Dunfield appeals protection order

Thursday, June 22, 2017

On Monday, Judge Dean Dankelson issued a full order of protection on behalf of Lillian M. Davis against local attorney, Dustin W. Dunfield. On Tuesday afternoon, Dunfield filed an appeal with the Western District of the Missouri Court of Appeals.

The appeal lists five issues which are expected to be raised. In the first two, Dunfield claims “there was a lack of substantial evidence to support the finding that the Respondent/Appellant [Dunfield] abused or threatened to abuse …” or “… harassed the Petitioner/Respondent” [Davis].

Third, the “Respondent was not a present or former adult family or household member of Petitioner/Respondent and there were as no evidence that Respondent/Appellant stalked the Petitioner/Respondent at any time.”

Fourth, “there was substantial evidence to support that the Petitioner/Respondent [Davis] harassed the Respondent/Appellant” [Dunfield].

Finally, Dunfield’s appeal claims “there was substantial and credible evidence to support the issuance of a Full Order of Protection in that Petitioner/Respondent [Davis] stalked the Respondent/Appellant” [Dunfield].

An Ex Parte (temporary) order of protection had been issued to Davis, on June 9 with a hearing on her request for the order of protection on Friday, June 16. At that hearing, Dankleson let Davis and Dunfield present their side of the case, call and interrogate witnesses as well as each other, with only the witnesses being formally placed under oath.

While on Wednesday, the Missouri Court of Appeals acknowledged receipt of the appeal, no hearing date has yet been set.

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