454 S.W.3d 418
Mo. Ct. App.2015Background
- Stephanie Smith filed an Adult Abuse/Stalking petition seeking an order of protection against Kole Ryan McAdams, her daughter's ex-boyfriend and the father of her grandson.
- Smith alleged McAdams followed her while driving, aggressively cut her off causing her to veer off the road, blocked her driveway, and demanded she speak to him, then fled when she said she would call police.
- At the evidentiary hearing Smith and two witnesses testified McAdams had lived in Smith’s home for approximately two years; vehicle-purchase records listed Smith’s address for McAdams. Smith’s daughter testified on cross that McAdams last lived there about six years ago.
- The circuit court found McAdams’ conduct caused reasonable alarm but concluded McAdams was not a “family” or “household member” under § 455.010(7), citing the nature of the relationship and the passage of time since cohabitation, and denied the order of protection.
- Smith appealed, arguing the court misinterpreted § 455.010(7) and § 455.020 by importing considerations (relationship type and passage of time) not in the statute.
- The Missouri Court of Appeals reversed: it held the statute’s plain language includes persons who “have resided together in the past,” and the record contained sufficient evidence McAdams had resided with Smith for a significant period.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether respondent is a "household member" under § 455.010(7) | Smith: McAdams resided with her for ~2 years, so he is a former household member entitled to relief | Circuit court (and implicitly McAdams): the nature of the relationship and passage of time since cohabitation make them not "household members" | Reversed: statute’s plain language includes those who have "resided together in the past;" evidence supported past residency, so McAdams is a former household member and case remanded |
Key Cases Cited
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard of appellate review in Adult Abuse Act cases)
- State v. Cloyd, 238 S.W.3d 183 (Mo. App. W.D. 2007) (definition of "reside" requires physical presence plus intent to remain for significant period)
- Fowler v. Minehart, 412 S.W.3d 917 (Mo. App. S.D. 2013) (§ 455.020 provides relief for domestic violence by present or former family/household members or for stalking)
- Unverferth v. City of Florissant, 419 S.W.3d 76 (Mo. App. E.D. 2013) (primary rule of statutory interpretation: give effect to legislative intent reflected in plain language)