Missouri Court of Appeals, Western District / Aug 31, 2021
R.K. vs. John M. Kelly
John Kelly appealed a full order of protection entered against him and in favor of R.K., which the trial court granted based on a finding of stalking. Kelly argued the petition was unverified and that there was insufficient evidence of stalking. The appellate court reversed the judgment, holding that Kelly waived the verification issue by not objecting at trial. However, the court found R.K. failed to present sufficient evidence that Kelly's conduct caused her subjective fear of physical harm, a necessary element for stalking under the Adult Abuse Act.