Case Information
*0 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 12/17/2015 10:17:26 AM LISA MATZ Clerk
*1 ACCEPTED 05-15-01533-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 05-15-01533-CV 12/17/2015 10:17:26 AM LISA MATZ CLERK No. 05-15-________________-CV In the Fifth Judicial District Court of Appeals at Dallas, Texas I N R E B RYAN R OWES Relator Original Proceeding Arising Out of th the 256 District Court of Dallas County, Texas No. DF-09-18237 (Hon. David Lopez) Combined Appendix & Record
In support of this Petition, Relator submits this combined Appendix and Record, in compliance with Rule 52.3(j) of the Texas Rules of Appellate Procedure: Tab A: Affidavit of Paula Bennett Tab 1: Proof of Confinement (December 14, 2015) Tab 2: Order in Suit Affecting the Parent Child Relationship (March 6,
2012) Tab 3: Transcript of Protective Order Hearing without Exhibits (April 11, *2 2014) Tab 4: Protective Order (April 17, 2014) Tab 5: Ex Parte Motion to Modify and Motion to Enforce (April 21, 2015) Tab 6: Associate Judge’s Report (May 28, 2015) Tab 7: Mary Tillotson’s Motion for Enforcement of Protective Order
(October 23, 2015) Tab 8: Order to Appear (October 23, 2015) Tab 9: Special Exceptions, Motion to Strike, Motion to Dismiss for Lack of
Standing, and Original Answer to Mary Tillotson’s Motion for Enforcement of Protective Order Subject to Special Exceptions, Motion to Strike, and Motion to Dismiss for Lack of Standing (November 30, 2015)
Tab 10: Order Holding Bryan Rowes in Contempt for Violation of April 11, 2014 Protective Order, and for Commitment to County Jail (December 10, 2015)
Tab 11: Amended Order Holding Bryan Rowes in Contempt for Violation of April 17, 2014 Protective Order, and for Commitment to County Jail (December 10, 2015)
Tab 12: Attachment and Commitment in Contempt (December 10, 2015) Tab 13: Contempt Hearing Transcript with Exhibits (December 10, 2015)
STATE OF TEXAS
*3
§ §
COUNTY OF DALLAS
BEFORE ME, the undersigned notary, on this day appeared in person PAULA A. BENNETT, who is known to me to be the person whose signature is subscribed below and who stated under oath as follows:
"I am PAULA A. BENNETT, one of the counsel representing Relator in Cause No. DF-09-18237, In the Interest ofA.M.R. andA.M.R., Minor Children, in the 256"' District Court of Dallas County, Texas. I have reviewed the items
in the Appendix Supporting Petition for Writ ofHabeas Corpus and Record and
verify based on my personal knowledge that all of the items are true and correct copies of the documents filed in the above lawsuit.
"Further affiant sayeth not." ycujJk 0(u^Mui/ paula a. Bennett
SUBSCRIBED AND SWORN TO before me, the undersigned notary on the\fcAfday of December, 2015.
i$S MARGARET JOAN SCOIT
gSPX^pi Notary Public. State otTexas
My Commission Expires 0 ^ July 18, 2017 Id? lblic in and for of Texas
*4 Lupe Valdez, Sheriff FRANK CROWLEY COURTS BUILDING 133 N. RIVERFRONT BLVD., LB-31 DALLAS, TEXAS 75207 14-Dec-15 You have requested that this department provide you with documentation concerning the time you spent in the Dallas County Jail. The records of the Dallas County Sheriffs Department reflect that ROWES, BRYAN WILUAM
77 ??J a W/M with the date of birth of 12/ 10/20 15 and released from j ail on STI LL IN CUSTODY Booked into jail on
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I Booked into jail on N/A and released from jail on N/A
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I Booked into jail on N/A and released from jail on N/A
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I Booked into jail on N/A and released from jail on N/A
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I Booked into jail on N/A and released from jail on N/A
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I and released from jail on Booked Into jail on N/A N/A
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I N/A and released from jail on N/A Booked into jail on
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I and released from jail on N/A Booked into jail on N/A
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I NIA and released from jail on N/A Booked into jail on
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I Booked into jail on N/A and released from jail on NIA CONFIRMED BY: RECORDS UNIT *5 QUILL ING SELANDER P. 3/38 NO. 06 76 MAR. 7. 2012 3:44PM P. 3/38
QUILLING SE LANDER NO, 0576 FES. 22.20 12 4:48PM NO. 09-18231 IN THE DISTRICT COURT §
IN THE
INTEREST OF § § § 2S6TH JUDIClAL DIS'l'RrCT
AND
§ § § DALLAS COUNTY, TEXAS
MINOR CHILDREN
QR.DER IN SUIT AF'FECTJNG THE PARElVT-CIJJLD RELATIONSHIP /i1Ae!C.;f G, Z.~/"l On , ,2012,theCourtheard thiscEJse . .Petitioner, BF.. Y AN RO WBS, appeared in person and through attor.ucy of record, RYAN
KIRKHAM) a11d armounc.cd ready for triru and announced that th.~ partles have ngreed to t111'l tetms of' 1ltis jttdgm~>llt to the extent permitted by !aw, as evid~.ne~d by their signawr~s.
Respondent, 1\!!A.R. Y TILLOTSON, haB agreed to the t~tro~ of this judgment to the exte11t j pbl"lll itted by law, ns evideoceti by their .signatures, ! The Court, after examining the recbrd and the c-videuce and argument of counsel, find.s that it has jurisdiction <rftbis case and of all the pmies and that no other comt has continUing, exclusive jurisdiction of this case. All persons entitled to citation were properly cited.
A jlll}' was waived, 4ncl e.ll qu.ostioliS of fact a.<J.d of law were ~ubmitted to the CotL?t. Record The record ofte&timouy was duty reported by the court reporter for the 256tl1 Judici!!l :District Cou .. tt. l'rt.ge 1 Order in Selil Afjec:.tln;: tile PaTent Cliif4 Ir.efation:rMp
02 /22/201 2 \'/ ED 1S.49 fT XIRX NO S16 7 ) (€J00 3 03/07/2012 VI ED 15 : 44 [TX/RX NO 988"(} ~0 0 3.
