J.K.T. v. Ringer

26 S.W.3d 830, 2000 Mo. App. LEXIS 1388
CourtMissouri Court of Appeals
DecidedSeptember 13, 2000
DocketNo. 23481
StatusPublished
Cited by17 cases

This text of 26 S.W.3d 830 (J.K.T. v. Ringer) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
J.K.T. v. Ringer, 26 S.W.3d 830, 2000 Mo. App. LEXIS 1388 (Mo. Ct. App. 2000).

Opinion

PER CURIAM.

This case concerns the applicability of §§ 455.500^455.538,1 known as the “Child Protection Orders Act” (the “Act”). J.K.T. (“Father”), as parent and natural guardian of his daughter, R.T.T. (“Daughter”), filed a petition seeking relief under the Act. The trial court entered an Ex Parte Order of Child Protection against James M. Ringer (“Appellant”), and, after a subsequent hearing, entered a Judgment/Full Order of Child Protection. Appellant contests the sufficiency of the petition as well as the evidence.2 We reverse.

[833]*833Father, as parent of Daughter, filed a verified Petition for Order of Child Protection against Appellant alleging that he was stalking Daughter. He alleged that Appellant had stalked and inflicted emotional abuse on Daughter by: (1) “child says enticed from home approx. 10 times after family retired ... told child to use WD 40 on door hinges to keep them from squeaking”; (2) “[t]ook child to beer ‘joint’ Sonny’s 1 time”; (B) “child was picked up at Fire Station and taken to [Appellant’s] home & was given Zima Beer”; (4) “child was given a mixture containing alcohol at [Appellant’s] home on another occasion, # 3 & 4 was told by brother who [Daughter] confided in”; (5) “[Appellant] showed up at two high school speech meets at Bernie, Jan. 13 and Kennett Jan. 20 — This was reported by Speech Coach and H.S. Administrator to me”; (6) “[brother] reported [Appellant] driving my new Oldsmobile 2 times or more.” He also alleged that an immediate and present danger to Daughter existed because: “[Appellant] entice [sic] & child is ... and child has displayed emotional actions and severe stress at present time. Child has 2½ years [of] school left, and attention to School, Church & Family is needed very much.”3 He requested that, “[p]ursuant to Sections 455.510 to 455.520, RSMo .... that the Court issue an ex parte order of protection: restraining [Appellant] from abusing, threatening to abuse, stalking, molesting or disturbing the peace of [Daughter];” and from “having any contact with [Daughter], except as specifically authorized by the Court.”

After the Ex Parte Order of Child Protection was entered, the trial court held a hearing in February 2000, at which Daughter and Father testified. Daughter, who was sixteen, testified that she met Appellant, who was twenty, the prior August and had been with him approximately forty times between then and January, which she said was the last time she had been with him. She said that on some occasions they met at football games; he called her at home once and she called him at his father’s home more than forty times; she sneaked out of her parents home at night ten or twelve times to meet Appellant; Appellant had given her beer on two occasions, and that she had gone with him to Sonny’s Tavern once to look for someone. She said that their meetings were by mutual agreement, and that he had, upon her request, come to two speech tournaments she was participating in. Daughter said that Appellant had never forced her to do anything she didn’t want to do, was a gentleman when he was with her, and that their relationship was purely consensual because she liked him, and in fact had told him that she loved him. She introduced Appellant to other people as her boyfriend and he referred to her as his girlfriend. Before Father filed the petition in this case, Daughter told him that Appellant hadn’t done anything wrong to her, and “that it was all as much [her] doings and [sic] as it was his, that [they] were seeing each other.”

In response to questions from the court, Daughter testified that she continued to see Appellant after her parents found out and voiced their disapproval, and that knowing she was continuing to see him contrary to her parents’ instructions caused her emotional distress. She later said, however, that the emotional distress she was undergoing was overcome by her desire to be with Appellant.

Father testified that he became aware that Daughter was slipping out of the house at night, but didn’t know she was seeing Appellant until the previous Christmas. When he learned who she was seeing, he told her that Appellant was too old for her, and that she was not to continue to see him. He admitted that the allegations of his petition were based on things that his family and others had told him.

In entering the Full Order of Protection, the court said that the meetings at the [834]*834speech meets, the football games, and other social activities appeared to be “constitutionally protected activities for which no relief would lie under the child protection statute.” It then expressed concern that Daughter had left her parents’ home and rendezvoused with Appellant on more than one occasion after knowing it was against her parents’ instructions. It also said:

The Court is further concerned that [Appellant] made available to her access to beer for consumption by her, although not forcing her to drink it. The Court is further somewhat concerned that he would put her in a circumstance that would allow her to go into Sonny’s Tavern, although understanding that nothing untoward took place while she was there. For those reasons, the Court finds that the child protection order should be entered for a period of 180 days, directing that the [Appellant] not stalk or have any contact with [Daughter].

The court then entered Judgment/Full Order of Child Protection in which it found that Father had proven “the allegations of stalking by a preponderance of the evidence,” and it ordered that Appellant “shall not stalk, abuse, threaten to abuse, molest or disturb the peace of the minor child, [Daughter], wherever said child may be”; and that he “shall not have any contact” with her.

As with other court-tried cases, the judgment of the trial court will be affirmed unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law. Reller v. Hamline, 895 S.W.2d 659, 660 (Mo.App. W.D.1995), citing 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. Wallace v. Van Pelt, 969 S.W.2d 380, 382 (Mo.App. W.D.1998). The appellate court defers to the trial court’s determinations relating to credibility and considers only those facts and inferences supporting the judgment. Id. at 383.

Initially, we note that § 455.516.1 provides that if the petitioner for a full order of protection has proven the allegations of abuse of a child by a preponderance of the evidence, the court may issue such an order “for a definite period of time, not to exceed one hundred eighty days.” In this case, the full order of protection was entered on February 8, 2000, and provided that it was effective until August 5, 2000, unless sooner terminated or extended. The record here does not indicate that it was extended, and, accordingly, it apparently has expired by the lapse of time. Although not raised as an issue on this appeal, the case could be considered moot for that reason. An appellate court, however, may decide an otherwise moot issue if it is of general public interest and importance, recurring in nature, and will otherwise evade appellate review. State ex rel. Dankelson v. Holt,

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Cite This Page — Counsel Stack

Bluebook (online)
26 S.W.3d 830, 2000 Mo. App. LEXIS 1388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jkt-v-ringer-moctapp-2000.