Tuesday, December 31, 2013

Continual Attempts to Contact is Stalking

Williams v. Williams, 2013 UT App 111 Utah Court of Appeals May 2, 2013

Parties divorced and Jeri (Ex-wife) requested that Clark (ex-husband) not contact her, but to direct communications to her attorney.  Clark continued to contact her.

Jeri moved and redacted her address from court filings, Clark searched for and found her new home and sent her a text message with a picture of it.  He was contacted by the police and agreed not to contact Jeri.  In the next three months, he sent at least 16 emails to Jeri.  He sent her an envelope with two photographs of a nude woman.  Finding that he had been blocked from calling Jeri, Clark contacted the cellular phone company, impersonated Jeri, had the block removed and then called her several times.  Clark then went to Jeris home to confront her.  When questioned at trial about these incidents, Clark responded, I wanted to leave no doubt in her mind how I felt.  The trial court entered the stalking injunction.  Clark Appealed.

Clark argued that his conduct should not have caused more than mere anxiety or annoyance and it was not outrageous or intolerable.  The Court disagreed.  The Court noted that the requirement for outrageous conduct was removed in current version of the statute, however even if outrageous conduct was required, Clarks actions are sufficient for the entry of a stalking injunction.   Particularly disturbing are his efforts to find her when she concealed her address and to unblock his cell phone calls.  Affirmed.

Full opinion available at: http://www.utcourts.gov/opinions/appopin/williams208050213.pdf

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