Yenny Walker v. Janek Pawlik

Citation: Not availableDocket: M2013-00861-COA-R3-CV

Court: Court of Appeals of Tennessee; October 23, 2013; Tennessee; State Appellate Court

Original Court Document: View Document

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Yenny Walker filed a petition for an order of protection against Janek Pawlik, alleging stalking behavior after they ended their relationship. The General Sessions Court granted the order on January 17, 2013. Pawlik appealed to the Circuit Court, which upheld the order following a hearing where both parties testified. Walker described several incidents that contributed to her fear, including Pawlik's aggressive behavior upon her return from a trip, an uncomfortable email he sent her, and an uninvited visit to her home where he attempted to gain entry. The Circuit Court found sufficient evidence to support the stalking claim and ordered that Walker be awarded reasonable attorney's fees and costs for the appeal. The appellate court affirmed the Circuit Court's judgment and remanded the case for the determination of attorney's fees.

Pawlik engaged in persistent communication with Walker following an incident on August 18, 2012, including texts and emails where he expressed instability and sent flowers with notes that acknowledged prior boundaries. Despite Walker's clear requests for him to stop contacting her, such as an email on September 8, 2012, Pawlik continued to reach out and even showed up at her home on September 14, 2012, attempting to enter without her consent, prompting Walker to call the police. Walker expressed fear for her safety due to Pawlik's actions and subsequently filed for an order of protection on September 18, 2012. 

During the trial, Walker was questioned about her own communications with Pawlik after her initial request for him to cease contact, though she did not recall the specifics of her messages. Pawlik contested Walker's account, denying any aggressive behavior and suggesting that any references to stalking were misinterpreted jokes. The trial court found sufficient evidence to classify Pawlik's behavior as stalking under the relevant statute and granted Walker's petition. Pawlik appealed, challenging the trial court's findings, while Walker sought attorney's fees for the appeal. The appellate review is de novo concerning legal conclusions but maintains a presumption of correctness regarding factual findings unless proven otherwise. The trial court's assessment of witness credibility is given considerable deference.

In Estate of Walton v. Young, the Tennessee Supreme Court established that trial courts' assessments of witness credibility are generally upheld on appeal unless there is clear and convincing evidence to the contrary. The case examines whether evidence supports the trial court's finding that Pawlik stalked Walker, justifying an order of protection under Tennessee law. A petitioner must demonstrate, by a preponderance of the evidence, claims of domestic abuse, stalking, or sexual assault. Stalking is characterized as a willful pattern of conduct involving repeated harassment that instills fear in the victim, as defined in the relevant statutes.

Key definitions include "course of conduct," which entails two or more acts demonstrating continuity, and "harassment," which involves unconsented contact causing emotional distress. Unconsented contact encompasses various forms of communication and presence that disregard the victim's wishes. Pawlik's appeal centers on Walker's post-communication behavior, which he argues contradicts the stalking definition. Although Walker had further communications with Pawlik after an incident where she asked him to leave her alone, the content of these communications is not fully available for review. The trial court found Walker’s testimony credible despite discrepancies in the accounts provided by both parties.

The Trial Court’s credibility determination regarding allegations of stalking by Pawlik is upheld. Evidence supporting the stalking claim includes Pawlik's repeated appearances at Walker's home, emails, flowers with a note, and an attempt to enter her home on September 14, 2012. The court clarifies that Walker's continued communication with Pawlik does not imply she rescinded her demand for him to cease contact, emphasizing that responding to messages does not negate stalking behavior. The evidence substantiates the Trial Court's finding of stalking, leading to an affirmation of its decision.

Walker’s request for attorney's fees and costs related to her appeal is addressed under Tenn. Code Ann. § 36-3-617(a)(1), which exempts victims of domestic abuse, stalking, or sexual assault from bearing litigation costs associated with protective orders. Since the Trial Court issued an order of protection based on its stalking finding, Walker is entitled to reasonable attorney’s fees and costs for this appeal. The judgment is affirmed, and the case is remanded to the Trial Court for a hearing to determine the amount of fees and costs owed to Walker. Costs of the appeal are assessed against the Appellant, Janek Pawlik, and his surety.