DVO (CR 60.02 RELIEF): ROBERTS V. BUCCI (COA 3/9/2007)

ROBERTS V. BUCCI
FAMILY LAW:  DVO and Family Court Jurisdiction in CR 60.02 relief
2006-CA-000552
PUBLISHED:  VACATING AND REMANDING;  COMBS
DATE RENDERED: 3/9/2007

Question:  Does the family court have jurisdiction to consider a CR 60.02 motion involving a DVO?

Answer:  Yes.  By its plain language, CR 60.02 provides an avenue by which a party may seek to be relieved from a “final judgment, order, or proceeding.”  Where the issuance of a DVO adjudicates all of the rights of both parties in the proceedings with nothing left for its consideration, the order is final.  In fact, in cases where issuance of a DVO adjudicates all rights of the parties, the parties also have the right to appeal.  Therefore, the relief afforded by CR 60.02 as to “final judgments, orders, or proceedings” is available as to DVOs if a movant sets forth any of the criteria covered by the rule.   

As digested by Michelle Eisenmenger Mapes, Diana L. Skaggs + Associates

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