N.M. v. Matthew Ray Martin
2016 Mo. App. LEXIS 1232
| Mo. Ct. App. | 2016Background
- Matthew Martin and N.M. (former wife) separated in May 2014; they have one child and dissolved their marriage in April 2015.
- In 2014 N.M. alleged Martin cut her with a knife, leading to an ex parte and then a full order of protection after a contested hearing in July 2014; criminal charges were later nolle prossed at N.M.’s request.
- After the 2014 order expired, Martin allegedly made repeated offensive gestures, entered an elevator with N.M. and called her a profane name, and repeatedly texted demanding keys to the home where N.M. and their child lived.
- N.M. filed a new petition for an adult order of protection in September 2015; an ex parte order issued and, after a contested hearing, the court entered a full order of protection.
- Martin filed a pro se counterclaim seeking $4,902.23 in damages for alleged false claims; the trial court entered the protection order but did not rule on the damage claim.
Issues
| Issue | Plaintiff's Argument (N.M.) | Defendant's Argument (Martin) | Held |
|---|---|---|---|
| Whether evidence supported entry of a full order of protection | Past physical harm (2014 knife incident) plus post-expiration harassment created reasonable fear of abuse | Contacts were benign: inquiries about custody/property and attempts to retrieve belongings | Court affirmed: testimony and conduct (gestures, elevator incident, texts) supported finding of abuse and reasonable fear |
| Whether court erred by not awarding or ruling on Martin's counterclaim for damages | N/A (N.M. sought protection) | Counterclaim sought damages for legal expenses/stress from alleged false claims; asserted court should rule or award damages | Court lacked jurisdiction to adjudicate that “other action” within the adult-abuse proceeding; counterclaim dismissed under §455.070 and Rule 84.14 applied to enter dismissal |
Key Cases Cited
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard of appellate review in court-tried cases)
- Skovira v. Talley, 369 S.W.3d 780 (Mo. App. 2012) (defer to trial court credibility findings and decisions about reasonable apprehension)
- Cuda v. Keller, 236 S.W.3d 87 (Mo. App. 2007) (conduct that places petitioner in fear can support protection order)
- Kennedy v. Kennedy, 924 S.W.2d 579 (Mo. App. 1996) (proceedings under Adult Abuse Act are independent of other actions; nonpermissible claims should be dismissed)