STEPHEN P. NICKLES
FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2016-08717,
DIVISION "H-12" Honorable Monique E. Barial, Judge
Michael J. Hall Jonique Martin Hall Law Office of Michael J.
Hall, L.L.C. COUNSEL FOR PLAINTIFF/APPELLANT
Allyson D. Tuttle CATHOLIC CHARITIES ARCHDIOCESE OF NEW
ORLEANS/ PROJECT SAVE COUNSEL FOR DEFENDANT/APPELLEE
composed of Judge Roland L. Belsome, Judge Joy Cossich
Lobrano, Judge Regina Bartholomew-Woods
seeks review of the trial court's October 27, 2017
judgment granting of an Order of Protection against
Appellant. For the reasons that follow, we affirm.
AND PROCEDURAL BACKGROUND
Stephen P. Nickles ("Mr. Nickles"), and Appellee,
Shani Taylor ("Ms. Taylor") are the parents of a
minor child, J.N. On August 30, 2016, Mr. Nickles filed a
petition to establish paternity, custody, and a visitation
schedule.On July 3, 2017, Ms. Taylor filed a
Petition for Protection from Abuse alleging that Mr. Nickles
committed acts of domestic violence againt her and J.N.; the
trial court granted a Temporary Restraining Order. Prior to
ruling on the Order of Protection, the trial court conducted
a Watermeier hearing with the minor child.
October 27, 2017, the trial court granted an Order of
Protection in favor of Ms. Taylor and J.N. The trial court
granted supervised visitation in favor of Mr. Nickles. It is
from this Order of Protection that Mr. Nickles appeals.
Nickles' sole assignment of error is whether the trial
court erred in granting an Order of Protection against him
and in favor of Ms. Taylor and J.N. because Ms. Taylor failed
to prove that Mr. Nickles presented an immediate and present
danger of abuse to Ms. Taylor and J.N.
Court has stated that "[a]n appellate court reviews
domestic protective orders for abuse of discretion."
Rodriguez v. Claassen, 2016-0610, p. 3 (La.App. 4
Cir. 12/21/16), 207 So.3d 490, 493; Alfonso v.
Cooper, 2014-0145, p. 13 (La.App. 4 Cir. 7/16/14), 146
So.3d 796, 805. This Court has further stated that "the
trial court sitting as a trier of fact is in the best
position to evaluate the demeanor of the witnesses, and its
credibility determinations will not be disturbed on appeal
absent manifest error." Alfonso ...