Pratt v. Lasley, No. WD 65992.

CourtCourt of Appeal of Missouri (US)
Writing for the CourtJoseph M. Ellis
Citation213 S.W.3d 159
PartiesTerry PRATT, Respondent, v. Chuck LASLEY, Appellant.
Docket NumberNo. WD 65992.
Decision Date16 January 2007
213 S.W.3d 159
Terry PRATT, Respondent,
v.
Chuck LASLEY, Appellant.
No. WD 65992.
Missouri Court of Appeals, Western District.
January 16, 2007.

Mark A. Hubbard, Platte City, for appellant.

Bryan T. Pratt, Kansas City, for respondent.

Before JOSEPH M. ELLIS, Presiding Judge, ROBERT G. ULRICH, Judge and RONALD R. HOLLIGER, Judge.

JOSEPH M. ELLIS, Judge.


Chuck Lasley appeals from an order of protection entered against him as a result of a petition filed by his brother-in-law, Terry Pratt, pursuant to §§ 455.010 to 455.085,1 commonly referred to as the Adult Abuse Act.

Lasley is married to the sister of Pratt's wife. On August 21, 2005, while in Pratt's driveway, Lasley threatened to "beat [Pratt's] ass." On August 28, 2005, while on Pratt's property, Lasley struck Pratt's head with a closed fist.

The following day, Pratt filed a Petition for Order of Protection in the Circuit Court of Platte County. The trial court entered a temporary order of protection and scheduled a show cause hearing. Following that hearing, on September 6, 2005, the trial court entered a Full Order of Protection against Lasley.

In his sole point on appeal, Lasley contends that the trial court erred in granting an order of protection because he and Pratt were not "related by blood or marriage" as required by the statute. He argues that, because they are married to sisters, they are not related by consanguinity or affinity and should, therefore,

213 S.W.3d 160

not be considered to be related by marriage.

Section 455.020.1 provides that "[a]ny adult who has been subject to abuse by a present or former adult family or household member, or who has been the victim of stalking, may seek relief under sections 455.010 to 455.085 by filing a verified petition alleging such abuse or stalking by the respondent." Section 455.010(5) defines "`family' or `household member'" to include "spouses, former spouses, adults related by blood or marriage, adults who are presently residing together or have resided together in the past, an adult who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, and adults who have a child in common regardless of whether they have been married or have resided together at any time." Thus, any adult related to the petitioner by blood or marriage is a "family member" under § 455.020.1.

Lasley contends that the trial court erroneously determined that Pratt was related to him by marriage as required by...

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2 practice notes
  • Benjamin v. McKinnon, No. 4-07-0079.
    • United States
    • United States Appellate Court of Illinois
    • 26 Febrero 2008
    ...by virtue of Lucas and Tara's prior marriage. Therefore, Jeremy and Terry were Lonna's relatives by collateral affinity. Pratt v. Lasley, 213 S.W.3d 159, 160 (Mo.App.2007), supports this statutory interpretation. In Pratt, the court concluded that two men who were married to sisters were re......
  • H.K.R. v. Stemmons, No. WD 70560.
    • United States
    • Court of Appeal of Missouri (US)
    • 13 Octubre 2009
    ...section 455.020.1 based on abuse, the petitioner must prove a family or household relationship with the respondent. Pratt v. Lasley, 213 S.W.3d 159, 160 (Mo.App. W.D.2007). There is no dispute that Respondent and Stemmons are not related in any way, have never lived together, and have no pe......
2 cases
  • Benjamin v. McKinnon, No. 4-07-0079.
    • United States
    • United States Appellate Court of Illinois
    • 26 Febrero 2008
    ...by virtue of Lucas and Tara's prior marriage. Therefore, Jeremy and Terry were Lonna's relatives by collateral affinity. Pratt v. Lasley, 213 S.W.3d 159, 160 (Mo.App.2007), supports this statutory interpretation. In Pratt, the court concluded that two men who were married to sisters were re......
  • H.K.R. v. Stemmons, No. WD 70560.
    • United States
    • Court of Appeal of Missouri (US)
    • 13 Octubre 2009
    ...section 455.020.1 based on abuse, the petitioner must prove a family or household relationship with the respondent. Pratt v. Lasley, 213 S.W.3d 159, 160 (Mo.App. W.D.2007). There is no dispute that Respondent and Stemmons are not related in any way, have never lived together, and have no pe......

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