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Thornton v. Hemphill

Evidence that the defendant contacted the plaintiff via abusive emails numerous times, placed her under surveillance on several occasions without her consent, and ventured onto the property where plaintiff worked after she told him he was no longer welcome there supported the entry of a stalking protective order against him.

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Following an evidentiary hearing, the trial court granted Winifred Hemphill a stalking 12-month protective order,1 which prohibited Johnny D. Thornton from harassing, contacting, or coming near Hemphill and her family. On appeal, Thornton contends that the evidence was insufficient to support the protective order and that the trial court erred in limiting his testimony and excluding the deposition testimony of his witnesses. Thornton further contends Hemphill’s need for the protective order was rendered moot based on the fact that he had not contacted her during the 14 months that passed between her obtaining a stalking ex parte protective order and the hearing. For the reasons set forth below, we affirm. “The grant or denial of a motion for protective order generally lies within the sound discretion of the court.” Punctuation omitted. Anderson v. Mergenhagen .2 The standard for obtaining a stalking protective order is proof by preponderance of the evidence. OCGA § § 16-5-94 e; 19-13-3 c. In reviewing the sufficiency of the evidence supporting a stalking protective order, “we do not weigh the evidence or assess witness credibility, and we construe the evidence in favor of the findings of the trier of fact.” Punctuation omitted. De Louis v. Sheppard .3

In this matter, the record shows that Hemphill and Thornton had known each other since 1982 and had allegedly dated for several months at that time. In late 2006, after having no contact with each other for over 20 years, Thornton contacted Hemphill, and they renewed their friendship. In addition to renewing their friendship, Thornton also did some work with a contractor, whom Hemphill had hired to clear some trees from the grounds of the local cemetery, where she was employed.

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