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Elgin v. Swann

The defendant's appeal from the entry of a 6-month stalking protective order against her was not moot, even though the protective order had expired, because the issue of whether evidence of discrete threats between former neighbors can show a pattern of harassing or intimidating conduct and a potential for future stalking was capable of repetition and likely to evade review.

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Jennifer Elgin appeals from a six-month stalking protective order entered against her pursuant to OCGA § 16-5-94 d. We find that, although the protective order has expired, the issues raised in this appeal are not moot, the trial court employed the proper standard in evaluating the evidence, and it did not abuse its discretion in issuing the protective order. See Pilcher v. Stribling , 282 Ga. 166, 167 647 SE2d 8 2007 grant or denial of motion for protective order is reviewed for abuse of discretion. Accordingly, we affirm. Construed in favor of the judgment, see Garnsey v. Buice , 306 Ga. App. 565, 566 1 703 SE2d 28 2010, the evidence showed that Jennifer Elgin and R. Q. Swann were neighbors. In July 2011, Elgin and her husband, Lamar Elgin, were in the midst of a divorce, and Swann submitted an affidavit in the divorce proceeding in which he testified to certain of Elgin’s activities that he had observed by watching her through a telescopic lens. A few days later, on July 17, Elgin drove by Swann’s house honking her car horn and yelling, “Call Lamar.” Swann, his wife, and his stepdaughter a high school student were in their front yard at the time. Elgin then pulled into her own driveway and got out of her car. Joined by her sister, Elgin laughed, screamed obscenities at the Swanns, and repeatedly threatened to “kick” or “whip y’all’s ass.”

Swann testified that Elgin had never before threatened him, but that her behavior on this occasion caused him to fear for his safety. On July 18, 2011, he petitioned for a stalking protective order and obtained ex parte temporary protective order pending a hearing on his petition.

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