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Home / Opinions / Courts / Court of Appeals, Southern District / Domestic Relations: Order of Protection-Stalking-Sufficiency of Evidence

Domestic Relations: Order of Protection-Stalking-Sufficiency of Evidence

Defendant appealed the full order of protection entered by the trial court against defendant. Defendant challenged the sufficiency of evidence supporting the trial court’s finding that defendant committed the predicate act of stalking against plaintiff.

Where there was no evidence to find that defendant acted in a manner that it would have been reasonable for plaintiff to fear physical harm since defendant never harmed or threatened to harm plaintiff, the trial court erroneously found the predicate act of stalking for an order of protection.

Judgment is reversed and remanded.

Austin v. Jarred ((MLW No. 73417/Case No. SD35663 – 8 pages) (Missouri Court of Appeals, Southern District, Lynch, J.) Appealed from Circuit Court, Dunklin County, Spielman, J.