This is an archived article that was published on sltrib.com in 2016, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
The Utah Court of Appeals has upheld the denial of a protective order request by the former wife of gun lobbyist Clark Aposhian.
In a 3-0 ruling released Friday, the court agreed that Natalie Meyer failed to show that she is a victim of abuse or domestic violence, which is required for a protective order under the Cohabitant Abuse Act.
The request stemmed from what Meyer alleged was a series of threatening actions with Aposhian that culminated in May 2013, when her ex-husband drove his large, military-style truck through the neighborhood, sounded its horn and backed into her driveway.
Meyer's current husband, who came home after Aposhian left, testified he called him and asked him not to back his truck into the driveway again. After the call ended, Aposhian called back and said that he would come to the house and "bury you, I'll end you," according to the husband.
After the incident, Meyer petitioned for a protective order and her husband asked for a civil stalking injunction.
Meyer testified at a hearing that she had suffered years of threats and abuse from Aposhian. Aposhian testified he was celebrating the Memorial Day weekend, still had friends in the neighborhood who enjoyed seeing his truck and that the Meyers' driveway was the only location to turn the truck around.
A stalking injunction was granted by 3rd District Judge Terry Christiansen in August 2013, ordering Aposhian to come no closer than 150 feet of his ex-wife's husband.
But in February 2014 the request for a protective order was denied by 3rd District Judge Andrew Stone.
Under Utah law, petitioners who want a protective order must prove they are a cohabitant who has been subjected to abuse or domestic violence or to whom there is a substantial likelihood of abuse or domestic violence. Stone ruled that Meyer's interactions with Aposhian had never escalated to physical violence in the past and there was no imminent threat of abuse or domestic violence by him.
Aposhian was charged in Holladay Justice Court with misdemeanors stemming from the incident. He resolved the case with a no contest plea to a disorderly conduct infraction.
Twitter: @PamelaMansonSLC