Berchie Marie Wiser v. Raymond Winfred Wiser

The husband and wife had separated, and the wife then filed for an Order of Protection against the husband, which was granted by the Trial Court. The wife then filed a Complaint for divorce, which was ultimately granted and in the final divorce decree the Trial Court incorporated the Marital Dissolution Agreement which contained a mutual restraining order which restrained the parties from coming about, harassing or threatening or assaulting each other. Subsequently, the wife filed a motion in this case to extend the Order of Protection, and after an evidentiary hearing, the Trial Court extended the Order of Protection for five years, as allowed by statute. The husband appealed, and on appeal argues that the divorce decree, voided the Order of Protection. We hold that the Trial Judge acted in accordance with the statute in extending the Order of Protection, and the divorce decree did not remove jurisdiction from the Trial Court to issue the extended Order of Protection.