J.W.M. v. D.L.O.
Appeal from Circuit Court of Lincoln County to Missouri Court of Appeals – Eastern District
Case Number: ED109500
Opinion Filed: April 19, 2022
J.W.M. (hereinafter Ex-boyfriend) and D.L.O. (hereinafter ex-girlfriend) were in a romantic relationship from April through June of 2019. Ex-girlfriend later gave birth to a child on in March of 2020 and she claimed that Ex-boyfriend is the child’s biological Father.
Disputes quickly arose between the parties regarding paternity and child support for the infant. On May 26, 2020 Ex-boyfriend received an anonymous text message which threatened him with bodily harm if he did not pay child support. After receiving this text message, Ex-boyfriend filed a police report and changed his phone number. Ex-boyfriend also informed his parents of this situation since he lives with them.
After this incident, Ex-girlfriend filed Orders of Protections against Ex-boyfriend in St. Charles Court and St. Louis County Circuit Courts and in a Texas court.
On July 1, 2020 the parties appeared in the St. Charles County Circuit Court where ex-girlfriend’s Order of Protection was dismissed. As the parties were leaving the court, Ex-girlfriend accosted Ex-boyfriend and had to be forcibly removed by security. Later, Ex-boyfriend received text messages which threatened him and his parents. Later that day flyers were placed around Ex-boyfriend’s neighborhood accusing him of being a sexual predator and contained his home address.
On August 5, 2020 Ex-boyfriend and his parents’ cars were spraypainted and their tires were slashed in the middle of the night. Ex-boyfriend was able to identify Ex-girlfriend’s voice on the security footage.
Following the tire slashing incident, Ex-boyfriend and his parents all filed Orders of Protections against Ex-girlfriend. An ex-parte Order of Protection was entered on August 7, 2020. Following a trial, full Orders of Protection were entered on behalf of Ex-boyfriend and his parents against Ex-Girlfriend.
On her sole point on appeal, Ex-girlfriend argued that the trial court erred in entering an Order of Protection since Ex-boyfriend failed to adequately demonstrate the elements of stalking.
Stalking is one of the grounds on which an Order of Protection can be entered. Pursuant to the RSMO 455.010(15), stalking is defined in part as when “any person engages in an unwanted course of conduct that causes alarm to another person. . .”. The ‘course of conduct’ does not any legitimate person and the party filing an Order of Protection must experience alarm, which is defined as “cause fear of danger or of physical harm.”
In the present case, Appellate Court noted that Ex-girlfriend’s conduct had no legitimate purpose except to harass and intimidate Ex-boyfriend. The Appellate Court also held that Ex-girlfriend’s course of conduct caused Ex-boyfriend alarm. In the instant case, during the trial Ex-boyfriend testified that he feared bodily harm by Ex-girlfriend. Additionally, Ex-boyfriend noted that due to these events, he changed his phone number, increased security in his home and lockdown protocols, changed his daily routines and also had to be prescribed medication for anxiety and depression.
The Appellate Court held that a full order of protection was warranted in this situation. Trial Court Ruling Affirmed.
