Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

C.L. v. Hartl

Court of Appeals of Missouri, Western District, Second Division

August 9, 2016

C.L., Respondent,
v.
KENNETH WAYNE HARTL, Appellant.

         Appeal from the Circuit Court of Jackson County, Missouri, The Honorable S. Margene Burnett, Judge

          Before: Karen King Mitchell, Presiding Judge, Cynthia L. Martin, Judge and Gary D. Witt, Judge

          OPINION

          Gary D. Witt, Judge

         Appellant, Kenneth Wayne Hartl ("Hartl"), appeals from the judgment of the Circuit Court of Jackson Country granting a full order of protection to Respondent, C.L. ("C.L.")[1]. In his sole point on appeal, Hartl argues that the circuit court erred in granting the order because C.L. failed to prove, by a preponderance of the evidence, that Hartl's actions constituted domestic violence or stalking. We affirm.

         Factual and Procedural History[2]

         After dating since 2011, C.L. moved out of her shared residence with Hartl on March 7, 2015. A few weeks later, on April 17, C.L. informed Hartl, in person, that she was "done" with their relationship, and blocked his number on her phone. Three days later, on April 20, Hartl showed up at C.L.'s house, parked in her driveway, blocked her car in so she could not leave, and insisted they talk. For the next month, C.L. and Hartl tried, and failed, to make the relationship work by attending counseling together. C.L. once again told Hartl that she did not want to have any contact with him. After that, on May 22, C.L. opened the door to her home to let her dog in, at which time Hartl "lunge[d] around, pulled the door open, force[d] his way in and grabbed my hand up." She was able to get away from his grasp and out onto the deck. She told him to get off her property and that the relationship was done.

         The following incidents occurred in the subsequent two months:

• May 22 - 28: C.L. parked behind a neighbor's house, climbed over the back fence, and snuck in and out of her back door to make it appear that she was not home.
• Neighbors reported that they saw Hartl's car drive by C.L.'s residence multiple times.
• June 11: Hartl knocked on C.L.'s door for thirty minutes while talking loudly to her through the door. He called her twice leaving voicemails, and parked his car blocking her driveway prevented C.L. from leaving in her car.
• June 13: C.L. saw Hartl drive by her house "about ten times."
• June 15: Hartl called C.L. and left a voicemail.
• June 16: Hartl called C.L. and left a voicemail.
• June 18: Hartl showed up, uninvited, to the funeral and graveside services of C.L.'s mother, and continually asked C.L. to talk. Later that ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.