from the District Court of Cass County, East Central Judicial
District, the Honorable Thomas R. Olson, Judge.
D. Mitzel, petitioner; no appearance.
Katherine D. Larson, respondent and appellant; on brief.
William R. Hartl for respondent and appellant.
1] Katherine Larson appeals from a district court disorderly
conduct restraining order issued against her. We reverse,
concluding the court abused its discretion in issuing the
2] Larson and James Mitzel were in a romantic relationship
from June 2015 to January 2016. After the relationship ended,
Larson obtained an order for protection in Minnesota,
alleging Mitzel had physically and sexually assaulted her in
3] In February 2016 Mitzel petitioned the district court for
a disorderly conduct restraining order against Larson,
alleging she had harassed him and his wife through email,
text messages, and social media. The court issued a temporary
thirty-day restraining order and scheduled a hearing for
March 3, 2016. The hearing was continued until March 17,
2016, and after the hearing, the court issued a one-year
disorderly conduct restraining order against Larson. The
order prohibited Larson from contacting Mitzel and excluded
her from his home.
4] Larson argues the district court did not have personal
jurisdiction over her because a sheriff did not personally
serve her the temporary restraining order under N.D.C.C.
§ 12.1-31.2-01(5)(b). She also argues the parties did
not agree to continue the hearing from March 3, 2016, to
March 17, 2016.
5] A party may waive a personal jurisdiction argument by
voluntarily submitting to the personal jurisdiction of the
court. Investors Title Ins. Co. v. Herzig, 2010 ND
138, ¶ 57, 785 N.W.2d 863. Regarding the continuance of
the hearing, the following exchange took place between the
court and Larson's attorney:
The Court: All right. And Ms. Larson is here in court with
her attorney, Ms. Gehrig.... This is the time and place for a
hearing on whether to make a protection restraining order
permanent. A temporary order has been issued. Now is the ...