§10.23 Other Options

• Library: Family Law Deskbook (2025 Ed.)

iii. (§10.23) Other Options

Because of such extensive scrutiny from the appellate courts in considering stalking claims, the petitioner could consider less-burdensome approaches. If the respondent is deemed to be a “family or household member,” the petitioner could consider filing a petition on the basis of one form of abuse—“assault.” “Assault” is defined as “purposely or knowingly placing or attempting to place another in fear of physical harm.” Section 455.010(1)(b), RSMo Supp. 2021. “Unlike a finding of stalking, there is no requirement that the petitioner actually be in fear of physical harm to support a finding of assault under the Adult Abuse Act.” M.D.L. v. S.C.E., 391 S.W.3d 525, 530 (Mo. App. E.D. 2013). In this case, the trial court believed the petitioner, who testified that the respondent had “drugged her, drove erratically around her, and slashed her boyfriend’s tires while his car was parked in her driveway. She also testified to numerous past acts of violence that she was subjected to by [the respondent].” Id. at 531. Interestingly enough, the appellate court found “dispositive the absence of testimony from [the petitioner] or any other witness that [the respondent’s]...