Utah two days later and texted Erika that he would "deal with" her upon his return. Finally, the petition alleged prior incidents of violence-once on December 27, 2022, when Scott put Erika "in a chokehold until [she] tapped out" over a domestic "disagreement," and another earlier that year when Scott "attacked" her, "pulled [her] hair violently," and "strangled" her after coming home drunk.[2]
¶4 Pursuant to §§ 40-15-201(4) and -202(1), MCA, the District Court issued an ex parte immediate temporary Order of Protection on January 19, 2023, setting hearing on the matter for February 8, 2023. At 8:05 a.m. the morning of February 8th, Scott filed an "Emergency" pro se motion to continue the hearing on the asserted grounds that despite his "best efforts" he had experienced difficulty retaining Montana counsel from where he then resided in Utah and needed "at least an additional two weeks" to secure admittance for his "preferred Utah attorney." Scott certified that he served Erika "by depositing [the motion] into the U.S. mail" that day. Approximately an hour and a half later, the District Court issued a written order denying a continuance on the grounds that the "last minute" motion provided insufficient time in advance of the scheduled 1:30 p.m. hearing to notify Erika of any changes.
Outcome:
Affirmed in part and reversed in part.
Peterson-Weilacher v. Weilacher, 2024 MT 195N, DA 23-0160 (Mont. Aug 27, 2024)
Peterson-Weilacher v. Weilacher, 2024 MT 195N, DA 23-0160 (Mont. Aug 27, 2024)
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Erika Dawn Peterson-Weilacher v. Scott Matthew Weilacher?
The outcome was: Affirmed in part and reversed in part. Peterson-Weilacher v. Weilacher, 2024 MT 195N, DA 23-0160 (Mont. Aug 27, 2024)
Which court heard Erika Dawn Peterson-Weilacher v. Scott Matthew Weilacher?
This case was heard in Eleventh Judicial District Court, Flathead County, Montana, MT. The presiding judge was Danni Coffman.
Who were the attorneys in Erika Dawn Peterson-Weilacher v. Scott Matthew Weilacher?
Plaintiff's attorney: Click Here For The Best Kalispell Family Law Lawyer Directory. Defendant's attorney: Click Here For The Best Kalispell Family Law Lawyer Directory.
When was Erika Dawn Peterson-Weilacher v. Scott Matthew Weilacher decided?
This case was decided on August 27, 2024.