Wallace v. Van Pelt

• Decision Date: 23 June 1998
• Docket Number: No. WD,WD
• Citation: 969 S.W.2d 380
• Parties: Tracey WALLACE, Respondent, v. Melvin VAN PELT, Appellant. 54658.
• Court: Missouri Court of Appeals

Page 380

969 S.W.2d 380

Tracey WALLACE, Respondent, v. Melvin VAN PELT, Appellant.

No. WD 54658.

Missouri Court of Appeals Western District.

June 23, 1998.

Larry L. Zahnd, Zahnd, Ross and Thomson, Maryville, for appellant.

Tracey Wallace, pro se.

Before EDWIN H. SMITH, P.J., and SMART and ELLIS, JJ.

ELLIS, Judge.

Melvin Van Pelt appeals from a full order of protection entered by the Circuit Court of Nodaway County pursuant to the Adult Abuse Act, §§ 455.010 to 455.085. ¹ That order provided that Van Pelt shall not stalk, abuse, threaten to abuse, molest or disturb the peace of Tracey Wallace wherever she may be and that he shall not enter or stay upon the premises of Mrs. Wallace's dwelling.

Van Pelt and Mrs. Wallace live next door to each other on East Third Street in Maryville, Missouri. Between the two houses are Van Pelt's driveway and a fence separating the two backyards.

Mrs. Wallace operates a day care service at her home. Up until January, 1997, Van Pelt allowed the parents of the children in day care to use his driveway to access the Wallace's house. About that time, Van Pelt complained to Wallace and her husband that Mrs. Wallace and the people using his driveway were not friendly to him. Van Pelt eventually put up "no parking" and "private drive" signs. During the winter and spring of 1997, Mrs. Wallace asked the people coming to her house not to use Van Pelt's driveway.

During the spring, Van Pelt and Mrs. Wallace did not speak to each other. On May 2, 1997, Van Pelt asked Mr. Wallace to come over to his house. When Mr. Wallace arrived, Van Pelt told him that he would do something drastic if Mrs. Wallace did not start being nice to him. Mr. Wallace and Van Pelt proceeded to have a conversation in which they agreed to get together with Mrs. Wallace, their minister, and a mutual uncle to try to work things out between Van Pelt and Mrs. Wallace.

On May 3, 1997, Mrs. Wallace was talking with one of the parents that used her day care service when she heard Van Pelt yell at some of the children in the backyard. Mrs. Wallace had allowed the children to build a fort out of some bricks from an old garage in the backyard and seven or eight of those bricks had ended up in Van Pelt's yard. When Van Pelt saw Mrs. Wallace, he yelled, "You get over here and pick up those bricks." Mrs. Wallace refused and told Van Pelt to leave her alone. As Mrs. Wallace walked toward her house, Van Pelt walked along the fence and told her, "Lady, I didn't do to you what you think I did but I will get you worse." ²

The following day a DFS officer came to Mrs. Wallace's house to investigate a complaint that had been made alleging that the children in Mrs. Wallace's care had thrown bricks into a yard and were allowed to play in the street. While she was originally scared by Van Pelt's "get you worse" comment, once the DFS officer arrived, Mrs. Wallace understood this to be what Van Pelt meant.

On June 4, 1997, Mrs. Wallace filed a petition for an order of protection for adult abuse. ³ In her petition, Mrs. Wallace claimed that Van Pelt had intentionally harassed and stalked her by the following acts:

5-3-97 yelled at me to get over to his yard and pick up approx. 7-8 bricks that had fallen over the property line. I told him "no" and he got even madder and then proceded [sic] to tell me that "I didn't do what you think I did, but I will do worse!"

5-4-97 the DFS came to my door and said that accusations were made against me and she needed to talk to my children. She took them upstairs and talked to them. Then she came down and asked me to respond to the accusations. She said that she found it, the accusations, unfounded. She left and I called MPS--because this is definately [sic] harrassment [sic].

The petition went on to state:

I am afraid of respondent and there is an immediate and present danger of abuse to or stalking of me because: because he's playing weird emotionally/mentally harmful games that are embarrassing, stressful and degrading to me and my family.

In response to that petition, the Circuit Court of Nodaway County entered an ex parte order of protection that same day. Based on the allegations in the petition, the court found that there was "an immediate and present danger of abuse to petitioner, or petitioner has been a victim of stalking by respondent, and there is good cause to issue an order of protection." The Court also set a hearing for June 17, 1997.

