Electronically Served 3/1/2018 2:33 PM Dakota County, MN STATE OF MINNESOTA COUNTY OF DAKOTA David Rucki, Samantha Rucki, and olbr?o minor children, Petitioners, v. Deirdre Elise Evavold, Respondent. The above-entitled matter came before the Honorable Kathleen R. Gearin, Judge of District Court, on February 27, 2018, at Dakota County Western Service Center, Apple Valley, Minnesota upon Petitioner?s emergency motion for relief and to hold Respondent in constructive civil contempt. Lisa Elliott, Esq. appeared on behalf of the Petitioner David Rucki, who was personally present. 19AV-CV-17-1950 DISTRICT COURT FIRST JUDICIAL DISTRICT ?le No. 19AV-CV-17-1950 FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER Respondent was personally present and appeared pro se. Based upon the proceedings, this Court makes the following: 1. On July 28, 2017, an Ex Parte Harassment Restraining Order was issued in favor of Petitioners against Respondent. The order speci?cally provided that Respondent shall not name any member of the Rucki Family in any blog posting, social media posting, or internet posting. FINDINGS OF FACT Hm DWAW.WMW MAR 1 2013 19AV-CV-17-1950 . On August 17, 2017, Petitioner ?led an af?davit alleging that Respondent violated the Ex Parte Harassment Restraining Order by naming the Rucki family in blog postings and social media postings. . On August 24, 2017, Respondent ?led a Notice of Objection and Motion to Vacate the Harassment Restraining Order. The motion was continued to allow for proper service and the opportunity for Petitioner to properly prepare and respond. The Court determined that the issue of the validity of the temporary restraining order should be determined prior to disposition of a related criminal case but it has not yet been heard or resolved. The hearing as to that issue has been continued until May 16, 2013. . The Ex Parte Harassment Restraining Order is in effect and valid unless and until determined otherwise. . On December 13, 2017, Petitioner ?led an Emergency Motion seeking an order that required Respondent to remove the Red Herring Alert Blog post of December 12, 2017, that speci?cally published Petitioners' home address on the posting in violation of Minnesota Statutes ?609.748, Subd. 1a. . On December 13, 2017, Petitioners requested to continue the hearing as to the issue of the validity of the Restraining Order. Respondent objected to the continuance and renewed her request that the harassment restraining order be dismissed. . Judge Philip T. Kanning issued an Order dated January 4, 2018, and ?led on January 9, 2018, granting the continuance of the hearing regarding 19AV-CV-17-1950 the validity of the restraining order. A hearing on that issue is scheduled for May 16, 2018. 8. Judge Kanning's Order also found that Respondent posted an article dated December 12, 2017 which contained Petitioners? home address, and that posting of the Petitioners? home address was a violation of the restraining order. 9. Judge Kanning ordered ?that Respondent immediately remove from any social media blog that she has authored, or has access and control over, including, but not limited to the RED HERRING ALERT blog, the entire article together with any attachments dated December 12, 2017". The Court found that the posting was a violation of the Harassment Restraining Order. 10.The Order dated January 4, 2018 also states that the Harassment Restraining Order issued on July 28, 2017 remains in full force and effect unless and until it is found to be invalid by Court Order. 11. Respondent was aware of the restraining order and the January 4, 2018 Order. The January 4, 2018 Order clearly de?ned the acts that Respondent was expected to perform remove the entire blog post and follow the prior orders). 12. Respondent had notice of the Court's orders and was given a reasonable time to comply with the Court Orders. 13. Respondent received notice of this hearing and had the opportunity to demonstrate her compliance with the Court Order. 19AV-CV-17-1950 14. Respondent had the ability to remove the blog postings and comply with the Orders. 15. Respondent failed to comply with the Court Orders dated July 28, 2017 and January 4, 2018. 16. Respondent?s testimony regarding her knowledge of the other post authors and the ability to control and edit the postings on the blog was not credible. CONCLUSIONS OF LAW 1. Respondent is in constructive civil contempt of the Harassment Restraining Order dated July 28, 2017 and the Order of Judge Kanning dated January 4, 2018, ?led on January 9, 2018. ORDER 1. Respondent shall serve 30 days in the Dakota County Jail. Execution is stayed for 10 days, until March 9, 2018 at 9:00 am. on the following purge conditions: Prior to March 9, 2018 at 9:00 Respondent shall remove ALL blogs/pos?ngs, social media or internet postings that refer to the Rucki family as named in the Harassment Restraining Order, including all of the December 12, 2017 blog post and the following blog posts: a. the entire post titled ?Beaten Before Born: Sandra Grazzini-Rucki Assaulted While Pregnant Rucki Wanted to Kill Baby Because ?Wasn?t Perfectf", dated December 18, 2017, from the Red Herring Alert Blog and 19AV-CV-17-1950 [or any subsequent revisions to the post along with any reposts andlor posts to Facebook and Twitter, which is a direct violation of Minnesota Statue 609.748, Subd.1a; . the entire post titled ?Chief Deputy Dakota County Attorney Phillip Procopowicz Gives It Another dated December 23, 2017, from the Red Herring Alert Blog and [or any subsequent revisions to the post along with any reposts and/or posts to Facebook and Twitter, which is a direct violation of Minnesota Statue 609.748, Subd.1a; . the entire post titled ?But She Looks So Sweet", dated December 27, 2017, from the Red Herring Alert Blog and [or any subsequent revisions to the post along with any reposts and/or posts to Facebook and Twitter, which is a direct