A.K. v. H.Y.

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2022-0484, A.K. v. H.Y., the court on May 31,
2023, issued the following order:

The court has reviewed the written arguments and the record submitted on
appeal and has determined to resolve the case by way of this order. See Sup. Ct. R.
20(2). The defendant, H.Y., appeals a civil stalking final order of protection, see RSA
633:3-a (Supp. 2022), entered against her by the Circuit Court (Christo, J.) for the
protection of the plaintiff, A.K. We read the defendant’s brief to argue that the
evidence was insufficient to support a finding that she stalked the plaintiff. We
affirm the trial court’s order.

The trial court found that the defendant purposely, knowingly, or recklessly
engaged in a “course of conduct” targeted at the plaintiff that would cause a
reasonable person to fear for his personal safety or the safety of a member of that
person’s immediate family, and that, in fact, she caused the plaintiff such fear. See
RSA 633:3-a, I(a), II(a). The order states that the court relied upon the following
facts to support its finding:

All reasons listed in plaintiff’s petition have caused plaintiff and his wife to
fear for their safety. Plaintiff’s credible testimony established this complete
stranger has become obsessed with him, sending cards, packages, interfering
with his employment, and threatening him and his wife.

It is the burden of the appealing party, here the defendant, to provide this
court with a record sufficient to decide her issues on appeal. See Bean v. Red Oak
Prop. Mgmt., 151 N.H. 248, 250 (2004); Sup. Ct. R. 13; see also In the Matter of
Birmingham & Birmingham, 154 N.H. 51, 56 (2006) (self-represented litigants are
bound by the same procedural rules that govern parties represented by counsel).

In this case, the defendant has failed to provide this court with a transcript of
the hearing. Absent a transcript, we must assume that the evidence was
sufficient to support the trial court’s decision. See Atwood v. Owens, 142 N.H. 396,
396 (1997).

Affirmed.

MACDONALD, C.J., and HICKS, BASSETT, HANTZ MARCONI, and
DONOVAN, JJ., concurred.

Timothy A. Gudas,
Clerk