Robert W. Gauert Missouri Cases

G.E.G. obtained a full order of protection against Robert W. Gauert from the Circuit Court of Callaway County, alleging stalking. Gauert appealed, arguing the record lacked substantial evidence to establish stalking under the Adult Abuse Act. The appellate court reversed and vacated the judgment, holding that the two incidents presented (shooting G.E.G.'s dog and taking photographs of G.E.G. on the highway) would not cause a reasonable person to fear physical harm. Therefore, G.E.G. failed to meet her burden of proof for the "alarm" element of stalking.

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.

R.J.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, prohibiting Gauert from contact and firearm possession. The appellate court reversed and vacated the judgment, finding that R.J.D. failed to present substantial evidence to prove all elements of stalking, as some alleged acts served a legitimate purpose, others did not cause subjective fear of physical harm, and one was initiated by R.J.D. himself, leaving insufficient incidents to establish a pattern of conduct.