WILLIAM W. FRANCIS, JR., Judge.
Jerry Minehart ("Minehart") appeals from an "Order/Judgment" granting Timothy Fowler ("Fowler")
Fowler filed an "Adult Abuse/Stalking Petition for Order of Protection" ("Petition") on January 22, 2013, against Minehart. Fowler worked with Minehart's wife at the Dexter School District,
In his pre-printed Petition, Fowler selected the pre-printed options in boxes that alleged Minehart was "Stalking" and defined the relationship as "employees'
A hearing was held February 25, 2013, with respect to Fowler's Petition. The trial court had all parties and witnesses sworn in at the same time, and then the trial court proceeded to conduct the examination of witnesses, starting with Fowler.
Fowler told the trial court he sought the order of protection after he had a disciplinary action with Minehart's wife, which resulted in Mrs. Minehart meeting with administration. However, Mrs. Minehart was not fired, and at the time of trial, was still working for the Dexter School District and Fowler was still her assistant supervisor. After Mrs. Minehart informed her husband of the incident, Fowler received a phone call from Minehart in which Minehart told Fowler, "I'm going to come get you. I'm going to get even with you. I'll catch you off school campus and I'll take care of you." Fowler testified Minehart did not threaten his life, but he felt Minehart was threatening bodily harm. Fowler reported the phone call to the local police department and Officer Kevin Moore ("Officer Moore") came to the Dexter School District to make a report.
The trial court conducted an examination of Officer Moore. Officer Moore testified he and Fowler were in the Dexter School District office when Minehart arrived at the school cafeteria to discuss his wife's employment with her supervisor, Larry McKay ("McKay").
The trial court then asked Officer Moore:
The trial court next addressed Minehart, and told him he would give Minehart a chance to "inquire or testify if you wish to do so[,]" but first noted the "testimony could form the basis of sufficient information to—for criminal charges to be brought." The trial court went on to inform Minehart that anything he said on the record could be used "for any lawful purpose by the prosecuting attorney or anyone else if such charges are brought." The trial court also informed Minehart he could "consent to the order being entered"
Minehart did not want to consent to the order being entered, and the trial court proceeded to examine Minehart. First, the trial court stated:
At the conclusion of the hearing, the trial court issued its Order/Judgment entering a Full Order of Protection against Minehart. The Full Order of Protection noted Minehart's relationship to Fowler as specified on the Petition was "CO WORKER'S SPOUSE." This appeal followed.
Minehart contends the trial court erred in issuing the Full Order of Protection because Fowler "failed to prove the essential elements of `stalking' ... in that there was no evidence that [Minehart] initiated `repeated' contact with [Fowler]." The sole issue for our determination is whether there was sufficient evidence to support the trial court's Order/Judgment entering the Full Order of Protection against Minehart.
This Court has acknowledged, on more than one occasion, the harm that can result in abusing the Adult Abuse Act and its provisions, including the stigma that may attach to an individual labeled a "stalker."
Our review of a court-tried case is governed by Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). Schwalm v. Schwalm, 217 S.W.3d 335, 336 (Mo.App. E.D.2007). We will uphold the trial court's judgment as long as it is supported by substantial evidence, it is not against the weight of the evidence, and it does not erroneously declare or apply the law. Id. "Substantial evidence has been defined as competent evidence from which the trier of fact could reasonably decide the case." Towell v. Steger, 154 S.W.3d 471, 474 (Mo. App.S.D.2005). In reviewing the trial court's judgment, we view all facts and inferences in a light most favorable to the judgment and defer to the trial court's determination of credibility. Id.; Binggeli v. Hammond, 300 S.W.3d 621, 623 (Mo. App.W.D.2010).
The Adult Abuse Act was not intended to be "a solution for minor arguments between adults." Binggeli, 300 S.W.3d at 624. Rather, section 455.020.0, RSMo Cum.Supp. (2013), provides relief for: (1) any person who has been subject to domestic violence by a present or former family or household member, or (2) any person who has been the victim of stalking. Since Fowler and Minehart do not meet the various definitions of "family" or "household member"
Prior courts have warned of the potential for adults to abuse the stalking provision of the Adult Abuse Act:
Wallace v. Van Pelt, 969 S.W.2d 380, 387 (Mo.App.W.D.1998).
Here, we find Fowler failed to produce any evidence of the statutorily-required "repeated" "course of conduct" by Minehart. In order for Fowler to prove he was entitled to a full order of protection based on stalking, he had to present substantial evidence that Minehart: (1) purposely and repeatedly; (2) engaged in an unwanted course of conduct; (3) that caused alarm to Fowler; and (4) it was reasonable for Fowler to have been alarmed by the conduct. § 455.010(13). The two elements Fowler failed to prove by substantial evidence are "repeatedly" and "unwanted course of conduct." "Repeated" is defined to require two or more incidents evidencing a continuity of purpose; "course of conduct" must include "repeated acts over a period of time, however short, that serves no legitimate purpose" and can include "unwanted communication or unwanted contact[.]" § 455.010(13)(b) and (c).
In a light most favorable to the trial court's Order/Judgment, the record at trial does not establish that Minehart repeatedly engaged in an unwanted course of conduct. The Petition and evidence at trial indicate the incident on January 22, 2013, was the only incident that could have possibly caused Fowler to be alarmed. The events on January 22, 2013, involved one telephone conversation and a "heated conversation" at the school the same day as the telephone conversation. While there were arguably two events on one day, Minehart only prompted one incident—the telephone call. The undisputed testimony
We find no evidence or testimony in the record disputing this testimony by Officer Moore that Fowler wanted to speak with Minehart.
There was no testimony or evidence of other incidents or "unwanted course of conduct" by Minehart towards Fowler before or after January 22, 2013.
Therefore, the Order/Judgment is reversed and the cause is remanded to the trial court with instructions to vacate the Full Order of Protection.
NANCY STEFFEN RAHMEYER, P.J. and DANIEL E. SCOTT, J., Concurs.