Despres v. Hampsey
Annotate this CaseDefendant Kevin Hampsey appealed a final stalking protective order issued against him. Plaintiff Jessie Despres and her three children resided in an apartment for which Defendant’s company was the property manager. She testified that Defendant frequently stopped by or walked into her apartment unexpectedly, and that he made sexual comments and advances toward her. She recounted a specific incident that occurred in March 2010, when she called Defendant because her basement had flooded. After checking the basement, the two went outside. Plaintiff testified that she was in her pajamas and felt uncomfortable, and that Defendant "made comments on how he wished he would have caught [her] in less clothes and then proceeded to kiss [her] in [her] right ear," slam his body into hers, and tell her he wanted to have sexual intercourse with her. She told the court that she felt threatened and intimidated by Defendant, and that her "kids [were] intimidated by the constant drive-by's, . . . which [were] . . . followed by either calls or him stopping in." On appeal, Defendant argued that the trial court erred in: (1) failing to make findings of two or more specific acts that constitute stalking; (2) making findings that are unsupported by the record; (3) failing to weigh the credibility of the witnesses; and (4) issuing a stalking order where "most of [plaintiff's] allegations were too vague and non-specific for [him] to respond to." Upon review, the Supreme Court was unpersuaded by Defendant's arguments on appeal, and affirmed the trial court's decision to issue the protective order against him.
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