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Rebecca Weninger, Petitioner and Appellee v. Peter John Grzeskowiak, Respondent and Appellant.

Per Curiam.

[¶ 1] Peter Grzeskowiak appeals from the November 14, 2002, disorderly conduct restraining order issued against him, alleging that there was insufficient evidence to support issuance of the restraining order.

[¶ 2] It is within the sound discretion of the trial court whether to grant a restraining order, and its decision will not be disturbed absent a clear abuse of discretion. See Wishnatsky v. Huey, 1997 ND 35, ¶ 8, 560 N.W.2d 878. Grzeskowiak has not filed a transcript on appeal. "Failure to provide a transcript may prevent a party from being successful on appeal." Owan v. Kindel, 347 N.W.2d 577, 579 (N.D. 1984). The partial record we have been provided is not adequate to establish a clear abuse of discretion. See State v. Clark, 2001 ND 194, ¶ 8, 636 N.W.2d 660 ("[T]he record on appeal does not allow us to properly determine whether the trial court abused its discretion. . . ."); In re C.J. C., 2000 ND 27, ¶ 8, 606 N.W.2d 117 ("The available record contains only fragmentary, incomplete information. . . . [and] does not reveal an abuse of discretion."). By not demonstrating an abuse of discretion, Grzeskowiak fails to carry his burden. See Clark, at ¶ 8.

[¶ 3] We summarily affirm under N.D.R.App.P. 35.1(a)(4).

[¶ 4] Gerald W. VandeWalle, C.J.

Mary Muehlen Maring

William A. Neumann

Dale V. Sandstrom

Carol Ronning Kapsner

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WENINGER v. GRZESKOWIAK
(Jun 3, 2003)