McGrath v. Bowen, ED 86613.
| Court | Court of Appeal of Missouri (US) |
| Citation | 192 S.W.3d 515 |
| Docket Number | No. ED 86613.,ED 86613. |
| Parties | Roger McGRATH, Petitioner/Respondent, v. Donnie BOWEN, Respondent/Appellant. |
| Decision Date | 23 May 2006 |
192 S.W.3d 515
Roger McGRATH, Petitioner/Respondent,v.
Donnie BOWEN, Respondent/Appellant
No. ED 86613.
Missouri Court of Appeals, Eastern District, Division Three.
May 23, 2006.
Matthew A. Radefeld, Todd A. Wakeland, Frank & Juengel Attorneys at Law, P.C., Clayton, MO, for appellant.
KATHIANNE KNAUP CRANE, Presiding Judge.
Petitioner filed an Adult Abuse/Stalking Petition for Order of Protection against respondent, based primarily on allegations that respondent had harassed and stalked petitioner's minor son. At trial, petitioner testified that he was seeking a full order of protection to protect his minor son. Petitioner produced no evidence that respondent had harassed or stalked petitioner. The trial court entered a judgment granting a full order of protection to petitioner under the Adult Abuse Act. We reverse for the reason that petitioner adduced no evidence that he was a victim of stalking entitled to an order of protection against respondent under the Adult Abuse Act, sections 455.010 through 455.085 RSMo (Cum.Supp.2004).1
In his petition for an order of protection under the Adult Abuse Act, petitioner, Roger McGrath, alleged that respondent, Donnie Bowen, had stalked him, harassed him, followed him from place to place, placed or attempted to place him in apprehension of immediate physical harm, and threatened him. Petitioner provided the dates and descriptions of each event in his attachment to the petition. All of the described incidents involved allegations of respondent's conduct directed at petitioner's minor son. The only allegation of conduct directed at petitioner was the claim that in the September 4, 2004 incident, respondent directed foul and vulgar language toward petitioner.
At trial, petitioner, appearing pro se, testified that his thirteen-year-old son had been "harassed and intimidated and stalked" by respondent, and that he was concerned about the escalation of the harassment, intimidation and stalking. Petitioner testified to one incident in which respondent used vulgar language toward his son on June 19, 2005, and a second incident in which respondent "rode by" his son and said something on June 15, 2005. On cross-examination, counsel for respondent asked, "So this order of protection is for yourself or —." Petitioner responded, "This is to protect my son from [respondent]." On cross-examination, petitioner
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Skovira v. Talley, SD 31629.
...that sufficient evidence exists to support all elements of the statute before entering a full order of protection.” McGrath v. Bowen, 192 S.W.3d 515, 517 (Mo.App.2006); see Overstreet v. Kixmiller, 120 S.W.3d 257, 259 (Mo.App.2003); Glover v. Michaud, 222 S.W.3d 347, 351–52 (Mo.App.2007). T......
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Dennis v. Henley
...that sufficient evidence exists to support all elements of the statute before entering a full order of protection." McGrath v. Bowen, 192 S.W.3d 515, 517 (Mo.App. 2006); Overstreet v. Kixmiller, 120 S.W.3d 257, 259 (Mo.App.2003); see Glover v. Michaud, 222 S.W.3d 347, 351 (Mo.App.2007). The......
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Perren v. Perren, SD 33817
...that sufficient evidence exists to support all elements of the statute before entering a full order of protection." McGrath v. Bowen, 192 S.W.3d 515, 517 (Mo.App.2006) ; see Overstreet v. Kixmiller, 120 S.W.3d 257, 259 (Mo.App.2003) ; Glover v. Michaud, 222 S.W.3d 347, 351–52 (Mo.App.2007).......
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M.D.L. v. S.C.E., ED 97992.
...support all elements of the statute before entering a full order of protection.” Skovira, 369 S.W.3d at 781 ( quoting McGrath v. Bowen, 192 S.W.3d 515, 517 (Mo.App. E.D.2006)). Here, there is insufficient evidence to support a finding that Appellant's conduct caused Respondent to fear physi......