S.N.L. v. A.B.
550 S.W.3d 514
Mo. Ct. App.2017Background
- Mother (S.N.L.) filed under the Child Protection Orders Act (CPOA) seeking a child protection order for her 8‑year‑old son, alleging Respondent A.B. stalked, followed, photographed, and posted pictures of the child online.
- An ex parte order issued; after a hearing the trial court denied the full protective order and adopted Respondent’s proposed findings of fact and conclusions of law.
- Trial court found only a single photograph/posting and concluded the petitioner failed to prove stalking because the child did not demonstrate subjective fear and there was no pattern, intent, or lack of legitimate purpose.
- Trial court taxed all costs, including $200 guardian ad litem (GAL) fees, to the petitioner.
- On appeal, the court considered (1) whether the CPOA requires the child personally to experience fear (or whether a household member’s alarm suffices), and (2) whether GAL fees/court costs could be assessed against the petitioner.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CPOA requires the child to have subjectively feared physical harm to obtain protection for stalking | Mother: statute does not require the child’s subjective fear; a household member’s reasonable alarm (e.g., a parent) can trigger protection, especially for young children | Respondent/Trial Ct.: must show alarm (fear of physical harm) and evidence of intent, pattern, lack of legitimate purpose — pointed to absence of child’s fear and only one photo | Court: Reversed trial court to the extent it required the child’s subjective fear; a person living with the child (e.g., parent) may be alarmed and trigger CPOA protections. Nevertheless, denial of order affirmed on other grounds (no intent, legitimate purpose shown, no course of conduct) |
| Whether petitioner can be assessed filing fees/court costs, including GAL fees, in CPOA action | Mother: Section 455.504(2) prohibits assessing filing fees, court costs, or bond against a petitioner in CPOA actions; GAL fees are court costs | Respondent: (conceded error on appeal) | Court: Reversed trial court’s assessment of costs/GAL fees against petitioner; GAL fees are court costs and petitioner is exempt under Section 455.504(2) |
Key Cases Cited
- M.D.L. v. S.C.E., 391 S.W.3d 525 (Mo. App. 2013) (applied Adult Abuse Act stalking standard)
- In re G.F., 276 S.W.3d 327 (Mo. App.) (held GAL fees are "court costs" under Section 455.504)
- Interest of R.T.T., 26 S.W.3d 830 (Mo. App. 2000) (stalking relief not limited to household members)
- In re A.T.H., 37 S.W.3d 423 (Mo. App. 2001) (standard of review and deference to trial court credibility findings)
- Wallace v. Van Pelt, 969 S.W.2d 380 (Mo. App. 1998) (purpose of stalking statutes to prevent potential violence and emotional distress)