Baird v. Baird

Robert Baird sought a civil stalking injunction against his mother, Gloria Baird, because Gloria contacted him almost every day. The district court granted a three-year injunction, determining that Gloria’s nearly daily phone calls to Robert were causing Robert emotional distress. Gloria appealed, arguing that the district court misinterpreted Utah’s Stalking Statute because it entered the injunction based on its finding that Gloria’s conduct was causing Robert emotional distress without finding that her conduct would have caused emotional distress to a reasonable person in Robert’s circumstances. The Supreme Court vacated the stalking injunction, holding (1) the Stalking Statute required the district court to determine whether Gloria’s conduct would cause a reasonable person in Robert’s circumstances emotional distress; and (2) the statutory definition of emotional distress means mental or psychological suffering, and there is no requirement that the emotional distress arise from outrageous and intolerable conduct by the respondent. View "Baird v. Baird" on Justia Law