The Utah Court of Appeals has reversed a district court judge’s ruling issuing a civil stalking injunction, finding it incorrectly relied on “subjective fears” of the plaintiff and his neighbor, rather than determining whether the defendant’s conduct would cause a “reasonable person” to suffer such fear under those circumstances.

Sergio Corona-Leyva petitioned for a civil stalking injunction against Jesus Hartman, who was dating Corona-Leyva’s estranged wife, according to the appellate court’s opinion filed April 7. According to Corona-Leyva, Hartman parked outside of his home for periods at a time and that he had no reason to be there.