McFADDEN, Judge.
Jennifer Elgin appeals from a six-month stalking protective order entered against her pursuant to OCGA § 16-5-94(d). We find that, although the protective order has expired, the issues raised in this appeal are not moot, the trial court employed the proper standard in evaluating the evidence, and it did not abuse its discretion in issuing the protective order. See Pilcher v. Stribling, 282 Ga. 166, 167, 647 S.E.2d 8 (2007) (grant or denial of motion for protective order is reviewed for abuse of discretion). Accordingly, we affirm.
Construed in favor of the judgment, see Garnsey v. Buice, 306 Ga.App. 565, 566(1), 703 S.E.2d 28 (2010), the evidence showed that Jennifer Elgin and R.Q. Swann were neighbors. In July 2011, Elgin and her husband, Lamar Elgin, were in the midst of a divorce, and Swann submitted an affidavit in the divorce proceeding in which he testified to certain of Elgin's activities that he had observed by watching her through a telescopic lens. A few days later, on July 17, Elgin drove by Swann's house honking her car horn and yelling, "Call Lamar." Swann, his wife, and his stepdaughter (a high school student) were in their front yard at the time. Elgin then pulled into her own driveway and got out of her car. Joined by her sister, Elgin laughed, screamed obscenities at the Swanns, and repeatedly threatened to "kick" or "whip y'all's ass."
Swann testified that Elgin had never before threatened him, but that her behavior on this occasion caused him to fear for his safety. On July 18, 2011, he petitioned for a stalking protective order and obtained ex parte temporary protective order pending a hearing on his petition.
The hearing on the stalking protective order occurred on August 9, 2011. By this time, Elgin had moved out of her house and no longer lived in the neighborhood.
1. We first consider our jurisdiction over this appeal. The trial court issued the six-month stalking protective order on August 9, 2011, and it expired on February 9, 2012.
(Citation omitted.) Birchby v. Carboy, 311 Ga.App. 538, 540(2), 716 S.E.2d 592 (2011); see Collins v. Lombard Corp., 270 Ga. 120, 122, 508 S.E.2d 653 (1998).
The issues presented in this appeal are capable of repetition. At its core, this appeal concerns whether evidence of discrete threats between former neighbors can show a pattern of harassing or intimidating conduct and a potential for future stalking. This question could arise again in the context of another stalking protective order. The issues presented in this appeal also are likely to evade review. A stalking protective order is limited by statute to a duration of 12 months, although it can later be renewed for a greater time period or made permanent. See OCGA § 16-5-94(e) (incorporating OCGA § 19-13-4(c)). This is the same duration allowed for a protective order issued under the Family Violence Act under OCGA § 19-13-4(c). We have held in the context of appeals from family violence protective orders that the time constraints of appellate courts often render it infeasible to reach the merits of those appeals during the relatively short duration allowed for such orders. See Birchby, 311 Ga.App. at 540(2), 716 S.E.2d 592 (involving twelve-month protective order); Baca v. Baca, 256 Ga.App. 514, 516(1), 568 S.E.2d 746 (2002) (involving six-month protective order).
Accordingly, we find that the issues raised in this appeal are not moot. Birchby, 311 Ga.App. at 540-541(2), 716 S.E.2d 592.
2. Elgin argues that the trial court did not hold Swann to the proper burden of proof. We disagree. The court's comments at the conclusion of the hearing reflect that the court correctly employed the "preponderance of the evidence" standard in issuing the protective order. See Garnsey, 306 Ga.App. 565-566(1), 703 S.E.2d 28.
3. Elgin argues that there was insufficient evidence to support the issuance of the protective order. Again, we disagree. The evidence presented at the hearing authorized the court to find that Swann had established the elements of stalking, which is defined as "follow[ing], plac[ing] under surveillance, or contact[ing] another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person." OCGA § 16-5-90(a)(1); see Garnsey, 306 Ga.App. at 565-566(1), 703 S.E.2d 28 (to obtain stalking protective order, petitioner must establish elements of that offense).
OCGA § 16-5-90(a)(1).
The evidence supported a determination that Elgin had placed under surveillance and
The evidence presented at the hearing also supported a determination that Elgin's conduct put Swann in reasonable fear for the safety of his family. Swann repeatedly testified that Elgin's actions caused him to feel that his family was in danger and needed protection, and given the nature of those actions his fears were not unreasonable. See Garnsey, 306 Ga.App. at 567(1), 703 S.E.2d 28; Johnson, 260 Ga.App. at 722(2), 580 S.E.2d 674. Although Elgin points to the fact that she moved from the neighborhood shortly thereafter, it was for the trial court to assess the degree, if any, to which her departure mitigated the reasonableness of Swann's fears. See generally Anderson v. Mergenhagen, 283 Ga.App. 546, 548(1), 642 S.E.2d 105 (2007) (the trial court is in the best position to make determinations on issues concerning the need for a protective order).
Under these circumstances, the trial court did not abuse its discretion in finding that the evidence supported the grant of a stalking protective order under OCGA § 16-5-94(d).
Judgment affirmed.
BARNES, P.J., and ADAMS, J., concur.