After this court’s grant of her application for discretionary review, Mary Buchheit appeals the superior court’s finding that she committed an act of Family Violence. After reviewing the record, we agree with Mary Buchheit that based on the record before us, the trial court’s decision was erroneous. Accordingly, we reverse. The facts surrounding this appeal are the following. On December 17, 2001, Ashley Stinson, as guardian ad litem for minor child R. B. filed a Petition to Prevent Family Violence. The petition alleged that R. B.’s mother, Mary Buchheit, had caused the child emotional and physical harm. It stated that Buchheit was involved in a custody matter regarding her two minor children and that a guardian had been appointed. The petition further alleged that the guardian had learned that Buchheit had “pulled the . . . . child’s hair and hit the child due to the child speaking with the guardian and/or because of what the child has told the guardian’s office.” Further, the petition claimed that Mary Buchheit had “threatened the child that she will not love her anymore if she tells anyone what defendant has said —or if she says she wants to live with her father.” The petition also stated: “the defendant has slapped the minor child when the child has tried to explain that she wants to stay out of the middle or doesn’t want to talk about the custody case.” The petition claimed that the guardian had confirmed the details with the child and also stated that the child was afraid of further violence if she stayed in the home. The petition claimed that Mary Buchheit had therefore committed the act of simple battery; it sought to have the child placed with the father who had joint legal custody of the children, or in the alternative, to place the child with DFCAS. The petition concluded with the statement: “the guardian has made a school visit 12/12/01. The child confirmed the above continues in the home. The child is afraid of further violence if she remains in the home.”
On that same date, the court entered “An Ex-Parte Temporary Protective Order,” under the Family Violence Act, instructing the sheriff to effectuate transfer of custody of R. B. to her father and further directing that the mother was to have “absolutely no contact” with the child until further order of the court.
