People v Zoller, 2023COA 117 (Dec. 7, 2023)

In this case, a mandatory protection order (MPO) barred the father from having contact with his minor daughter, who was a victim to and witness of the domestic violence crimes to which he pled guilty. The father sought to modify the MPO so he could have contact with his daughter. Addressing an issue of first impression, the Court of Appeals determined that although the trial court properly found compelling circumstances to infringe on the father’s constitutional right to parental association, the trial court did not address whether the no-contact order was the least restrictive means to satisfy the purpose of the MPO. Therefore, the Court of Appeals remanded the case for further proceedings on the question of whether the purpose of the MPO could be achieved by less restrictive means.

A petition for rehearing or certiorari has been filed in this case.

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