A judge has dismissed a restraining order against Brice Harper, who shot and killed 40-year-old Dan Fredenberg on Sept. 22 in Kalispell.

Heather Fredenberg filed for the protective order shortly after the shooting — for which Harper will not be charged due to the state’s broad “stand your ground” and “castle doctrine” laws — arguing that she feared for the safety and lives of herself and her children.

Harper shot and killed Heather’s husband, Dan, when he entered Harper’s garage and confronted him over a relationship between Harper and Heather Fredenberg.

A document filed by Harper’s attorney prior to the hearing stated that the order should be terminated “because Brice has no history of violence, he has committed no offense, there has been no past injury, and there is no danger of further injury.”

Among the information referred to in the document was a comment made by Heather Fredenberg to a Kalispell Police Department officer that Brice was a responsible person and that he “treated me so good, his values are so good, he would never put his hands on a woman.”

The document also states that Harper never threatened Heather Fredenberg or her children.

“There is no evidence other than he is a peaceful citizen who has never posed a danger to anyone,” the document concludes.

During a hearing Wednesday in Flathead District Court, Heather Fredenberg testified on her own behalf, while the officer to whom she had made her comment about Harper was called to testify on Harper’s behalf.

Judge David Ortley then ordered that the protection order be dismissed, noting that Fredenberg did not want contact of any kind from Harper.

Reporter Jesse Davis may be reached at 758-4441 or by email at [email protected].