NO. 06 76 P. 4/38
*6 MA R. 7. 201 2 3:44PM QU[ Lll G SELAND ER NQ 0576 P. 4/ 38
FEB. 22.2012 4: 48PM
QUILLING SELANDER Chilllrtn TI1e Court finds that the following childten are the subject of this suit: Na."lle: Sex: Female Birth date: - - Home state: T~as Social Security amnb~r: - Dr1ver,s license number and issuing smte: N/A Nroue: Sex:: Female Birth date; - Home state: Texas
r Social S eQurity nu:mber: Drivers license n\lm:bet and issuing state: N/ A fgrerttf.Jtf{ PJ({fl
I
Th& Coutt :Unds that the provisions in t.~!ie ordets relating to the .rights and duties of the f parties with rela.tion to t'fJ.e children, possession of and access to th~ childret1, child support, ruid optimizing the dt;'Velopr:n.ent of a close and continuing relationship betWeen ea.ch patty and the children coustito.te the parties' agm.3d parenting plan. Qw.,~$f~aJl;(Ofk9ft,ig
The Court find& thtlt the following orders ~e in the b~~t interest of the children. IT IS ORDERED that BR ?AN R.OWES and MARY TILLOTSON are appointed Joint
Managing Conservators' of the followmg children: and - Order in Sufi Alfaellirg rhe Prmmt ChiM Relarlon.~hlp
02/ 22/2012 WEO 16': 48 (1~/Tll( HO 9767] !aJ004 03/ 0 7/2012 YI ED 15 : 44 [ TX / RX HO 9967] ~004 *7 MAR. 7. 2012 3:44PM QUil LI NG SELAND ER NO. 0676 P. 5/38 HB.22.20 12 4:48PM QUI LLING SELANDER P. 5/ 38 NO. 0576 ., IT IS ORDERED that, at all tim.es, MARY TILLOTSON, as a parent joint managing conservator, shaH havo the folkYwing rights: the right to receive information from any other consmra1or of the children 1 . concerning tho .h~alth, education. <md welf-are of the children; 2. the right to confer with the othe)' parent to fue extent p ossible before making a, d~isioo.c:onceming the health, ed:uogtiou, nnd welfare of the ch:Udreni the right of access to medical, d~ntcl, psychoJogioal, and educational records of 4. the children; the right to cotwult with a physician, dentist) ot: l'gyohologist of the cmldren; 51 6, the right to consult with school officials concerning the chlldren's welfare M d
educational status, i'Jtdluding school aetivities; 7. the right to attend sGhool aetivities; &.. the right to b$ designated on the children's records as a person to be notified in
case of an emergency; 9. the right to consent to medical~ dental, and surgical treatment during an emergency involving an rmmediate danger to th.c health and safety of tl1e childten; and the ri.ght to :manage the estates of the ohildren to tb.e extent the estates ha.v s been 10. creamd by the parent or the parent's f~ily. lT IS ORDERED thm, at aU times, BRYAN ROWES, as. a p.atentjDint manfl:ging conservator, shall ha~e the follo'9Vitlg rights; 1. the right to reecive information B:om any other conservator of the children
concernjDg the health, education, v.nd welfare oftb:e childl"en; l I I
2. the rlghi to confer vlith. the other par.ent to the ext~nt possible before m.4k:h~g- a deoision concerning the health. education, and welftme of the children: the right of access to mediae!, dcnta1, psychologic21l, and educational records of 3. the child.J.'¢11~ Order inSult Affectillg tl1e Pa,ent Child Relationship
02/22/Z012 WED 16 : 48 [TX/Jt>r t!O 976 7 ] @005 03 / 0 7/20 '12 WED 15 . 44 [TX ?RX NO 9867 ] @ 00 5 *8 MAR. 7. 20 12 3:44PM QU[ LLING SELANDER P. 6/38 N0.0676 QU ILLING SfLANDER P. 6/JB FEB. 22. 2012 4: 49PM NO. 05 76 4. the right to cOlW\llt with a phyllicia.n, dentist, or ptychologist of the childr13n; th.e right to consult vvith school officials concet"lling the cluldre-n.'s welfare and S.
educational matu.s, inch1oing school activitiosj the right to attend school activities; 6. the right to be designuted on the ehildren's records as a person to be notified i."l 7.
case of an emergency; the right to c-onsent to medical~ derltal, and surgicru tr·eatrwmt during an S, emergency involving an fmm.ediate danger to the health and sat~y ~ the children; and 9. the right to mnn.Bge the estates of the children. to 'the extent the estates hav~ been created by the pmcnt or the pat"e~t's family. il' TS ORDERED that, at all tirues, BRYAN ROWBS and lll.lARY TILLOTSON, as pa..l'Ollt joint managing co1tservators, shall each have the folloWing .duties: 1. tM du'Y to infonn the other conservmor of the- children in a tin1ely mrom€:1' of .significMt infonnation concerning the health, education, and wa!fare of the chilch·en; ~d
the du±y to inform the other oonsenrator of 1h¢ children u the consewator resides 2. \vith for at least thirty days, marri~s , or intends to many a person 'Who the conservator knows is registered as a sex offender under chapter 62 of the Code of Crilniual Proc~dure or is C1urrently charg~d with an offense fat "1\':h.ich on oon.viction. the person would be required to register 1.mder that chapte-r. IT IS ORDBRJID that this information shalt be tendered in the form of a n-otice made as s0on. as practicable, but not later than the folitieth day after tb~ date tho conservator of the chil<Jren. begjns to t'eside with the person Qr on tho tenth da..y af1.er the d~te. the man! age
1 oc~ll!SJ as approprlate. IT IS ORDERED that the notl~e tr\Ust it).clude a. description ofthe offense tlwt is the basis of the person's requireroen1 to re~r as a se:s off~der or ofth~ offense v-.rith wllich the person is charged, WA~NlNG: A CONSERVATOR COMM1TS AN OF~ENS£ PUNIS.HABLE AS A CLASS C MISDEMEANOR IF THE CONSER.V ATOR FAILS TO PlZOVIDE TiiiS NOTICE. . Orr/~ in Su'i14.f/r!Ctinc til e Parent Ch ild Relrrilon~hp Page if
02/22/2012 'liED 16 :4 8 (TX/RX NO' 97 B7J ~OOG 03/07/2012 \YE O 15 : 44 [TX /RX NO 98 67 ) ~OOB *9 MAR. 7. 20l2 3: 44PM QUILLING SELANDER N0.0676 P. 7/38 FEB. 22. 2012 4:49PM QUilLING SELANDER P. 7/38 NO. 0576 IT lS ORDERE.b th.~t, during h.et periods of possession, MARY TILLOTSON~ as pnreut joint managing conservator, shaH have the follo\Ving rights and duties: 1, the duty of care, conrroJ, protection, a..nd reasonnble discipline of the chllcb:en; 2. the duty to support the children, including providing the children with clothing,
fooo, shelt-er, and medical and dental care not involving an in"iasive procedUTe; the rlgllt to consent fol' the children to medi-cal and dental care not hwolviug an 3. invasive procedure; tmd 4. the right to direct the mora! and religious ttaining of the children. IT IS ORDERED tMt, during his periods ofpossessioll, BRYAN ROWES, as parent joint
n1an.aging conservator, shl'lll have the following rights and duties: the duty of cf.tre, control, protectlon [1] and l'easonable discipline of the children; 1. 2. the duty 10 support the children, including pr.oviding the child..I"Sn with clothing,
food, shelter, and medicru and dental care not 1nvolving an inv<asiv~ procedure; 3. the right to consent fur the children to medical ~nd dental care not involving an in.vaaive procedute; and 4. the right to difect the moral and religlo'UB tTaining ofthe chiid.ron. IT lS ORDERED tlu~t MARY TILLOTSON, as a parent joifit fnanaglng conservator. shall
have the following rights and duty: the exclusive right to designate the prhuwy residence of the children within Dallas 1. 1
Counties;
the exclusive right 1o selecl the school the minor vhiidren wm atte.t-'ld .
