Oplotnik v. Alexander, WD 61451.

• Decision Date: 03 June 2003
• Docket Number: No. WD 61451.,WD 61451.
• Citation: 105 S.W.3d 923
• Parties: Shelley OPLOTNIK, Respondent, v. Tammy ALEXANDER, Appellant.
• Court: Missouri Court of Appeals

Page 923

105 S.W.3d 923

Shelley OPLOTNIK, Respondent, v.Tammy ALEXANDER, Appellant.

No. WD 61451.

Missouri Court of Appeals, Western District.

June 3, 2003.

Appeal from the Circuit Court of Jackson County; Christine T. Sill-Rogers, Judge.

Shelley Oplotnik, Kansas City, pro se.

Brian C. Greer, Kansas City, for appellant.

Before HOWARD, P.J., and LOWENSTEIN and HARDWICK, JJ.

VICTOR C. HOWARD, Presiding Judge.

Tammy Alexander appeals from the trial court's judgment granting a full order of protection to her neighbor, Shelley Oplotnik, pursuant to the Adult Abuse Act, §§ 455.010 to 455.085 RSMo 2000.In her sole point on appeal, Alexander claims the trial court erred in issuing an extension of the order of protection to Oplotnik against her because Oplotnik did not meet her burden of proof by a preponderance of the evidence that the expiration of the full order of protection would place Oplotnik in an imminent and present danger of abuse.

We dismiss the appeal as moot.

Facts

On February 16, 2001, Shelley Oplotnik filed a petition for order of protection against her neighbor, Tammy Alexander.In the petition, Oplotnik stated that Alexander had repeatedly harassed her by "coming after me on my property, threatening abuse several times in front of police, once in front of her brother, driving through my yard, dumping front door in my yard, pounding on the walls."She listed the dates as 7/00, 1/01, 2/15/01, and 12/01.Oplotnik further stated that Alexander said, "I'm going to kick your white ass," and that Alexander said Oplotnik "is a white ass bitch."

Also on February 16, 2001, Oplotnik filed a motion to issue summons, requesting that the matter be set for hearing and that a summons be issued to Alexander.The same day, the circuit court issued an ex parte order of protection, ordering Alexander not to abuse, threaten to abuse, molest, stalk, or disturb the peace of Oplotnik or enter Oplotnik's premises.The order stated that the hearing would be held on February 28, 2001, and that service was issued on February 22, 2001.

On February 28, 2001, the court issued a first amended ex parte order of protection against Alexander.The order stated that the hearing would be held on March 14, 2001, and that service was issued on March 2, 2001.

On March 14, 2001, the court issued a second amended ex parte order of protection against Alexander.The order stated that the hearing would be on March 28, 2001, and that service was issued on March 15, 2001.

On March 28, 2001, the court issued a full order of protection ordering Alexander to not abuse, threaten to abuse, molest, stalk, or disturb the peace of Oplotnik; to not communicate with Oplotnik in any manner or through any medium; and to not enter Oplotnik's premises.The full order of protection indicates that Oplotnik and Alexander appeared in person on March 28, 2001, that the "matter was heard," and that notice and a copy of the petition were served to Alexander at least three days prior to the hearing.

On March 18, 2002, Oplotnik filed a motion for extension of full order of protection, in which she stated that the allegations set forth in the petition for order of protection still existed.She then listed the following: "disturbing — harassment — calling police — pounding on walls.Driving on my property — Staring at me for long periods.Yelling through walls."The same day, the court entered an interim ex parte order of protection.

On April 1, 2002, the court entered a first interim ex parte order of protection.On April 12, 2002, the court entered an interim second amended ex parte order of protection.

On April 29, 2002, the court held a hearing on the motion to extend the order of protection.At the hearing, Oplotnik testified that she believed she was still in danger as a result of Alexander's conduct.She testified that the information she gave the court in her extension motion was true, and that "[s]ome of the things from before aren't as much."When asked if it would be correct to say that she did not like Alexander, Oplotnik replied that she had "never had a...