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State v. Dvorak1/19/2000
rson to be restrained has been served a copy of the order, a violation of the order is a class A misdemeanor and also constitutes contempt of court. A second or subsequent violation of a protection order is a class C felony subject to the penalties therefor.
[ ] Generally, a party may only challenge the constitutionality of a statute as applied to that party. State v. Morris, 331 N.W.2d 48, 58 (N.D. 1983); State v. Rippley, 319 N.W.2d 129, 134 (N.D. 1982).
[ ] Here, Dvorak's divorce decree had been amended in April 1997 to limit him to supervised visitation with his children and to restrain him from harassing any member of his ex-wife's family. Dvorak appeared and was represented by counsel in proceedings leading up to the May 1997 protection order. Dvorak was served with the protection order, and this conviction was his second for violating that order. He admitted he understood the protection order, and offered evidence the order was "illegal" and "false." Dvorak does not claim his contact with his children and his ex-wife's parents was innocent or a mistake. Because Dvorak has not claimed his acts which brought him within the prohibitions of N.D.C.C. § 14-07.1-06 were innocent or mistaken, he may not challenge the constitutionality of the statute as applied to his conduct.
IV.
[ ] Dvorak argues the May 1997 protection order was invalid, because his ex-wife's request for the order did not seek protection for her parents and did not seek to preclude contact with her parents and his children although the order provided for their protection.
[ ] Dvorak had notice of the protection order, and his argument represents an impermissible collateral attack on the order. See Interest of R.A., 551 N.W.2d 800, 802 (N.D. 1996); State v. Stuart, 544 N.W.2d 158, 163 (N.D. 1996); State v. Mertz, 514 N.W.2d 662, 666-67 (N.D. 1994). If Dvorak believes the protection order was invalid, his remedy was to have timely appealed that order.
V.
[ ] We affirm Dvorak's conviction.
[ ]Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
William A. Neumann
Mary Muehlen Maring
Carol Ronning Kapsner
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