2. . 3. the right, (after conSttltatio:c. with the oilier }Jaient consef.\lator and consultation
with the parenting facilitator prio.r to consenti.ng) to consent to medical, dental} aud surgical treatment involving invasive px.ocedw:es;
4, the tight, (after consultation with the other parent conservator), to consent to outpatient psychiatric and psychological evaluation of the children. j Order in. Suit Afle.ctln!J tiro Par-ent Cftilil Relattoru/lfp J'oge $ I 02/22/2012 YI EO 16:48 [TX/RX HD 97 67 ] @007 03/07/2012 WE D 15.44 [ TX/R X NO S967] ~ 007 *10 MAR. 7. 2012 3:44PM QUI LL ING SELANDER N0. 0676 P. 8/38
J
. QUllllNG SELANDER FEB. 22.2012 4:49PM p, 8/3S .I NO. 05 76 ·j . ,
'i
thl:l right [1] (after consultatibn with the other parent conservator), to e~nsent to
S. outpatient psychiatric a.n.d psy~holc.gicat treatment of the. childr~n; the right. subject to the agreement of the othe't' parent conservator, to consent to 6. inpatient psyoillatric &'l.d psycholo~ica! treatment of the children. the right, subject to the agreement or the otb~r patent conservator, to represent the
7, ~;ohildren in legal acti0)1 and to make other decisions of sub!lt.anti~ legal significance concerning the children; the right, subject to the agreement of the other parent conservator, to consent to
8. marriage a.11d to ~nlistmetit 1n the armed forces of the United States. 9. the right, (after consulwtion with the other ~X~l"LServator and conSI.tltation with tJ:rb par~nt faci1itatox), to make decision conceming the children's education. 10. except as ptov.lded by section 264.(H ll of the Texas Famil:Y Code, the right,
3\tbjcct to the agreemcttt of the other parent conset"'atOr, to the services and earning of the children.
I t except when a gutirdian of the children's es.tates {}r a guardian or attotlley ad litem 1 L ha9 been appointed for the children, th~ right, subject to the agreement of the other parent conservat-orl to net as an agent oftha ohildren In relation to the cbildt-en's estates if the children's action is req·uired by a atate, the United States. or a foTeign
f govenunent. the duty, subjej;lt to the agreement of the other parent conservator, to manage th.e 12. e.States ofthe chlldrc:::n to the e-xtent the el3tates have been oreated by comm1.w.ity ptoperty or the Jeint ptoperty ofth<:: parems. t11e exclusive 1ight to rec~ive flfld give receipt f.or periodic payrnenes for tlle
13. support ~>fthe children .md to hold 0t disburse these funds fur the benefit of the children;
IT rs ORDEREP that BRY Al'I ROWES, OS' a parentjoili.t managing CD:nservator, shall have the following right-s a.nd duty: 1. *e rjght to co!'lsu.ltation from the other conservator, and an opportunity to consult with the parent facilitator, prior to that conservator consenting to medical, dentalt and surgical treatment involving jnvasive procedures, the tight to consultation with the other pa:rent conservator, prior to that
2. co11servator's consent to O\ltpa.tiell1 psychiatric and psychological evuluation of the Order iu Suit AffecliiAJ! tfle Pa.re.ttt Cfllld Relationship 03/07/20 12 WED 15 44 [ TX /RX NO 9867) i4J008 *11 QUI LLING SE LANDER NO. 06 76 MAR. 7. 2012 3:44 PM P. 9/38 FEB. n 2012 4:49PM P. 9/38 NO. 0576 OUfLLING SElANDER ehildtefi. the right to a. COtlSultation with the other PEitent cons;;xrvator, prior to that
3, conse:rv'l1tor's coil.Sl;nt to outpatient psychiatrlc and psychologf.ce.l treatment of the ch1ldren.
4. the tight, subject to the agreement of the other parent conservato1·, to consent to inpatient psychiatric and psychological treatment of the child.ren. the right, subject to the agtoeement of the other parent conservator, to represent the 5. chUdrel) i~ legal action and to mflke other decisions of substantial legal slgnificance concerning the children. the right, s\Jbj$ot to the agreement of the other parent conservator~ to conse-nt to
6. tnarriage and to enlistment i.tl. the arml':d forces ofths Uolted States. 1. the right to consultation from the other conservator, aad consultation with the patent facilitator pdor to the other cor.tServato: makint: a decisi'On concerning the children's education with t.ile exception of the other conservatOI'S tight to select tlre school the childr~n attend.
8, except a.c; _p:wvided by section 264.0111 of the Texas Family Cocle, the right, suhj eot to the a-&reemeJ.lt of the other paxertt cOllSe!'V>atotl to th~ 'S~l·vices and earnings ofthe 13hildren.
