State v. Zurmiller

LEVINE, Justice,

concurring.

Just as a pattern of domestic violence is one means of exercising control and domination over a household partner, so is stalking, harassing or threatening an ex-spouse. Here, Zurmiller was unambiguously instructed by the protection order not to do any of the above. He was also forbidden to contact his former spouse. In my view, it would not have been clear error for the fact finder to find Zurmiller violated the protection order with regard to any or all categories of the prohibited conduct. Zurmiller is no Monson. See State v. Monson, 518 N.W.2d 171 (N.D.1994).

I therefore concur in the affirmance of the conviction.