Monday, March 21, 2011

Before a Court Can Issue a Stalking Injunction, Respondent Must Commit At Least Two Criminal Acts

Allen v. Anger, 2011 UT App 19 (Utah Court of Appeals, January 21, 2011).
Allen sought and was granted a stalking injunction against Anger for her act of posting several posters throughout Allen’s neighborhood criticizing Allen’s choice to place her daughter in a teen ranch.  Further, Anger had encouraged and helped the same daughter seek emancipation.  The Stalking injunction was entered and Anger appealed.
The Court of Appeals found that under U.C.A. §6-5-106.5 a stalking injunction cannot be entered without a showing that the Respondent has committed at least two acts of stalking under U.C.A. § 77-3a-101.  Because in this case there has only been one act that would rise to the level of stalking (the placing of the posters), there is no grounds for the stalking injunction.  Reversed.

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