Following a continuance, on July 7, 1997, a hearing was held to determine whether a full order of protection should be granted. On July 21, 1997, the court entered its Findings of Fact and Conclusions of Law. The court found that Van Pelt had stalked Mrs. Wallace as defined by § 455.010(10) and entered a full order of protection to be effective through July 1, 1998. ⁴

Van Pelt brings three points on appeal. ⁵ In his first point, Van Pelt challenges the sufficiency of the evidence to support the issuance of the full order of protection. In his second point, Van Pelt claims that Mrs. Wallace's petition failed to state a claim for which relief could be granted. Finally, Van Pelt claims that the trial court erred in failing to make specific requested findings of fact.

Because of our disposition of Van Pelt's first point, we need not address his Points II and III. To summarize his argument in Point I, Van Pelt contends the trial court erroneously construed and applied the anti-stalking statute because there was no substantial evidence to support a finding that: (a) Van Pelt intended by his conduct to purposely and repeatedly harass Mrs. Wallace; (b) his conduct served no legitimate purpose; and (c) his conduct would cause a reasonable person to suffer substantial emotional distress. In other words, Van Pelt contends Mrs. Wallace failed to show his conduct met the definition of "stalking" found in the statute.

In reviewing this judge tried case, we 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. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). Substantial evidence is competent evidence from which the trier of fact could reasonably decide the case. Mathis v Jones Store Co., 952 S.W.2d 360, 366 (Mo.App. W.D.1997). We defer to the trial court's determinations relating to credibility and consider only those facts and inferences supporting the judgment. Devor v. Blue Cross & Blue Shield, 943 S.W.2d 662, 665 (Mo.App. W.D.1997). 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 court should not often be superseded. Parkhurst v. Parkhurst, 793 S.W.2d 634, 637 (Mo.App. E.D.1990).

Anti-stalking statutes are relatively new in this country. In response to several highly publicized murders by stalkers, California was the first state to pass an anti-stalking statute in 1990. Cal.Penal Code § 646.9 (West 1991), amended by 1992 Cal. Stat. 627. See K. McAnaney, L. Curliss & C.E. Abeyta-Price, From Imprudence to Crime: Anti-Stalking Laws, 68 Notre Dame L.Rev., 819, 823-24 (1993). According to one writer, the growing publicity and concern over the threat stalkers pose to their victims has resulted in at least 48 states adopting criminal anti-stalking legislation since 1990. M. Katherine Boychuk, Are Stalking Laws Unconstitutionally Vague or Overbroad?, 88 NW U.L.Rev. 769 n. 1 (1994). Missouri adopted its criminal anti-stalking statute, § 565.225, in 1993. However, Missouri went further and also amended the Adult Abuse Act to authorize protective orders in cases of stalking.

Van Pelt contends his behavior does not satisfy the definition of "stalking" in that Mrs. Wallace failed to show that he possessed the requisite intent, that his behavior had no legitimate purpose, and that his behavior would cause a reasonable person to suffer substantial emotional distress. Resolution of this assertion requires review of the applicable statutory provisions.

Statutory interpretation is a question of law. Staley v. Missouri Director of Revenue, 623 S.W.2d 246, 248 (Mo. banc 1981). When interpreting a statute, our primary role is to ascertain the intent of the legislature from the language used in the statute and, whenever possible, give effect to that intent. Sullivan v. Carlisle, 851 S.W.2d 510, 512 (Mo. banc 1993). In determining legislative intent, the words used in the statute are to be considered in their plain and ordinary meaning. Trailiner Corp. v. Director of Revenue, 783 S.W.2d 917, 920 (Mo. banc 1990). "Further insight into the legislature's object can be gained by identifying the problems sought to be remedied and the circumstances and conditions existing at the time of enactment." Sermchief v. Gonzales, 660 S.W.2d 683, 688 (Mo. banc 1983); See also Schneider v. State of Missouri, Division of Water Safety, 748 S.W.2d 677, 678 (Mo. banc 1988) ("The legislative intent and meaning of the words can, in many instances, be found in the general purposes of the legislative enactment."). Finally, where statutory language is clear, unambiguous and admits of one meaning, there is no room for construction. Strunk v. Hahn, 797 S.W.2d 536, 546 (Mo.App.1990).

Section 455.020 provides:

Any 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.

§ 455.020.1, RSMo 1994. Abuse by harassment is defined as:

"Abuse" includes but is not limited to the occurrence of any of the following acts ...

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"Harassment", engaging in purposeful or knowing course of conduct involving more than one incident that alarms or causes distress to another adult and serves no legitimate purpose. The course of conduct must be such as would cause a reasonable...