Missouri Court of Appeals, Western District / Apr 6, 2021
L.M.D. vs. Robert W. Gauert
L.M.D. sought a full order of protection against Robert Gauert, alleging stalking under the Adult Abuse Act, stemming from a long-standing neighbor dispute. The circuit court granted the order, but Gauert appealed, arguing the record lacked substantial evidence to support the finding of stalking. The Missouri Court of Appeals, Western District, reversed and vacated the judgment, concluding that L.M.D. failed to prove all elements required to establish stalking, as many alleged incidents either served a legitimate purpose, did not cause subjective fear of physical harm, or were insufficient to constitute a pattern of conduct.