BATON ROUGE — West Baton Rouge Sheriff’s Deputy Donald Dawsey was arrested and put on administrative leave in April after his ex-wife Kim Dawsey accused him of stalking. The two, now deep into a contentious custody battle, were in court yesterday for Kim to get a protective order.

Donald had been recording video outside his ex-wife's business from a camera placed in the woods. Kim reported the video to the East Baton Rouge Sheriff's Office when she found the camera. Donald was arrested for stalking by EBRSO in April.

Later, she also found a camera mount in between two sheds on the Denham Springs property they once lived on together. That was reported to the Livingston Sheriff's Office.

Judge Kyle Russ denied the order, saying although he disagrees with Donalds' actions, he did not break the law, raising some interesting legal questions.

"It's very, very fact sensitive and it's also dependent on my motive," said LSU law professor Ken Levy.

Levy says it is perfectly legal to film someone from private property.

"For example, I can stand on my property and look around my neighborhood with binoculars. I can stare at one house with binoculars. I can use my camera. But if my neighbor sees this and is bothered by it and asks me to stop and I continue doing it, then it might not be allowed," Levy said.

According to Donald, he installed the camera to prove that his ex-wife did not need the spousal support Kim petitioned him for.

"When it comes to the stalking law it all depends on is this a pattern, and would it cause a reasonable person alarm, distress or fear?" Levy added.

Although Kim testified that she was scared for her safety, Russ ruled Donald's' actions did not meet those requirements.

Dawsey was placed on administrative leave, but is now back at work. The West Baton Rouge Sheriff's Office says there is still an internal affairs investigation pending.