This opinion will be unpublished and
may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (2004).
IN COURT OF APPEALS
Chris T. Skelton,
Filed August 9, 2005
Order vacated and remanded for hearing
Toussaint, Chief Judge
File No. CX-04-2310
Christopher T. Skelton, 15001 Highway 24 Northwest, Clearwater, MN 55320 (pro se appellant)
Considered and decided by Wright, Presiding Judge; Toussaint, Chief Judge; and Parker, Judge.*
U N P U B L I S H E D O P I N I O N
TOUSSAINT, Chief Judge
Appellant Chris T. Skelton challenges the district court’s harassment restraining order issued pursuant to Minn. Stat. § 609.748, subd. 5(a) (2004), arguing he was not provided a full hearing. Because the district court did not swear in the witnesses before receiving their testimony, we vacate the order and remand for a full hearing.
In June 2004, respondent Pam L. Secklin requested the district court issue a restraining order prohibiting Skelton from having any contact with her and requiring that he stay away from her residence and her place of employment. Secklin alleged that after ending a brief relationship she had with Skelton, he made unwanted visits to her home, verbally abused her, made unwanted phone calls to her, and sent her numerous emails. Based on Secklin’s petition and accompanying statement, the district court issued a harassment restraining order prohibiting Skelton from having any contact with Secklin.
After Skelton was served with a copy of the order, he requested a hearing under Minn. Stat. § 609.748 (2004) to challenge the order. Both Secklin and Skelton offered testimony at the hearing, but the district court did not swear in either person. Following the hearing, the district court issued a harassment restraining order prohibiting Skelton from having any contact with Secklin for two years.
Here, the district court did not swear in the witnesses before receiving their testimony. Therefore, Skelton was not provided a full hearing before the district court issued a restraining order to be in effect for two years, and he is entitled to a new hearing.
Order vacated and remanded for hearing.
* Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, § 10.