9. e~cept when a guardian of the children ~s estates or a guardian or attorney ad litem has been appoi11ted foTthe children, the right, subject to the agreement of t.~e other parent conservator, to act as 1lll age:nt of the childrtn in relation to the ohildren
l estates if1he children's action is required by a state, the United States, or a foteign
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1
government. J D. the dLtty, subject to the agreement of the other paretlt conservator to man-age the estmes of the children to the extent the estates have be~>n cr~ted b:y community property or th.e joint properly of the parents.
The Court orders that, as long as tb.e nonprimary parent resides m Dallas CoWl'ty or a I 'i contiguous cO't.Ulty, the residence of the chi!dten is restricted to Dallas Co\Uity or uPtil furi.her orders or the Court or by written agreement afthe parties filed with the Court. Onler in Salt.Affecti.hJrthe Por11.nt Clllld Ratatinn.rhfp
Page 7 02/22/2012 11ED 18 :4 8 [H /R X 1~0 8767] lgjO OS 03/07/2012 WED 15 : 44 [TX/RX tW SS67] @00 8 *12 NO. 06 T6 MA R. 7. 2012 3:45 PM QUILLING SELANDER P. 10/3 8
FES. 22.2012 4:49PM QUILL!NG SELANDER N0. 0576 P. 10/38 f.0§5e:ssiatl . gnd Ac<;;·es.r Pos&e$ston Order 1. IT IS ORDERED that each conservator shall comply with all teNns and conditions ofthls Possession Ort!er, IT IS ORDERED that this Possession Order is effective immediately an~ applies to all periods of possession oceur:ring on and aft~ tb.e da.te the Court signs this Possession Order. IT !S, THEREFORE) ORDElU!D:
(a) Defmitione 1. In. this Possession Order "school" means the prim-ary or secondary s~h.ool in which the children is enrolled or, ift'he childre-lil is not emoUed in a prirnru:-y or s~wndary s~bool> the public school district in whlch tl!e> ch'ild:ren primaxily resides.
2. ln this Possession Order "children " il'lcludes each Qhild , whothe:r one or :more, who is a ~bje~ of this sujt while that c-hild is uader th,e age of eighteen yeats and not otherwise emancipated. (b) Mutual Agreement or Specified TettnS for Poss~ession
IT JS ORDERED that the conservators shall haw posses-sion of the childte:n at times m:u.tlJally agreed to in advance by the pat'ti-l}s, ao.d, in the a:bsm1ce oftnutual agreement, it is ORDERED that tb.e conservators shall have possession of the c:hildrel'l. onder the specified terms set out in this Possession Order.
Exa~t as o1herwise expressly provided in this Possession Order, BRYAN (~) ROWES shall have the light to possession oftbe \ilitldren l!.s f01low&:
Weekends Periods of Possessiun shall Mt'\.tfi'\.ue ytar r-Gund v.ri.th the exception of June and Jhly. • Father shall have possession of1he children em ~t~mate weekends fron1
Frida.y at 6!00 p.m. until the immediately following Sunday at Q;OO p.m. • Father shall have possession of the childte.n on each Thun;dey :frotn 6:00 p.m. until 8:00 p.nl. Order ita SuiT A.lfectiflg the. Parettt Chffrf 11f1l<tdonshtp Pace 8 02/22/2012 VIEO 18:48 [ TX(RX ~0 3767] ~0 1 0
03/0 7/2012 WED
15.44 [TX / RX NO 9867 ] 141010 *13 P. 11/38
N0.067 6 MAR. 7. 2012 3:45 PM QUIL LING SELANDER P. \1/36 QUI L ING SElANDER NO. 0576 fE B.22.2012 4:49PM lk?inrtih!g;Ja.Jtu.aw 14. • .2a12. • Father shall have possession of the childten each Thursday from the time school recesses until school resumes Friday and alternate Fridays from the time sohoo1 recesses U11tilll :30 a.m. the illllllediately following Sunday. This w~end possession on alternate weekends shall cdntirme year round and the specicl periQds of possession S'Ot forth herein shall serve as an overlay tt> the weekend posaession calendar i!lld shall not alter the rotation of the weekends, Upon thirty (30) day's wrjtten notice to Mother, the Father may
I i elGct to extend his possession umil Sunday at 6:00p.m. in the event he is not I Wol'king on Sw®ys·, · Sire'Ck!Z. J:st'lbcd.r p./'PQSJ'Mf,iap_ Winterl1~ Cbri$0Uas Holidays in Odd·Numbered Years - In odd numbered yeats. BRYAN ROWES
shall have the tight to posses5ion of the children from the thu.e st::hool recesses urttil 8:00 p.m. bn Deoember, 23'u.
Christ.n.u!s Holidays in Odd-Numhered Y~ars • m odd-nU!Ube~d years, MARY l TTLLOTSON shall have the right to possession ofthe ohildren ft'om 8:00 p.m. on De.c.ember, 23rd until school resumes.
Chri.st.tc.as Holidays ln :Sve.:n Number.ed Years- In e¥t;n r11:1mbcred years, BRYAN ROWES shall have the right t() possession of the children from 10:00 a.m. December 26m l.llltil school1·esumes following U1.e holiday,
Clu:istm.aa Holidays in Ev'cn Numbered Years -In even numbered years, :MARY TILLO'I'SION shall have t11.e tight to :possession ohh¢ oh.ildren from the time school recesses untillO:OQ a.m. on De~ember 26u [1]
• Thauksgiviug in Even· Numbered Years -In even-numbered years, BRYAN ROWES shall h.cw.e the right to possession ofthe children beginning at 6:00p.m. om the day the childr1m ie dismissed from sohool fur the Th•giving holiday and endl11g at 6:00p.m. on the Sunday following Thanksgiving.
Thanksgiving in Odd-Numbered Years ~In odd-numb~red years~ MARY TILLOTSON shall have the right to possession oftlte children begimling at 6:00p.m. on the day tbe children is dismisstd from school for the Tbauks.givlog holiday and ending nt 6:00p.m. on th~ Sunday follo\V'ing Thanksgiving.
