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Joseph Patrick Murphyv.Kristen O'Keefe

CourtCourt of Appeals of Georgia
Docket No.A18A1888
DecidedJanuary 8, 2019
JudgesCourt of Appeals of Georgia
Tags
CivilCivil ProcedureAppellate ProcedureStatutory InterpretationEvidenceReversalDue Process
Case Summary

After a hearing, the trial court entered a twelve-month stalking protective order against Joseph Patrick Murphy. The order barred him from approaching Kristen O’Keefe within 500 yards and from contacting her directly or indirectly. O’Keefe testified that Murphy came to her workplace, left a note asking her to call him, returned, and later used a customer to deliver another note. The Court of Appeals reversed because the evidence did not establish the statutory pattern of harassing and intimidating behavior required for a stalking protective order. O’Keefe described feeling uncomfortable, but the record did not show that Murphy’s conduct placed her in reasonable fear for her safety. The police report was not admitted, and neither the officer nor the restaurant manager testified about any instruction that Murphy stay away. The trial court therefore lacked evidentiary support for finding repeated contact after such a directive. Because the petitioner had not proved the statutory elements by a preponderance of the evidence, the Court held that issuing the protective order was an abuse of discretion.

Opinion

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Joseph Patrick Murphy V. Kristen O'Keefe — The Atlanta Gleaner