M.A. v. K.C.

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2023-0044, M.A. v. K.C., the court on May 17,
2023, issued the following order:

The court has reviewed the written arguments and the record submitted on
appeal, and has determined to resolve the case by way of this order. See Sup. Ct.
R. 20(2). The defendant appeals an order of the Circuit Court (Ryan, J.),
following a hearing, granting a civil stalking final order of protection in favor of
the plaintiff. See RSA 633:3-a (Supp. 2022). We affirm.

On appeal, the defendant challenges the trial court’s factual findings and
credibility determinations. We uphold the findings and rulings of the trial court
unless they are lacking in evidentiary support or are erroneous as a matter of
law, and accord considerable weight to the trial court’s judgments on the
credibility of witnesses and the weight to be given testimony. Fisher v.
Minichiello, 155 N.H. 188, 190 (2007). Here, the defendant has failed to provide
this court with a transcript of the hearing. See Bean v. Red Oak Prop. Mgmt.,
151 N.H. 248, 250 (2004) (holding that “[i]t is the burden of the appealing
party . . . to provide this court with a record sufficient to decide [the] issues on
appeal”). Accordingly, absent a transcript of the hearing, and in light of our
deferential standard of review, “we must assume that the evidence was sufficient
to support the result reached by the trial court.” Id.

Affirmed.

MacDonald, C.J., and Hicks, Bassett, Hantz Marconi, and Donovan, JJ.,
concurred.

Timothy A. Gudas,
Clerk