P11ga 9 02/22/2012 ~EO 16:48 (TX/RX NO S?S7 ) ldJ0 11 03/07/2012 YIED 15 : 44 [TX/R)( NO 9987] ~011, *14 MAR. 7. 2012 3:45PM QU I LLI NG SELANDER NO. 06 76 P. 12/38
FEB. 22. 2012 4:49PM QUilLING SELANDER N0. 0576 P. 12/38 .,. Father shall have pdssession of the children in. Evea-Nurnbered Years- In evenwnt.wboted yews, beginning at 6:00p.m. on the day the children is dismissed from school forth~ school's spring vacation and endillg at 6:00p.m. on the day befoxe school resumes after that vacation.
Mother shall have possession of the children in Odd-Numbered Years- In odd-numbered years, beg.iuning at 6:00p.m. on the day the children is dismissed frt>rn school for the sc-hool's spring V3cation and ending at 6:00p.m. 0$1 the day before school resumes after that vacation.
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111 the event tha( Spring Break conflicts wtth EasteY or Fas.~owm Sprin~ BrGaks1wll superaede. ]]1 the event of a conflict with Passover and Easter, th~ East11-r holiday supercedes tn odd numbered years and Pr;r.s.fover tn even numbe3rod yeats.
18MM; Ho.Nrhtf! Methot sba:ll have possessiO.n of the children every Easter from the time s.chool recesses
f01: Easter ~mtil the 1ime sohoo1 resumes following E(!Ster Sunday. (In th~ ~vent of a ccmflict with Passover and Ea.<;ter [1] the lWS'tl!r holidey s-uper cedes in odd numbered yeaM and Passover in even T'lttmbe'red yea1's).
r $;g'q;ial 1lolf.d4M!. r
Mother eh!UI he.ve possession of the ohildr:en from 3 ;0:0 p.m. the day pri\ill' until 3:00 p.lll.
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the day following:
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• First c-ommmlit>ll (Fath~;r shall yield posse:ssionfor lwo (2) classes for this special holiday also) • First recollciliadoi1 {Father shaH yield possesslonfbt two (2) clMsesfor this special holiday also) • Confirmation (F~ther shalt yi<Jfd pOS$e~ifm for rwo (2) .ctr:useq for fhits• special holid(/f ai.so) ' 8'" Grade GMduatfcn W(Jekend.fr:om j:OO p.m. Friday until6:00 p.m. Sunday. F~r shall have possession of the obildren from3:00 p.m. the dny prior uatil3:00 't'l.m. the day following: - • YomKippur • Purim • Snckhot • Simchot Tornh • Tu V [1] Shvat c; Hannukah (not to supercede thanksgiving or Winter Break allocation)
Order iJJ Suit A/.fqcfil~g fhe Pffte/'1! Clti!d .Re/.1/tMtship Page IfJ 02/22/20 12 W~D 16:48 [TX/AX HO S7 67] ~ 0 12 03/07/2 012 YIE'O 15:44 [TX/RX NO SS67] ~012
NO. 06 76 P. 13/ 38
*15 MAR. 7. 2012 3:45PM QU IL LI NG SEL ANOE R NO. 0576 P. 13/38
FEB. 22.20 12 4:49PM
QUI LLING SE ANDER •• .• Passover (2 days) (11, ehe evem of a conflict with Passove:.~· and Ea.stet, the Easter hoffday super~odca in ocid numbered years ctnd P~.sover in eveh numbered year6. C;l Rosh Hashatlab (2 days) .Cl;Hi!ren '.r P.irtlt@!V If a parent is not otherwise entitled under this Posse,•;sion Order to present possession of a
child o:n the ohild's birthday, that parent shall have possession of the child and the child's minor s)blings beginning a.t 6:00p.m. and ending at 8:00p.m. on that day~ provided that that pare.u.t picks up the child from the other pm-ent nnd :retunw the child to 1ha.t setrne plnce.
BRYAN ROWES shall have the right to possession of the children each year, beginning at 6:00p.m. an the Friday preceding Father's Day Q.J.J.d endin_g at 6:00p.m. on Father's Day, provided that ifBRY Al""l ROWES is not othe~~.se entitled under this Possession Order to ptesent possession of the oWldren .. he shall pick up the children from MA~ Y TilLOTSON and return the- children to that saro~ plaoe.
1.v1 dtTz.~tJtr..Da.ft MARY Tll..LOTSON sluill have the right to poss~si~n of the ohildten each year,
beginning at 6~0 p.m. on the Friday ptooeding Mother's Pay and ending at 6;00 p.m. on Mother's Day, providod that if MARY TlLLO'fSON is not othl31'Wise entitled under this Possession Order to present pos.session of the children, ahe. shaH pick up the children from BRYAN ROWES and retutn the cllildren to thnt same place.
Juno in Even•Ntunbered. Years- In evm~.n.umbaed year&, Mother shalllutve the right to possession of the cltildi'<Jn the 2'" [1] and 4ll' weeks and ~ather shAll have pogsessi0n of the children the 1 sc and 3n1 weeks.
JUllo in Odd·Numbe.red Yeats~ 'ln <:ldd-nutnbered years, Mother shall !lave the righ.t to possessio:o of1he children the li [1] and 3rd weeks and Father shall have possession of the c.hildren the 2 nd and 4tll weeks,
Ju1y ln Even-Numbered Years -In even-numb.ered years, Mothe1· shall have the right to possession of the childten the 3!d and 4 [111] weeks I:Uld Fatl1er shall have p ossession of the children the lsr and 2°d Week'S, July in Odd-Numbered Years -In odd-numbered years, ~..1other s.~all have the right to possession of the children the 1st Md .2nd weeks and Father shall have possession of the ohildte11 the 3.nl aJld 4tl.l w~eks. Order In SJJlt Affecting 1/te Parerr.l Clltlif 8.tlaPou~lllp Paga 11
, I. .I
02 / 22/2012 WED 16 :49 [TX / AX NO 979 7) @ 0 13 ·1 03/07/20 12 YIED 15 : 44 [TX/R X HO 99 6 7] ~0 13 *16 MA R. 7. 2012 3: 45PM NO. 0676 P. 14/38 QU 1 Lll NG SELANDER NO. 05 76 P. 14/38 FEB. 22. 2012 4 : 5 ~PM QUILLING SELANQER The parties shall· exchange the children for the month of Jun-e and July period-s at 6:00 p.m. Sunda.y with the parent teceiving the children picking them up from the other conservator. Su.rnmdet o[Cht!cl br MAR·Y TlLLOT..~ON'
.MARY TILLOTSON is ORDERED to surrender the children. to BRYAN ROrt!ESat the beginning of ettoh period at the ohiidten' s scllool or the police atation nearest het residence. !S_urrtmrler oLChild bv BRYAN ROWES
BRYAN RO'fi/ES is ORDERED to surrender the children to MARY TILLOTSON at th~ children's scho'Ol or the police station 11carest hia reSidenoe. Tbis conolude.s the Possessio:tl OrdeJ.·. 2. D'l)ration The periods ofposse.ss5on ord~red abov-e apply to each children the subject of this sui.t while that children is under the age of eighteen yeats and not othel"~se emaucipat~d. Nontnterforence with Posse.rsion 3.
