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IN THE COURT OF APPEALS OF IOWA No. 9-044 / 08-0769 Filed March 11, 2009 KENDRA L. SPEICHER, Petitioner-Appellee, vs. DANIEL R. RAJTORA, Respondent-Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Linn County, James H. Carter, Judge.

Daniel Rajtora appeals a civil domestic abuse protective order issued in favor of Kendra Speicher. REVERSED AND REMANDED.

James W. Affeldt of Elderkin & Pirnie, P.L.C., Cedar Rapids, for appellant. Amy L. Reasner, Cedar Rapids, for appellee.

Considered by Vogel, P.J., and Vaitheswaran and Eisenhauer, JJ.

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EISENHAUER, J. Daniel Rajtora and Kendra Speicher are the parents of an eight-year-old daughter. Although they never married, the parties have resided with one

another on various occasions. Daniel appeals a civil domestic abuse protective order issued in favor of Kendra. He argues the district court's finding he

committed domestic abuse assault is not supported by a preponderance of the evidence. He specifically maintains there was insufficient evidence he acted in a manner "intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act." See Iowa Code

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