C.L. v. Hartl, WD 79007

• Decision Date: 09 August 2016
• Docket Number: WD 79007
• Citation: 495 S.W.3d 241
• Parties: C.L., Respondent, v. Kenneth Wayne Hartl, Appellant.
• Court: Missouri Court of Appeals

495 S.W.3d 241

C.L., Respondent,
v.
Kenneth Wayne Hartl, Appellant.

WD 79007

Missouri Court of Appeals, Western District.

OPINION FILED: August 9, 2016

Nancy K. Putman, Independence, MO, for respondent.

David B. Mandelbaum, Leawood, KS, for appellant.

Before Division Two: Karen King Mitchell, Presiding Judge, Cynthia L. Martin, Judge and Gary D. Witt, Judge

Gary D. Witt, Judge

Appellant, Kenneth Wayne Hartl (“Hartl”), appeals from the judgment of the Circuit Court of Jackson Country granting a full order of protection to Respondent,

495 S.W.3d 242

C.L. (“C.L.”)¹ . In his sole point on appeal, Hartl argues that the circuit court erred in granting the order because C.L. failed to prove, by a preponderance of the evidence, that Hartl's actions constituted domestic violence or stalking. We affirm.

Factual and Procedural History²

After dating since 2011, C.L. moved out of her shared residence with Hartl on March 7, 2015. A few weeks later, on April 17, C.L. informed Hartl, in person, that she was “done” with their relationship, and blocked his number on her phone. Three days later, on April 20, Hartl showed up at C.L.'s house, parked in her driveway, blocked her car in so she could not leave, and insisted they talk. For the next month, C.L. and Hartl tried, and failed, to make the relationship work by attending counseling together. C.L. once again told Hartl that she did not want to have any contact with him. After that, on May 22, C.L. opened the door to her home to let her dog in, at which time Hartl “lunge[d] around, pulled the door open, force[d] his way in and grabbed my hand up.” She was able to get away from his grasp and out onto the deck. She told him to get off her property and that the relationship was done.

The following incidents occurred in the subsequent two months:

• May 22-28: C.L. parked behind a neighbor's house, climbed over the back fence, and snuck in and out of her back door to make it appear that she was not home.

• Neighbors reported that they saw Hartl's car drive by C.L.'s residence multiple times.

• June 11: Hartl knocked on C.L.'s door for thirty minutes while talking loudly to her through the door. He called her twice leaving voicemails, and parked his car blocking her driveway prevented C.L. from leaving in her car.

• June 13: C.L. saw Hartl drive by her house “about ten times.”

• June 15: Hartl called C.L. and left a voicemail.

• June 16: Hartl called C.L. and left a voicemail.

• June 18: Hartl showed up, uninvited, to the funeral and graveside services of C.L.'s mother, and continually asked C.L. to talk. Later that night, he drove by her house twice.

• June 19: C.L. received a three page letter from Hartl discussing “how [their] life could be together,” as well has informing her that he bought them concert tickets together for a concert in July. Hartl also called C.L. and left a voicemail.

• June 20: Hartl drove in front of C.L.'s house.

• June 24: Hartl knocked on C.L.'s door for seven minutes. She introduced a time stamped photo of his car in the neighbor's driveway and a recording on her phone of him talking at her door, as well as a voicemail from that day.

• June 26: Hartl drove past C.L.'s home twice in the morning. He was later seen driving on a street parallel to a friend's house that C.L. was visiting. The street is not a main street through town.

495 S.W.3d 243

• June 27: Hartl forced his way into C.L.'s home, “pushing [her] back against the wall, grabbing [her] hands with one hand at [her] wrist.” As she attempted to run out of the back of the house, she tried to push the burglar button on her alarm system. The button did not work so she called the police, who took a report.

• June 28: C.L. received a phone call from a neighbor informing her that Hartl had driven by her house twice in the morning. C.L. also saw Hartl drive by her house later that night.

On June 30, 2015, C.L. filed a petition seeking an Order of Protection against Hartl in the Circuit Court of Jackson County. An ex parte order of protection was issued pending a hearing. A bench trial occurred on August 12, 2015. The circuit court granted C.L. the full order of protection, stating that “[d]espite the fact there has not been verbal threats, there has been enough physical contact and repeated physical contact to the petitioner that her fear is a reasonable fear.” Hartl appeals.

Standard of Review

“The appellate court will sustain the trial court's order unless it is not supported by substantial evidence, it is against the weight of the evidence, or it erroneously declares or applies the law.” Wallace v. Van Pelt , 969 S.W.2d 380, 382 (Mo.App.W.D.1998). This court gives deference to the circuit court's findings of credibility, and only considers those facts and reasonable inferences therefrom supporting the decision. Id. at 383. “Because the trial judge is in the best position to gauge the credibility of the witnesses, in cases under the Adult Abuse Act, the discretion of the trial...