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IN THE COURT OF APPEALS OF IOWA No. 0-988 / 10-1174 Filed April 27, 2011

GLENDA R. LOVRIEN, Petitioner-Appellant, vs. DISTRICT COURT FOR BUTLER COUNTY, Respondent-Appellee. ________________________________________________________________

Certiorari from the Iowa District Court for Butler County, Christopher C. Foy, Judge.

Glenda Lovrien asserts the district court did not properly apply the law in its denial of her application for waiver of conciliation counseling, and therefore the ruling should be reversed. WRIT SUSTAINED.

Amber L. Markham of Iowa Coalition Against Domestic Violence, Des Moines, and Karen Thalacker of Gallagher, Langlas, & Gallagher, P.C., Waverly, for appellant. John J. Hines of Dutton, Braun, Staack, Hellman, P.L.C., Waterloo, for appellee.

Heard by Vogel, P.J., and Doyle and Tabor, JJ.

2 VOGEL, P.J. In this case, we are called to determine if conciliation services in a dissolution action are mandated, or whether a waiver should have been granted. Glenda Lovrien was granted certiorari review from a district court ruling denying her application for waiver of conciliation counseling. She asserts the district court erred in finding that a single incident of domestic abuse did not constitute a "history of domestic abuse" for purposes of waiving conciliation counseling pursuant to Iowa Code section 598.16(7) (2009). We sustain the writ. I. Background Facts and Proceedings A petition for dissolution of marriage was filed by Glenda on February 5, 2010, stating "that counseling would not help preserve the marriage." In Keith Lovrien's answer he requested "marital counseling be ordered by the court." On June 3, Glenda filed an application for waiver of counseling pursuant to Iowa Code section 598.16(7), citing "a history of domestic abuse," which included the issuance of a protective order and Keith's criminal conviction for simple assault, both stemming from the same March 25, 2009 incident. On June 9, Keith filed a resistance to Glenda's request for waiver. On June 15, the district court denied Glenda's request for waiver and entered an order appointing a conciliator. Glenda filed an application for reconsideration on June 17, which Keith resisted. On June 28, the district court denied Glenda's application for reconsideration. Glenda filed a petition for a writ of certiorari on July 15 with the supreme court, which was granted on August 5.

3 II. Standard of Review "Certiorari is an action at law to test the legality of an action taken by a court or tribunal acting in a judicial or quasi-judicial capacity." Petersen v.

Harrison Cnty. Bd. of Supervisors, 580 N.W.2d 790, 793 (Iowa 1998). "A writ of certiorari shall only be granted . . . where an inferior tribunal, board or officer, exercising judicial functions, is alleged to have exceeded proper jurisdiction or otherwise acted illegally." Iowa R. Civ. P. 1.1401. In an original certiorari

proceeding, our review is for errors at law. State Pub. Defender v. Iowa Dist. Ct. for Black Hawk Cnty., 633 N.W.2d 280, 281

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