The Utah Court of Appeals has reversed a district court judge’s ruling issuing a civil stalking injunction, finding it incorrectly relied on “subjective fears” of the plaintiff and his neighbor, rather than determining whether the defendant’s conduct would cause a “reasonable person” to suffer such fear under those circumstances.

Sergio Corona-Leyva petitioned for a civil stalking injunction against Jesus Hartman, who was dating Corona-Leyva’s estranged wife, according to the appellate court’s opinion filed April 7. According to Corona-Leyva, Hartman parked outside of his home for periods at a time and that he had no reason to be there.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]