D.R.F. v. D.L.S.
Appeal from the Circuit Court of Jefferson County to Missouri Court of Appeals – Eastern District
No. ED 109731
Opinion Filed: February 15, 2022
Outcome: Dismissed for Mootness
D.L.S. hereinafter “Mother” and D.R.F. hereinafter “Father” share one child. A full order of protection was entered on behalf of Father against Mother.
The parties have a long history with one another. On August 25, 2020 Father filed an Order of Protection against Mother and alleged that alleged Mother repeatedly harassed, threatened, and attempted to harm him during custody exchanges of the child between the parties.
Both parties testified at the final Order of Protection Hearing. Father testified that Mother was often present during the custody exchanges and threatened to beat or kill him in front of his child and police officers on at least five occasions. Father further testified Mother confronted him in public an additional thirty to forty times in the same period. Mother denied these claims and accused Father of trespassing on her property, which he denied. The Court took judicial notice of the numerous domestic and child custody cases involving the parties.
The Court concluded that Mother’s behavior constituted stalking. A one year order of protection without the option of renewal was entered against Mother.
Mother filed an appeal and alleged that the trial court erred in entering the order of protection because (1) the parties are not relatives or not the members of the same household; (2) Father did not prove the statutory element of stalking; and (3) the trial court judicial notice of the other incidents.
The protective order expired on December 17, 2021 and the trial court record indicated that it was not extended. The Appellate Court noted that: “Because we dismiss for mootness, we need not decide whether to exercise our discretion and consider Appellant’s arguments ex gratia.”
Dismissed for Mootness.