IT IS ORDERED that nC!ither conservator smul take poss:ssion of the children during the other conS'eiTator's period o'fpossessiOll utllesa the~·e is a prior written agreemen:t signed by both conservoato:rs or jn c~~ of an emergency,. Term.inafiQn oj0rci2:rs 4, The provisi0136 of this ortlet relating to oons&Vatorshi.p, p~ssesGiQU, or access terminate on the remartiage of BR Y. AN RO WBS· to MARY TILLOTSON unless a noJwarent or agency has been appointed consetvatGr of the childret!. unde-r chapter 153 of tho Texas Family Code. [1] i l l - » FFF [' ' 10 !QJL5 Ski . I - 0@
Order ill SuttA/feCtiJ!g tile Parem CMll/l{ela:tiorrJhip Page12 02/22/20 12 VIED 18:4 8 [ TX/RX t-10 97S7J ~ 0 14 *17 03/07/2 0 12 \Y EO 15 : 44 [TX/R){ NO 99 67] ~014
P. 15/38 QU [LL!NG SELAND ER N0.0676 MAR. 7. 2 0 12 3 : 4 5 PM p. 15/38
NO. 0576
QUllllNG SELANOtR FF.B.n2012 4:50PM X t!lephan.e. A.caes-e.tQ Mi.'fH}T .Cftikl!.en IT IS ORDERED that th~ parent shall provide reasonable telephone access for the cbil~n to the other parent. P'lY'elltb141 Facttilfiiar
The Court tinds that ther.e is good c~.use shown and it is in the best interest of the children the subject of' this suit that a parenting ooordinator be appointed aud that the p.arti.es h~we agxe.ed to the u,ppointment of Ca:rrl~ B eaird, :t.5150 Preston Ro1Hl [1] Suite 300, Dallas~ Te..~as 75281, 972-448-8797, as the Cc-operatlve Parenting Fadlitatot jn this case. The Colllt further finds that th~ appointro.QD.t of fl p,ar.enting facilitator is in the b~st inteJcst of the children.
IT IS FURTHER ORDERED that all e~enses associated with the appointmru1t Gf the Cooperative Parenting Pacilitetor shall be split eqt:ta.lly between the parties unless the parenting facilitator findS that ~ parent is using the process for harassment £Jt is ilbltsmg t11e process i'n which case she may reallcrcate the costs for those rurrassing o:r abusive sessions against the parent Who is abusi11g the process. IT IS OROOREDfuat each party shall promptly pay one-half of all joint sessions. IT IS FURTRER ORDERED that each party shall promptly pay for any and all sessions that is scheduled by the party and in which the party attends individually and without the other pnrty. The Court shall enforce payment of any amounts owed to the coope:rative Par.enting CC>o'rdhmtor by eithet party as necessary.
The Coopexative Pa.re.tJ.ililg Facilitator shall aasis-t the pllrti~s and the chUd~n lo pror11ote the childt~'s best interest i11 general. The Cooperat:lve Parenting Facilitatol.' is entitled to communicate with the parties, children, health care provider$, psyvbological providers, te®hers and any other third parties deemed necessary by the Cooperntive Parenting Facilitator. The Page H Otder t11 Suft AD~ctln:g thtt Pt17ent Chfld Relati<lnslllp
02/22/201 2 WED 16:48 [fX/RX NO 3761] 1?J 0 i5 *18 03/ 07/2 0 12 II'EO 15 : 44 [TX /RX HO S96 7) ~0 1 5
NO. 0676
P. 16/38 MAR. 7. 2012 3:45PM QUi l li NG SEL ANOER NO. 0576 P. 16/38
FE B. 22. 2012 4:50PM QUILLING SELANDER pnni,..:s shall cooperate vvith the coordinator by executing any necessary releases. I. 'The Coopeta1ive Parenting Facilitatol' shall:
L Mak¢ any recommendatlous relati'V'o to et1:forcing any shared parenting plan. tW.d parentiog schedule arad to minimize conflicts between the parties b'y add.rossing the particular patt~ms of behavior of th~ paret1ts,
2. Assist the parent iu implementing any plan or schedule so that t11o children have contin-uou·s and consistent contact with both pate.nts within the context of court ordered possession schedules.
3. Minimize conflict, loyalty binds and unnecessary stress for the chlldren, Have the following btond re!iponsibilities; 4, Recommend approaches 1h~ Vvill reduce conflict bet ween. par¢nts
a. Recommend complitlllce "With at1'}' parenting p1an or parenting sch(:dtlle in b.
the Court's order. Recottl.tll6nd outside teso~lrees as needed such as patentiag classest psychethe~apy, etc.
d. Monitor parent'ing plan or parettting schedule and mediate the parent's dispute.a concerning parenting issues. e~ Write detailed guidelines Of rules recommended for commllt1ication b~liWeeR po.rents and practicing th0se guidelines or ntles with the pa:r~uta . If pm:enting slGills are la~kin~ the coordinator shali wo:tk with one ot both par~ts to t~oh those skills. Recommend modification of the p-ax-eating plan. when agreement or
f. consensus caru.tot be reached, as a ateans of reducing conflict and promoting the best interest ofth~ chi!dretl. Any reconnnendatl<:m for rnodifica.ti.on of a plan or schedule must be in ·writing and sUbmitted to t'ha parties and their attorneys.
g. Prior to eompletion, write modification of the parenting plan when nn'!.tual agreement has been me.de by both parents and their attorneys. h. Priol' to completion, recontrnend how a: particular clements of the parenting plan or schedule shall ~ implemeoted including, Wit.hout limitation, the frequ~ncy and length of visitation, temporary chanscs in
Page 1.1 t l I
02/2!2/20 12 WED 1!3 :49 [TX/RX HO 8767] @0 16 *19 03/0 7/20 12 1'/ ED 15 : 44 [ TX/RX NO 996 7] @01 8
0. 06 76 P. 17/38 MAR. 7. 201~ 3:45PM QUILLING SELANDER
NO. 0576
P. 17/30
FEB. 22.2012 4:50PM QUILLING SE LANDER the sched\tle, holidw; or vacation pllUming, logistit;s of pick ttp and drop off, suitability of accolnltl.odations. i9S-Ues denling with. stepparents and significant others.
