Skovira v. Talley
2012 Mo. App. LEXIS 818
| Mo. Ct. App. | 2012Background
- Skovira sought and obtained a full order of protection against Talley under Missouri's Adult Abuse Act after a bench trial.
- The trial court found Talley stalked Skovira based on his repeated unwanted conduct over about a year.
- Talley challenged the sufficiency of the evidence to prove stalking under § 455.010(10).
- Skovira testified to continuous calls, texts, drive-by screenings, photos, and intrusion attempts including wedding-related conduct and no-contact order violations.
- There were multiple military protective orders and no-contact directives Talley violated; Skovira testified Talley escalated despite warnings.
- The trial court credited Skovira’s testimony as credible and issued a one-year full order of protection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence shows a course of conduct causing alarm | Skovira—Talley engaged in repeated, unwanted conduct causing alarm. | Talley contends there was insufficient proof of alarm and a qualifying course of conduct. | Yes; sufficient evidence showed a course of conduct causing alarm. |
Key Cases Cited
- McGrath v. Bowen, 192 S.W.3d 515 (Mo.App.2006) (requires careful showing of evidence for protection orders)
- Overstreet v. Kixmiller, 120 S.W.3d 257 (Mo.App.2003) (protective orders require sufficient evidence)
- Glover v. Michaud, 222 S.W.3d 347 (Mo.App.2007) (credibility and reasonable apprehension considerations in abuse cases)
- Binggeli v. Hammond, 300 S.W.3d 621 (Mo.App.2010) (adult-abuse remedy not for minor disputes)
- Surrey Condominium Ass’n, Inc. v. Webb, 163 S.W.3d 531 (Mo.App.2005) (presumption of trial-court judgment; appellate deference to credibility findings)