Court of Appeals of Missouri, Eastern District, Third Division
from the Circuit Court of St. Louis County Hon. Mary
Van Amburg, Judge
S.R.B. appeals the judgment of the circuit court granting an
Order of Protection against her in favor of Respondent M.N.M.
We reverse and vacate the judgment.
parties were roommates for four weeks in 2015. Appellant
moved out of Respondent's apartment and into a
neighbor's unit. Three months later, Respondent sought an
order of protection alleging that Appellant took something
from Respondent's apartment and failed to return it,
defaced her front door and mailbox, telephoned her friends,
and made her uncomfortable by remaining in the complex.
hearing on the petition, Respondent testified that: she
believed but couldn't prove that Appellant wrote the
obscenities on her door and mailbox; Appellant contacted two
of Respondent's friends "to talk about me in a
negative way;" Appellant "contacted me with a nasty
test message;" and Appellant saw Respondent in the
parking lot and called her a bitch. On cross-examination,
Respondent conceded that she was not afraid of Appellant but
didn't know what she was capable of and didn't want
her around. Respondent testified as follows:
Q: So, my only question to you is: you are not afraid of her?
A: No, I'm not afraid of her.
Q: So what harm do you believe she could do to you based on
A: I believe she wrote on my house. She can come back and
write on my house.
Q: But you're not afraid of her harming you physically?
A: She could. … I believe that people can harm you and
people can do things maliciously.
close of the evidence, the trial court orally granted a full
order of protection. However, in its standard form written
judgment, the court did not check the box confirming an
evidentiary finding that Respondent had proven allegations
constituting abuse or stalking. Appellant appeals the
court's order and asserts that the evidence in the record
was insufficient to support findings of stalking or