E.A.B. v. C.G.W.
2013 Mo. App. LEXIS 1481
| Mo. Ct. App. | 2013Background
- E.A.B. sued C.G.W. for an order of protection under Missouri’s Adult Abuse Act, alleging stalking and a specific incident with a gun.
- E.A.B. and his wife live on adjacent properties on a shared road with only their households on the road.
- The trial court issued an ex parte order and later a full one-year order of protection against C.G.W.
- Evidence included: C.G.W. allegedly waved a gun, a voicemail about road repairs, a confrontation at a gas station, and him standing in the road, but evidence did not show a course of conduct with no legitimate purpose or alarm.
- The appellate court held the evidence failed to prove stalking as defined by the Act and reversed and remanded to vacate the order.
- The matter was remanded with instructions to deny the petition for a full order of protection against C.G.W.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence supports stalking under the Adult Abuse Act. | E.A.B. argues C.G.W. engaged in an unwanted course of conduct causing alarm with no legitimate purpose. | C.G.W. contends the conduct had a legitimate purpose or failed to cause alarm; the evidence does not show stalking. | Yes, the evidence is insufficient; the order is not supported. |
Key Cases Cited
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard of review for trial-court civil decisions)
- White v. Dir. of Revenue, 321 S.W.3d 298 (Mo. banc 2010) (substantial evidence and standard of review in evidence-based appeals)
- Dennis v. Henley, 314 S.W.3d 786 (Mo.App.S.D.2010) (need for repeated acts with no legitimate purpose to prove stalking)