S.T.T. v. M.T.M.
Defendant appealed the FRO entered against him. The married parties had two children and plaintiff alleged defendant committed predicate acts of harassment and assault and committed prior acts of domestic violence. Plaintiff contended defendant pushed and shoved her numerous times during an altercation. Defendant asserted they had a verbal argument and plaintiff pushed and scratched him.
Officer testified that following plaintiff's report concerning the alleged incident, officer did not observe any signs of physical violence for either party. Trial court found plaintiff was the more credible witness and defendant lacked credibility based on his demeanor and was argumentative.
Trial court also based its determination of defendant's credibility on his actions and claim of a medical emergency at a prior hearing.
Appeal Court found trial court erred in its credibility determinations because it relied on information and events outside the trial record.
Trial court focused on defendant's purported medical emergency at the previous proceedings, there was no testimony or evidence concerning the emergency during the FRO trial but trial court relied on the claimed emergency to support its credibility findings.
Source April 19, 2021
