Patricia Reynolds appeals from a permanent stalking restraining order entered against her by the Superior Court of DeKalb County; she claims that the court improperly converted an ex parte temporary restraining order entered several days earlier in this case into a permanent one without any motion having been made for such relief and without giving her an opportunity to prepare defenses directed toward such relief. We find Reynolds’ contentions to be without merit and affirm. Pursuant to OCGA § 16-5-94, Richard and June Kresge filed a “Petition for Stalking Temporary Protective Order” “Petition” against Reynolds, who lived in the Kresges’ neighborhood on a different street, alleging that she “made multiple harassing calls and personally appearing at our property threating sic various legal problems she was about to cause to happen to us.” The Petition requested that Reynolds be served a copy of the Temporary Protective Order as required by law. The Petition also requested that the superior court, issue a restraining order to order Respondent to stop harassing and intimidating Petitioner; order Respondent not have any direct or indirect contact with the petition; and to order Respondent be enjoined from approaching within 10 yards of Petitioner. On October 14, 2003, the superior court issued a “Stalking Ex Parte Temporary Protective Order” and set an October 22, 2003 hearing date “to show why the demands of the Petitioner should not be granted.” On October 21, 2003, Reynolds’ attorney filed an entry of appearance form, an answer, and a motion for continuance. No conflict letter was filed.
Reynolds appeared at the hearing, but her attorney did not. The hearing was held, and thereafter, the superior court entered an order permanently restraining Reynolds from engaging in the enumerated acts of stalking against the Kresges and enjoining her from approaching within 100 yards of the Kresges and/or their residence. The hearing was not transcribed nor was any attempt made to create a transcript per OCGA § 5-6-41. Reynolds filed a motion for new trial which resulted in a modification of the restraining order so that Reynolds was prohibited from approaching within 75 feet of the Kresges’ residence, as opposed to 100 yards; otherwise, the court denied the motion for new trial. Held :
