The respondent, Edward Alan Stocker, brought a motion to set aside a restraining order previously granted without notice to the applicant, Laura Lynn Boyle.
The parties, common-law spouses, were living separately in their co-owned home.
Stocker argued the order was based on false facts and used as a tactic for exclusive possession.
The court found that on a full record, Boyle did not have reasonable grounds to fear for her safety, and her initial affidavit lacked full disclosure.
The court emphasized that ex parte restraining orders should expire at the next hearing, shifting the burden back to the applicant to re-establish entitlement.
The restraining order was set aside.
