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Domestic Relations: Order of Protection-Sufficiency of Evidence

Staff Report//April 23, 2025//

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Domestic Relations: Order of Protection-Sufficiency of Evidence

Domestic Relations: Order of Protection-Sufficiency of Evidence

Staff Report//April 23, 2025//

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Defendant appealed the entry of an order of protection in favor of plaintiff, arguing that there was insufficient evidence to prove that defendant’s actions constituted domestic violence.  

Where plaintiff alleged that defendant harassed her but the evidence failed to prove both the subjective and objective components of the statutory definition of harassment because plaintiff presented no evidence that she felt substantial emotional distress or that a reasonable person would experience substantial emotional distress, the trial court erred in entering the order of protection.  

Judgment is reversed and vacated.  

C.Y.L. v. Z.L. (MLW No. 83045/Case No. ED112481 – 7 pages) (Missouri Court of Appeals, Eastern District, Clark, J.) Appeal from circuit court, Monroe County, Redington, J. (Steven A. Waterkotte for appellant) (Cloey Y. Latifoski, respondent pro se) 

 

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