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Quinby v. Rausch

Sufficient evidence existed that the petitioner's ex-wife committed the predicate act of stalking, which supported the entry of a protective order against her pursuant to OCGA § 19-13-1.

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Christian J. Rausch filed a petition for a family violence protective order against his ex-wife, Susan T. Quinby, which the trial court granted.1 On appeal, Quinby argues that the trial court’s order should be reversed because there was no evidence that she committed any of the underlying predicate acts required to authorize the entry of a protective order against her. We disagree and affirm. “The grant or denial of a motion for protective order generally lies within the sound discretion of the trial court. Accordingly, we will not reverse absent an abuse of that discretion.2 At the hearing on the petition in the instant case, Rausch testified that Quinby visited his place of employment to harass him and left only after he threatened to call the police; that Quinby told him that she could cause problems for him at work because she knew his boss; that she sent him several text messages threatening to have him incarcerated; and that Quinby had him followed during the summer of 2008. Rausch testified that he approached the person who was following him then filed a police report that same day to report the incident. The court admitted evidence showing that Rausch had reported appellant’s conduct to the police and listened to several cell phone voice mail messages that Quinby left on Rausch’s phone.3

On cross-examination, Rausch admitted that Quinby had not committed any act of violence against him or their child. Additionally, Rausch testified that he did not fear that she would hit him but stated that she threatened to hit him. Rausch testified as follows: “I get your behind. That’s a threat in my opinion. I don’t know how she gets me because she obviously had stalked me with people. I don’t know what those people are going to do. I have no idea. I don’t want to speculate on it.”

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