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Martin v. Woodyard

The petitioner failed to prove that the appellant committed the offense of stalking.

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Marlena Martin appeals following the imposition of a stalking protective order, arguing that the trial court abused its discretion by entering the order because the evidence was insufficient to establish the elements of the offense of stalking. We agree and reverse. The record shows that the appellee, Walter C. Woodyard II,1 filed a petition for a temporary protective order based on allegations of stalking, specifically that Martin sent him an harassing email and that she created a web site with Steve Brewer, a former business associate of Woodyard, to destroy him. Woodyard also sought a protective order against Brewer and a joint hearing was held on these petitions, following which the trial court dismissed the petition against Brewer but issued a stalking 12-month protective order against Martin.

Testimony presented at the hearing and other evidence of record shows that the difficulties between Martin and Woodyard stemmed from a dispute over property Martin leased from Woodyard, and this dispute had resulted in litigation. At the hearing, Woodyard read several profanity laden emails he alleged Martin sent him, and he also testified that she had created a website and had been emailing others “slanderous stuff” but offered no proof of these other alleged acts other than his own testimony. Further, despite the profane and scurrilous nature of the emails, Woodyard testified that he would not have filed the petition seeking the protective order against Martin but for her association with Brewer, about whom he expressed fear. Specifically he testified that “all the time she was bothering me, I wasn’t worried about it. When Brewer got involved with her, now it’s a concern.”

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