1. Work with both parents and any signifiooo.t othets to \'lpdate attd tine tune their parenting schedule over time. (All changes !n the familyts circm11stances could not be foreseen when the parenting-plan originated.). Parenting sohedul~, .POSt divorce, may n~d to be adjusted to chilchen's changing developmeotalneed&, schedules. new blended families or evolving outside interests.
j. Ensure thnt both parents maintain ongoing relation$h.ips wit.h the childt~n. k. RecC>llll11t~nd a tlttal decision on any part.'nting iss11e over which the parents
reaoh an impasse~ but submission of a ·written weomm&J.dation to the
J
parties and their cou.nsel.
I
I. Eduoate the parents in. the areas of: effec'tive cO!ftm\\mcatiou and negotir.tion skllls. effective p!U'enting skills. bow to tneet the developmental need-s of' their children. how ro disengage from ea<:h other when it leads ,to conflict. how to keep thcil' children out oftho middle. the sollrces ofthei:r conflict and its effect of the children. 11re Coopera:t-ivc Parenting Facilitator may recommend the educational component is completed in a group fotmat with other divo:reing parents or ill. a co--pat-ent format If the parent:B partic,Wat~ in a group the Cooperative Parenting Facmtator may tecommend tha.y participate in the smno gr<:~up together or separately. The joint co-.parent sessions may occur Simultuneously or after the <XIlllplotion of an eight week gtO'Up.
m. Mf1intain comtn\mication among all patties by SQt'Yiug, if necessaty, as a cortduit for information. Tb.e Cooperative Parenting Facilitator is not the aHy of ~ifuel' parcmt. The Cooperative- Parenting Facilitator' & rele is active and speci:ficaUy fuoused on h-elping paren.'Ui work together ±or the benefit of the children. The Cooperative Parenting Facilitator's fundamental role i.s to minimize the oonflict to which the children are exposed by the parties.
n. The Cooperative Patenting Facilitator is not a custody .evaluator, nor can . - Ordu itt Suit AJ!tJctjug the Par~r1t Chifdrf!lf R eltUir>nsltp Pn.ga Js *20 0 2/'2Z/'2012 IVEO 1S :48 [ TX/ R~ HO 8767) @017 ! 03/0 7/ 20 12 \Y EO 15 : 44 [TX/RX HU 9967] ~ 017 P. 18/38 NO. 06 76 NlAR. 7. 2012 3:46PM QU ilLING SE LANDER P. 1 B/38 NO. 0576 FEB. 22.20 12 4:50PM QUflllNG SELANDER <t they change the eunount of the custodial time either parent has been granted by the coUrts. Making decioions to place childreJ.'l. in the residence and custody of one p~nt would seriously compromi~e the Co.operntiv~ Parenting Facilitator·s neu.trruity, The Cooperative Parenting Fa.cilita.tO}' does not ha-ve the power to recommend any changes relevant to the primary residence oft.lt'C children. The Cooperative Parenting Facilitator recommend ternporruy changes to rl:lduce the conflict fol' the chl1drel1 or 1o bette't understand the needs of the c."'ildren. Temporary changes Pt.e those cbanges that would. 110! expand more than a few Weeks and might include slight changes in the trnnmr location, time of phone calls, a1.1d other parenting issue.s.
o. R.eoollllneJJ.d if neaessa.cy sp~cifio solutiot).S to 'Visitation issues !U1d shall make recomm~nt:lation in vrrmng to oooos~1. Ass.ist®ce provided by the Cooperative Pmenting Facilitator is not p. intended to be a cris-is service, Unless m emet~Mcy directlsr impacts the children. neither parent shall contact the Coopemtive Parenting Fac.ili.tator oo""-Side of nor-mal working hout~.
li. Meeting with. the Coopetativc P8rellting Facilitator; The Coopenrtive Parentiltg Facilitator may meet wlth the parties, the children n.nd
L.
sigoific!'lll.t others jointly or separately. 'fhe Cooperative Parettting FacUitator shall recomme11d the appointments sllnll be j oint ot separote.
2. Both parents shall contact the Cooperative Parenting Facilitator to schedule l appomtrnents. A.ppointmonta m.ay erJ,so be scheduled when the Coo.perative Par-e11tlng Facilitatot requests.
t Each par6llt should direct ~y dj.s~greemen~ or concerns J:egaxdiD.g the childxen t<> 3. the Caop~tive Parenting Facilitator~ The Cooperatt.v~ Parenting Fac~lit·ator shalt watk With both pE~I"ents to resolve the conflic-t attd. if necessmy, shall recom:fnend an appropriate resolution to tlle parties aad their colinS~l.
1 • III . Written and Ot&l.Reports rold Appearanc~ .in Court: I
Tho Cooperative Parenting Facilitator may submit written reports to the partie9, the oourt,. atld 'thoir counsel d~.scribing any conflicts and the Coopere.tiv<> Par!;nting Facilitntor's -. recommended resotutions. At any time, the Cooperative Parenting Facilitator may also repon to e:- s:..£t.... i ?M4 £.. &Sz:::mn::::iL:n .. Otdcr i'n Suit Affecting th.a Parent CMidl'lm Kellltiatultip
Page 16 *21 02/2212012 'li ED 16 : 49 [ TX/RX NO 978 7] @ 018 03/07/2012 WED 15 : 44 [TX/RX tiD 98 67 ] I4J0 18
NO. 0676
P. \9/38 MAR. 7. 2012 3: 46PM QU I LLI NG SEL ANDER
NO. 0576
P. 19/38
FEB, 22. 2012 4:50PM
QUILLING SELANDER tb~ parties, the cou:rt and their counsel on pll.l'~l:ltal compliance with and the pttr~ntala.ttitudes abo\lt any element of the co-parenting process. {)l'lr Ru:mUF 'ffl:6{m'fl
IT IS ORDERED that the partie~ (except in emergencies) commu:oioate through Our Famtly Wizttrd. IT IS Ftil\THBR ORDERED that the parties post all information relating to tho mintll.' children upon re~eipt on Our l?ctmily Wizard.
