X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Kathy Watts sought a stalking protective order against Christine Owen on the ground that Owen falsely reported hazardous conditions affecting minor children in Watts’ home to the Rabun County Sheriff’s Office and the Department of Family and Children’s Services, and had closely observed Watts and her family’s private lives for years. Following an evidentiary hearing, the trial court issued a stalking protective order enjoining Owen from electronically or otherwise surveilling, investigating, or interfering with Watts. On appeal, Owen contends that her report of child abuse was immune from civil or criminal liability, that the preponderance of the evidence did not establish the elements of stalking as required for the trial court to issue the protective order, and that the trial court erred in finding that her internet research constituted stalking. For the reasons that follow, we disagree and affirm.1 In order to obtain a stalking protective order, Watts was required to establish the elements of the offense of stalking by a preponderance of the evidence.2 “The grant or denial of a motion for protective order generally lies within the sound discretion of the trial court, and will not be reversed absent an abuse of that discretion.”3

Viewed in a light most favorable to the trial court’s findings,4 the evidence showed that Watts and Owen filed competing petitions to adopt Watts’ grandchild, M. F. L., who had previously been placed in Owen’s home as a foster child.5 Gerald Johnson, the chief investigator with the Rabun County Sheriff’s Office, testified that in April 2010 he received a complaint from Owen that alleged the deprivation, neglect, and possible abuse of two minor children living in Watts’ home. M. F. L. and her brother were living with Watts at that time. Johnson investigated and found nothing to substantiate Owen’s allegations. Owen later telephoned Johnson and indicated that the children’s mother, who was under “some type of safety plan” not to contact the children, “had gone out a window.” Johnson followed up on the conversation, determined that Watts was the guardian of her grandchildren, and decided that no further investigation was warranted.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›

The Forest Preserves of Cook CountyIs seeking applicants forDeputy Chief Attorney The Forest Preserves of Cook County is seeking a detail-o...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›