Justice Ellen Gesmer
This tort action was consolidated with a divorce action by husband DH against wife LB, who moved for summary judgment dismissing the claims of false imprisonment and malicious prosecution in the tort action. Mutual orders of protections (TOP) directing each party from committing a family offense against the other were issued. Police were called to the former marital home, and determined DH shoved LB during an argument causing her to fall and sustain an abrasion. They concluded DH violated the TOP and arrested him. DH was charged with criminal contempt and was issued a stay-away order. The charge was later dismissed and vacated. The court found there was probable cause to arrest DH, noting the dismissal of the charge was irrelevant to the issue of whether there was probable cause for the arrest. It noted DH never heard any conversation between LB and the officers, thus his claims that he was arrested at her insistence was hearsay, stating he failed to identify anyone who would verify his allegations. Hence, as LB showed she had a complete defense to DH’s claims, and he failed to meet his burden to rebut LB’s showing, summary judgment was granted.
