Legal Opinion

H.K.R. v. Stemmons

Missouri Court of Appeals

Decided October 13, 2009No. WD 70560PublishedCited by 4 opinions

1Opinion of the Court

KAREN KING MITCHELL, Judge.

Avery Stemmons appeals an adverse entry of a full order of protection under Missouri’s Adult Abuse Act. On appeal, Stemmons argues that section 455.020.1, 1 the statute under which the order was entered, is inapplicable to him. Because Stemmons is neither a “present or former adult family or household member” of Respondent, and because the alleged acts do not amount to stalking, we reverse and remand with instructions to vacate the full order of protection.

Factual and Procedural Background

We review the evidence in the light most favorable to the circuit court’s…

2Cases cited3 opinions

  1. Murphy v. CarronSupreme Court of Missouri · 1976
  2. Cuda v. KellerMissouri Court of Appeals · 2007
  3. Pratt v. LasleyMissouri Court of Appeals · 2007

3Cited by4 opinions

  1. Dennis v. HenleyMissouri Court of Appeals · 2010
  2. Fowler v. MinehartMissouri Court of Appeals · 2013
  3. L.M.D. v. D.W.D.Missouri Court of Appeals · 2018
  4. S.D. v. WallaceMissouri Court of Appeals · 2012

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