Jordan v. Kalin
256 P.3d 909
Mont.2011Background
- Robin Jordan petitioned for a temporary order of protection against Mark Kalin in Daniels County, Montana, based on acts in Ohio and Montana, including a collage sent to Jordan in Montana.
- The Daniels County Justice Court granted the temporary order and, after a hearing, the district court issued a permanent order of protection prohibiting Kalin from contacting Jordan or her husband and from coming near them.
- Kalin moved to dismiss for lack of jurisdiction; the district court did not rule on the motion before the hearing but issued findings and ruled it had jurisdiction.
- Evidence showed Kalin pursued Jordan for years, including personal advances, unwanted gifts, voicemails, and hiring a private investigator to locate her address; Jordan testified to fear and distress.
- Kalin denied the acts; the district court found his denials not credible and relied on Jordan’s explanations and other testimony to support the permanent order.
- The district court concluded Kalin’s conduct constituted stalking and issued a permanent order of protection; Kalin appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to grant order of protection | Kalin: Montana lacked jurisdiction; act occurred largely outside Montana. | Jordan: jurisdiction proper because acts partly within Montana. | District court did not err; jurisdiction exists where partly within state. |
| Sufficiency of evidence for permanent order | Kalin: insufficient evidence of Montana stalking acts. | Jordan: credible evidence, including mailings, supports order. | Substantial credible evidence supports the permanent order. |
| Punishment for exercising liberty rights | Kalin: court punished him for appealing the temporary order. | Kalin: court’s comments show punitive motive for liberty rights. | Court did not punish Kalin for exercising liberty; grounds existed independent of that conduct. |
Key Cases Cited
- Bock v. Smith, 2005 MT 40 (Mont.) (abuse of discretion standard in orders of protection review)
- Bunch v. Lancair Intl., Inc., 2009 MT 29 (Mont.) (jurisdiction and statutory interpretation in civil matters)
- Estate of McCarthy v. Montana Second Jud. Dist. Ct., 1999 MT 309 (Mont.) (standard for reviewing factual findings in probate/related matters)
- Hidden Hollow Ranch v. Fields, 2004 MT 153 (Mont.) (substantial evidence standard for factual findings)
- In re the Marriage of Nies, 2003 MT 100 (Mont.) (credibility determinations and factual findings)
- State v. Kills on Top, 243 Mont. 56 (Mont. 1990) (broad assertion of jurisdiction for offenses partly within the state)