J.D.B. v. Muller

To support the issuance of an SPO, a petitioner must establish at least two unwanted contacts which each must cause subjective and objectively reasonable alarm or coercion.

Respondent bumped Petitioner’s car and, one month later, took pictures of Petitioner’s home when Petitioner was not home. Respondent appealed from a final stalking protective order (SPO). Respondent claimed that the evidence was insufficient to establish the requisite number of “repeated unwanted contacts.” To support the issuance of an SPO, a petitioner must establish at least two unwanted contacts which each must cause subjective and objectively reasonable alarm or coercion. The Court stated that the first incident qualifies, however, the second does not. The Court reasoned that while unsettling and unwelcome, there is an absence of threat to Petitioner’s safety thus there is not enough of a record of abuse to change the character of otherwise non-threatening conduct. Respondent’s access to firearms also does not by itself change the character of the conduct because there was no history of Respondent threatening Petitioner with a firearm. Reversed.