violation of Minnesota Statue 609.748, Subd.1a; . the entire post titled ?ProtectA Child-Go To Jail.", dated December 28, 2017, from the Red Herring Alert Blog and /or any subsequent revisions to the post along with any reposts andlor posts to Facebook and Twitter, which is a direct violation of Minnesota Statue 609.748, Subd.1a; . the entire post titled ?20i20 Denial of Substantiating Documents in the Grazzini-Rudd Case", dated December 31, 2017, from the Red Herring Alert Blog and [or any subsequent revisions to the post along with any reposts and/or posts to Facebook and Twitter, which is a direct violation of Minnesota Statue 609.748, Subd.1a; . the entire post titled ?Fallout from 20/20'5 Fake Broadcast ?Footprints in the 19AV-CV-17-1950 dated January 1, 2018, from the Red Herring Alert Blog and lor any subsequent revisions to the post along with any reposts andlor posts to Facebook and Twitter, which is a direct violation of Minnesota Statue 609.748, Subd.1a; the entire post titled ?Judge Halbrooks: Sandra Grazzini-Rucki Too Poor For Court Costs But Can Pay Child Support", dated January 2, 2018, from the Red Herring Alert Blog and/or any subsequent revisions to the post along with any reposts andfor posts to Facebook and Twitter, which is a direct violation of Minnesota Statue 609.748, Subd.1a; . the entire post titled ?Police Report, HRO: David Rucki is Dangerous, Not Safe Around Children", dated January 3, 2018, from the Red Herring Alert Blog and [or any subsequent revisions to the post along with any reposts and/or posts to Facebook and Twitter, which is a direct violation of Minnesota Statue 609.748, Subd.1a; the entire post titled ?More Unedited 20/20 Footage", dated January 4, 2018, from the Red Herring Alert Blog and for any subsequent revisions to the post along with any reposts and/or posts to Facebook and Twitter, which is a direct violation of Minnesota Statue 609.748, Subd.1a; the entire post titled ?From the Archives. Long custody battle produces guilty verdict", dated January 14, 2018, from the Red Herring Alert Blog and [or any subsequent revisions to the post along with any reposts and/or posts to Facebook and Twitter, which is a direct violation of Minnesota Statue 19AV-CV-17-1950 609.748, Subd.1a; k. the entire post titled ?David Rucki Commits Apparent Mortgage Fraud", dated January 21, 2018, from the Red Herring Alert Blog and [or any subsequent revisions to the post along with any reposts and/or posts to Facebook and Twitter, which is a direct violation of Minnesota Statue 609.748, Subd.1a; I. the entire post titled ?Unedited Footage from ABC 20/20 Reveals How Far ABC Will Go to Suppress Abuse in Grazzini-Rucki Case", dated January 23, 2018, from the Red Herring Alert Blog and [or any subsequent revisions to the post along with any reposts and/or posts to Facebook and Twitter, which is a direct violation of Minnesota Statue 609.748, Subd.1a; m. the entire post titled Child's Desperate Cry for Help: 2013 Audio of SR. Begging for Protection from Abusive Father, Dakota County Family Court?, dated January 25, 2018, from the Red Herring Alert Blog and [or any subsequent revisions to the post along with any reposts and/or posts to Facebook and Twitter, which is a direct violation of Minnesota Statue 609.748, Subd.1a; n. the entire post titled ?Defying Death: Sandra Grazzini?Rucki Comes Out of Hiding to Plead for Lives of Her Children, Demand Justice", dated January 30, 2018, from the Red Herring Alert Blog and [or any subsequent revisions to the post along with any reposts and/or posts to Facebook and Twitter, which is a direct violation of Minnesota Statue 609.748, Subd.1a; o. the entire post titled ?Power Corrupts: Post on Carver County Corruption 19AV-CV-17-1950 Blog Warns About Judicial Abuse of Authority.", dated February 2, 2018, from the Red Herring Alert Blog and [or any subsequent revisions to the post along with any reposts and/or posts to Facebook and Twitter, which is a direct violation of Minnesota Statue 609.748, Subd.1a; p. the entire post titled ?Journalist Michael Volpe Confronts Propaganda in Matt McNeil Show, Exposes Crimes Committed in Grazzini-Rucki Case", dated February 8, 2018, from the Red Herring Alert Blog and for any subsequent revisions to the post along with any reposts andfor posts to Facebook and Twitter, which is a direct violation of Minnesota Statue 609.748, Subd.1a; q. the entire post titled ?Trying Too Hard", dated February 9, 2018, from the Red Herring Alert Blog and {or any subsequent revisions to the post along with any reposts and/or poststo Facebook and Twitter, which is a direct violation of Minnesota Statue 609.748, Subd.la; r. the entire post titled ?Letter to Matt McNeil Show Criticizes Victim Shaming Message, Points to Abuse in Grazzini-Rucki Case", dated February 11, 2018, from the Red Herring Alert Blog and [or any subsequent revisions to the post along with any reposts andlor posts to Facebook and Twitter, which is a direct violation of Minnesota Statue 609.748, Subd.1a; 2. If Respondent does not comply with the above purge conditions, she shall report to the Dakota County Jail on March 9, 2018 at 9:00 am. If she complies with the conditions during the 30 days of incarceration, she will be released upon compliance. 19AV-CV-17-1950 3. Further contempt ?ndings may be warranted if Respondent continues to post blogs in violation of the restraining order until the challenge to the validity of the restraining order is determined. 4. The Harassment Restraining Order dated July 28, 2017 remains in full force and effect. 5. Petitioner is awarded reasonable attorney's fees. Counsel for Petitioner shall submit an af?davit of her reasonable attorney?s fees. Respondent shall have two (2) weeks to respond to the reasonableness of the fees and the Court will issue a separate order regarding the award of attorney's fees. BY THE COURT: I Dated: 0 3/01/18 Kathleen . earin Judge of District Court