Tyshequa Boykins on Behalf of Kylin Boykins v. Stevie Holloway

Summary

The Louisiana Second Circuit Court of Appeal reviewed a protective order issued in favor of Kylin Boykins against Stevie Holloway. The court affirmed the protective order, reversed the firearm prohibition because Holloway was not a qualifying family, household, or dating-partner relationship, and remanded to reduce the order's duration to the maximum period permitted by statute. The appeal was consolidated with related protective-order appeals.

Holdings

1. The trial court correctly issued a protective order in favor of Kylin Boykins against Stevie Holloway.
2. The firearm-possession prohibition was improper because Stevie Holloway was not a family member, household member, or dating partner of Kylin Boykins.
3. The trial court erred by granting the protective order for two years; the fixed duration had to be reduced to the maximum period allowed by La. R.S. 46:2136(F).

Questions Presented

1. Whether the trial court applied the correct definition of stalking under La. R.S. 14:40.2.
2. Whether Stevie Holloway represented a credible threat to the physical safety of a person eligible for the protective-order relief.
3. Whether the trial court could prohibit Stevie Holloway from possessing a firearm under La. R.S. 46:2136.3.
4. Whether the trial court could impose a two-year duration for the protective order under La. R.S. 46:2136(F).

Disposition

reversed_and_remanded