KENNETH L. BUETTNER, Judge.
¶ 1 Defendant/Appellant ShawnMarie Moore appeals the trial court's denial of a motion to vacate a victim protection order. Petitioner/Appellee Sherry Muscato, on behalf of her minor daughter, sought a protection order against Moore. Moore argues the evidence does not support granting a permanent protective order based on stalking, because Muscato's daughter did not feel frightened, intimidated, threatened, harassed, or molested by Moore. We hold the trial court did not abuse its discretion by denying Moore's motion to vacate the victim protection order. Affirmed.
¶ 3 Muscato alleges that Moore ignored her request and continued to contact Muscato's daughter and to encourage contact between the girls. In a text message, Moore told Muscato's daughter to keep all communications between them a secret from her mother. Additionally, Moore arrived at a church where Muscato's daughter was volunteering in an attempt to communicate with her and reunite the girls.
¶ 4 After the church incident, Muscato filed a police report and a Petition for a Protective Order based on stalking on behalf of her daughter. The trial court granted an emergency protective order April 9, 2013. A hearing on a permanent protective order was held April 20, 2013. Four witnesses testified. However, Muscato's daughter did not testify and the proceedings were not transcribed. The trial court granted a permanent protective order against Moore for four years. Moore filed a Motion to Vacate the protective order and a Petition in Error on May 23, 2013. The trial court held a hearing on the Motion to Vacate and heard testimony from Muscato's daughter for the first time June 11, 2013. The trial court took the matter under advisement and asked the parties to brief whether a parent has a right to obtain a victim protection order on behalf of a minor child if the child does not testify that he or she felt frightened, intimidated, threatened, harassed, or molested. The trial court denied Moore's Motion to Vacate the protective order.
¶ 5 The trial court's decision on a motion to vacate a judgment is reviewed for an abuse of discretion. Ferguson Enters., Inc. v. H. Webb Enters., Inc., 2000 OK 78, ¶ 5, 13 P.3d 480. Proceedings under the Protection from Domestic Abuse Act are reviewed for an abuse of discretion. Curry v. Streater, 2009 OK 5, 8, 213 P.3d 550. Under an abuse of discretion standard, the appellate court examines the evidence in the record and reverses only if the trial court's decision is clearly against the evidence or is contrary to a governing principle of law. Id. (citing State ex rel. Tal v. Okla. City, 2002 OK 97, ¶ 3, 61 P.3d 234). To reverse under an abuse of discretion standard, an appellate court must find the trial court's conclusions and judgment were clearly erroneous, against reason and evidence. Id. (citing Okla. Tpk. Auth. v. Little, 1993 OK 116, ¶ 6, 860 P.2d 226).
¶ 6 Title 22, 60.2 authorized Muscato to file a petition for a protective order on behalf of her fourteen year-old daughter.
22 O.S. 60.1.2.
¶ 7 Moore argues that a protective order based on stalking is not supported by
¶ 8 Muscato told Moore that she wanted the girls to end their friendship and that she wanted Moore and Moore's daughter to discontinue contact with her daughter. Although there is no record of the trial court proceedings prior to the hearing on the Motion to Vacate, Moore does not dispute in her appellate brief that she sent text messages to Muscato's daughter and went to the church to find Muscato's daughter after receiving Muscato's admonishment. Muscato's daughter was fourteen years old at the time. A fourteen-year-old girl might not consider Moore's words and actions to be frightening, intimidating, threatening, or harassing. However, Muscato perceived a threat to her daughter. Furthermore, as a minor, even if Muscato's daughter had felt frightened, intimidated, threatened, or harassed, she did not have the capacity to seek relief under the Protection from Domestic Abuse Act.
¶ 9 There is also evidence to support the second definition of stalking:
22 O.S. 60.1.2. Muscato expressed her desire that Moore discontinue contact with Muscato's daughter. Moore disregarded Muscato's expressed desire that the contact be discontinued. There were two separate acts of unconsented contact after Muscato requested that Moore discontinue contacting Muscato's daughter: (1) Moore continued to send Muscato's daughter telephone text messages, including one instructing Muscato's daughter to keep their communications secret from Muscato; and (2) Moore went to the church to find and contact Muscato's daughter. The first incident constitutes contacting the individual by telephone, and the second incident constitutes approaching the individual in a public place or on private property.
¶ 10 Moore suggests that Muscato's daughter consented to the contact and that only Muscato opposed the contact. As the parent and sole custodian of her minor child, Muscato had the right to decide with whom
¶ 11 Muscato requests appeal-related attorney fees in her Answer Brief. Motions for appeal-related attorney fees should be made in accordance with Okla.Sup.Ct.R. 1.14.
¶ 12 AFFIRMED.
JOPLIN, P.J., and HETHERINGTON, V.C.J., concur.
22 O.S.Supp.2010 60.2.A (emphasis added).