Russell Thomas Boyd v. Christina Michelle Palmore
425 S.W.3d 425
| Tex. App. | 2011Background
- Palmore and Boyd had a child, Tessa; December 2009 visitation order was established after their relationship ended.
- February 2010 Palmore amended and sought a protective order; a temporary ex parte protective order was issued a week later.
- At the hearing, Palmore testified she feared Boyd due to increasing threats, verbal abuse, stalking-like conduct, and several incidents.
- Palmore testified to the October 2009 incident where Boyd followed her to her mother’s office, blocked her exit, and jumped on the car hood; she reported fear for her life to police.
- Palmore testified Boyd hired a private investigator to follow her and circulated messages implying surveillance and hidden cameras at her home.
- Boyd admitted some conduct (mental-health treatment, private investigator) and presented witnesses supporting a non-violent character; the trial court granted the protective order, and Boyd appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Past act sufficient to establish family violence | Palmore’s October 2009 incident shows past family violence by Boyd | October 2009 act was not an act of family violence or intended harm | Yes; the October 2009 act constitutes past family violence under the statute |
| Likelihood of future family violence | Past harassment and the October 2009 act support likely future violence | No demonstrated pattern or imminent threat justifying future violence | Yes; sufficient evidence supports likelihood of future family violence |
Key Cases Cited
- In re Doe, 19 S.W.3d 249 (Tex. 2000) (standard for reviewing evidence in protective orders; permissive view of evidence)
- Vongontard v. Tippit, 137 S.W.3d 109 (Tex.App.-Houston [1st Dist.] 2004) (legal sufficiency review in family-violence context)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (reaffirms standards for legal sufficiency and appellate review)
- City of Houston v. Hildebrandt, 265 S.W.3d 22 (Tex.App.-Houston [1st Dist.] 2008) (legal sufficiency standard; favorable view of evidence supporting finding)
- Clements v. Haskovec, 251 S.W.3d 79 (Tex.App.-Corpus Christi 2008) (acts short of actual violence can constitute family violence under certain circumstances)