Court of Appeals of Missouri, Western District, Second Division
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
D. Witt, Judge
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."). 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.
and Procedural History
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.
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
• 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 ...