Kevin James Kleinschmidt v. Angela Rose Farkash

Minn. Ct. App.May 13, 2024No. a231068

Mixed ResultAngela Rose Farkash

Case Details

Status: Published
Procedural Posture: Appeal from district court decision on civil contempt and restraining order violation

Related Laws

No specific laws identified for this ruling.

Claim Types

Harassment

Outcome

Appellant's civil contempt finding and attorney fees award were affirmed, but the statutory fine imposed under Minn. Stat. § 588.10 was reversed as an improper criminal sanction in a civil contempt proceeding.

Excerpt

Appellant argues on appeal that the district court: (1) erred in finding her in civil contempt and in awarding respondent attorney fees because the underlying harassment restraining order expired prior to the contempt ruling; and (2) misapplied Minn. Stat. § 588.10 (2022) when it fined appellant because such a fine is a criminal sanction and appellant was found in civil, not criminal, contempt. We affirm the district court's finding of civil contempt and award of attorney fees to respondent, but we reverse the district court's imposition of a fine under Minn. Stat. § 588.10.

What This Ruling Means

**What Happened** This case involved a workplace harassment situation between Kevin Kleinschmidt and his employer, Angela Farkash. Kleinschmidt had previously obtained a harassment restraining order against Farkash. After this order expired, the court found that Farkash had violated the terms of the original restraining order and held her in civil contempt of court. **What the Court Decided** The Minnesota Court of Appeals issued a mixed ruling. The court upheld the finding that Farkash was in civil contempt and confirmed that she must pay Kleinschmidt's attorney fees. However, the court overturned a statutory fine that had been imposed on Farkash, ruling that such fines are criminal penalties and cannot be used in civil contempt cases. **Why This Matters for Workers** This ruling reinforces that harassment restraining orders in workplace situations have lasting consequences. Even after a restraining order expires, employers can still face legal accountability for violations that occurred while it was active. Workers who obtain restraining orders against harassers may be able to recover their legal costs through attorney fee awards. However, the decision also clarifies the limits of what penalties courts can impose in civil contempt cases.

This summary was generated to explain the ruling in plain English and is not legal advice.

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