Owen v. Watts
307 Ga. App. 493
| Ga. Ct. App. | 2010Background
- Watts sought a stalking protective order against Owen based on alleged reporting of child abuse and extensive surveillance of Watts' family.
- Trial court granted the order enjoining Owen from surveilling or interfering with Watts.
- Owen argued immunization under OCGA § 19-7-5 for reporting child abuse, insufficient evidence on stalking elements, and that internet research was not stalking.
- Evidence showed Owen reported concerns to law enforcement and DFCS and conducted extensive surveillance through internet searches and third-party observations.
- The court analyzed immunity, stalking elements, and the role of internet activity in the alleged stalking behavior.
- Ruling: protective order affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Immunity under OCGA 19-7-5 applies to child abuse reports | Owen's reports were immunized in good faith | Immunity did not apply because no legitimate purpose | Immunity not established; no good faith |
| Whether preponderance shows stalking elements | Owen followed Watts for legitimate purpose | Surveillance was to harass and intimidate | Preponderance supports stalking without legitimate purpose |
| Whether internet research constitutes stalking | Internet research conducted from home cannot be stalking | Court did not rule that internet research alone constitutes stalking | Court did not err; internet activity considered with other elements |
| Trial court's discretion in issuing a protective order | Protection unnecessary | Discretion supported by evidence of stalking | Court did not abuse discretion; order affirmed |
Key Cases Cited
- Pilcher v. Stribling, 282 Ga. 166 (2007) (stalking elements and fear standards; not limited to explicit threats)
- O'Heron v. Blaney, 276 Ga. 871 (2003) (immunity standards under OCGA 19-7-5; good faith standard)
- Brown v. Rader, 299 Ga.App. 606 (2009) (immunity revealed and balancing good faith; appellate standard)
- Quinby v. Rausch, 300 Ga.App. 424 (2009) (evidence of stalking includes surveillance and repeated conduct)
- Placanica v. State, 303 Ga.App. 302 (2010) (stalking may be proven by non-explicit conduct showing fear)
- Daker v. Williams, 279 Ga. 782 (2005) (pattern of intimidating behavior constitutes stalking)
- Harvill v. State, 296 Ga.App. 453 (2009) (reports to police can show intent to harass but need evidence of stalking)
- Gay v. Strain, 261 Ga.App. 708 (2003) (good faith standard questions credibility of motives)