Missouri v. Moran

Alta Moran (defendant) went to prison for three years on a felony conviction. Missouri placed Moran’s children, M.R.E. and D.D.D., in the custody of Ed and Toni Anderson. After Moran got out of jail, the Andersons feared contact by Moran and sought and received ex parte child-protection orders against Moran that prohibited her from contacting, threatening, abusing, or stalking her children, among other things. Moran received personal service of the orders. The following month, Moran happened to be sitting in a parked car on a street as her son, M.R.E., rode past on his bicycle. Moran yelled out to M.R.E. that she would get him back. Moran’s tone was threatening, and M.R.E. returned home visibly upset. M.R.E. isolated himself; did not play outside; stopped eating, causing him to lose weight; cried more often; and was aggressive when asked about his behavior. Moran continued to approach both children in a menacing manner, saying that she would get them back. Moran was arrested on six counts of violating the child-protection orders, assault, and disturbing the peace. One count alleged that M.R.E. was emotionally abused when Moran yelled that she would get him back. At Moran’s trial, both children testified. M.R.E. testified that Moran’s threat upset him because he did not want to live with Moran. D.D.D. testified that, before trial, Moran had threatened to kill her if she gave testimony. After the evidence was presented, Moran moved for acquittal on the count alleging abuse of M.R.E. Moran admitted that she yelled that she would get M.R.E. back, but she asserted that this conduct was not sufficient to constitute emotional abuse, which was not defined in Missouri law. The trial court denied Moran’s motion for acquittal, and a jury found Moran guilty on all counts. Moran appealed and conceded that an order was entered, that she had received notice of the order, and that she made the statement alleged. However, Moran asserted that her conduct did qualify as abuse.