Monday, July 11, 2011

Actual Fear Not a Requirement for Stalking Injunction (Reasonable Person Standard Adopted).

Bott v. Osburn, 2011 UT App 139 (Utah Court of Appeals, May 5, 2011)
Wife filed for and was granted a ex parte temporary stalking injunction.  The bases for the stalking injunction were the two telephone conversations in which Girlfriend threatened to shoot Wife.  Wife also knew that Girlfriend had purchased a gun.  The Court entered the permanent stalking injunction.  Girlfriend appealed arguing that Wife did not show she had fear of Girlfriend.
The Court of Appeals affirmed the trial court finding that there were sufficient grounds for the stalking injection because Girlfriend had engaged in a course of conduct that would cause a reasonable person fear (the threats of shooting wife) and Girlfriend knew or should have known that such threats would cause a reasonable person fear.  The Court of appeals found no need for Wife to show actual fear, but that a reasonable person standard should be adopted for the purposes of entering a stalking injunction.

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