Emmett Reid Ramsey 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 Ramsey and the petitioner, Ginger Leeanne Middleton, had a personal relationship over fifteen years ago. At the time of the incident giving rise to the filing of the petition, Ramsey had a contract with the local school system to paint the school and for that reason was frequently on school property. Middleton’s children attended one of the schools, and after she was a character witness against Ramsey in unrelated litigation, Middleton began making complaints against him when she would see him in the same areas of the school where she would be picking up her children. Middleton also requested that the school resource officer inform Ramsey to stay away from her and her children because she was afraid of him due to their past history and her testimony against him. Middleton also testified that she and her husband began documenting and photographing Ramsey’s appearances “every single time he came into the school zone.” Middleton also alluded to “incidents” involving Ramsey since she had been a witness against him, but did not give any explanation or present other evidence concerning what occurred during these “incidents”.1 Further, Middleton testified that Ramsey did not speak to her or her children, threaten her, text her, or otherwise communicate verbally or in writing during any of the times she had seen him on school property.
Middleton further testified that at the time of the incident giving rise to the filing of the petition, she and her husband were parked in the back parking lot of the middle school near the ball fields. The parking lot is a U-shaped, one-way parking lot, and it appears that the Middletons were parked at the apex of the parking lot. Ramsey drove into the parking lot, and according to Middleton, stopped, turned his wheels hard to the right and then came directly at them “knowing that my husband was taking pictures at that time.” Middleton also testified that there were children and parents in the parking lot and Ramsey was driving without regard for their safety.
