Supreme Court

Stary v. Ethridge

• Case number: 23-0067
• Legal category: Constitutional Law
• Subtype: Due Process
• Set for oral argument: October 29, 2024

Case Summary

This case concerns the proper burden of proof to support a permanent protective order that prohibits contact between a parent and minor child.

Christine Stary and Brady Ethridge divorced in May 2018. In March 2020, Ethridge filed an application for a protective order, alleging that Stary had committed acts of family violence and abuse against their children, including an arrest for third-degree felony offense of injury to a child. The trial court granted the protective order, prohibiting Stary from having any contact with the children, stating that the order would remain in effect “in permanent duration for [Stary’s] lifetime” subject to the children filing a motion to modify the order.

Stary appealed, and the court of appeals affirmed. It held that the “permanent” protective order did not effectively terminate Stary’s parental rights, and, thus, due process did not require application of the “clear and convincing evidence” standard of proof; that the evidence is legally and factually sufficient to support the order; and that the trial court’s exclusion of Ethridge’s history of domestic violence was not reversible error.

Stary petitioned for review, arguing that due process requires a heightened standard of proof and that the evidence adduced does not rise to that level. The Supreme Court granted the petition.

Case summaries are created by the Court's staff attorneys and law clerks and do not constitute the Court’s official descriptions or statements. Readers are encouraged to review the Court’s official opinions for specifics regarding each case. Links to the full case documents are included above.