IT IS FURTHER ORDERED funt the parents shall pur-chase Our Family Wizard (www.ourfami.ly wi:zard,eom) \vitbin three (3) dnys after the entry of this Order. IT IS FURTHER ORDBRED tl,at the p~ents shaH use Our Farnfly Wi~ard for all C01Illll.l.Ulications between the ptuties, absent an emergency, with the only ex:.ception b¢ing that if ei'ther parent needs to omaiL an attachment ta tbCl other parent, at1d tltti:y are tmab'le to do so through Our Family Wiza:rd, then the paten_t shall send an em.aU with th~ attachment to the o'ther parent through that parent's alternative email address (Katy Tillotson•s• alternate email address:
substitute email address noticed through Our Family Wizard; -, Bryan Rowes' alternate email address: or substitute email ad-dress notioecl throu~h Our Family Wizard), and also ~(j:nd the other parent an email through 01a- Famlty Wizard notifying them that an ornail was sellt to th~ parent's email ~~dress.
IT IS FUR.TBER ORDERED that each parent shall timely (within 48 hours of receipt) provide. the other paten.t, thro\lgh Our Family Wizard with mtbr.matio:n received regarding any children the subjec.t of this suit. o,..tfq, in Suit Affecting the Pannt Chltcll{e/IJilchShlp J>a.grz 17
*22 02/ 22/2 012 WEO 16':48 (TX / Rli NO 518 7) l{lJOlS
03/07/2012 WED 15 : 44 [TX /RX HO 9987] @01 9
p 20/38 N0.0676
MAR. 7. 20 12 3:46PM QUI LLING SELANDER NO. 0576 P. 20/38 FEB. 22.2012 4:50PM QUJLLING SELAND ER I'I' IS FUR TI-lER ORDERED that each parent shall -update the calendat in Our Famfly Wizard rega'rding all aotiv.ities/cvents/appointtnents concerning the children as 90011 as the information is known to the parent, and at a minimum by midDight on Monday and Friday of each week beginn.i:ng the first week following the entry of this Order. Docume1rt~
IT JS ORDERED that BRYAN ROWES shall p!'oduce twenty four (24-) montlls of bank statementsJ credit card .st~ernents i.n hls nam.e [1] and hi~ tax rettllilS frotn the time of divorce to tbc; eu.n:ent date, These documents Ol1.\S( be prodl1000 within fo'Urteen (14) clays to his attorney of record and forwarded t0 MARYTILLOTSON's attomey of record "-'itb.in three (3) bti¢iness days of receipt by BRYAN ROWES' attorn~y. If an adjitstmept is warranted for ohild support using the Child Support guidelines the amount shall be inserted in this- Order. If the parties are unable to agree t-o a chilo S"t!J)po:rt adjusttnent the rn~tter sball be scheduled for a.'1 in parsM arbitration with Frances Hanis whos~ dacision shall be binding on the pa..rties.
IT IS FURTHER. ORDERED that BRYAN ROWES shall secure the unpaid child suppo1t with £',declining term ~anee pollcy with the chlldren ru; heneficiari~ and p.tovi~-e proof of same e.nnuaJl:Yto MARY TILLOTSON.
IT IS O:Rl)ERED that BRYAN ROW:SS shall submit his pooofofpa;ymentsto Pat Gill or MARY TILLOTSON (for servicos by Pat Gilt) within fourteen (14) days of entry of this Order .. IT IS FURTHER ORDERED that MARY TILLOTSON shall submit invokes from Pat Gill to BRYAi'\f ROWES..
02/221 201 2 \?EO 16; 41!
*23 [TX /RX HO 3767] @020 03 /0 7/2012 WED ·15 : 44 [TX/ RX NO 3867] f4) 0 20
NO. 06 76 P. 21/38
MAR. 7. 20 12 3:46PM QU I l ll NG StL ANOER NO. 0576 P. 21138 FEB. 22.2012 4:50PM QUILLING SELANDER
... IT IS ORDERED that BRYAN ROWES shall pay MARY TILLOTSON: s defiojency (subject to rei:olbursement or tree up) on the automobile in th~ Decree of Divorce. SUbruission shall be within fourteen (14) days in the same manner as bank statem~nts an.d c-redit card statement. IT rs FUR TilER ORDERED that the parties shall offset the amounts that euch owes nnd payment made to the other paJ.'o/ ill the event the amounts do .oot offset.
. Exl!a Cu.tti,Qilqr;df:titJi(le,r IT IS FVR'l'HBR ORDERED and the parties agree that the minor ch.il dr~n shall finish the C'Un'ent term affue a-ctivities in WbiQh they are entolled. Dance tenn ends Summer of2Q 12. Choir, basketball and soccer term ends with the completion of the Spring Semester or activity term within that semester or whichever .first occurs. Cub Seoum tenn ends with Summer of 2012. IT IS ORDERED that .BRYAN ROWES shaH pay one half (1/2) of the costa of the registration, e'MOlJ.m~ntJ mufonnS., equipment for the ohi:ldl'.~'!l to participate in these activitieS for tbis term.
IT IS ORDERED and the parties agtee 1hat BRYA.l~ ROWES and MARY TILLOTSON l shall each pay one half ( 1/2) of the costs of agteed upon extrEWmticul·ar activities, including camps br lessons. IT IS FUR.UIER ORDERED that such agy-eemont must be in writing, eithe:c email or text constitutes a "Writing" for purposes ofttris prfilvision.
IT IS FURTMER ORDERED 'that the partJ in possess{ en of the cldldren dl.'lring a tegUl~ly scbeduled eX'tcaClurric"Ular activity slmtl use their best efforts to transport the cbitdren to that actlvJty Oil time and insure the children is pte sent for tile duration of the aoti vit y, If that party is unable to transport or insure tho children are. present for the duratiou oftlte activity that OYdBr l1t Suit Aff~cting tlr~ Prtrenl Cfli[(l R.e/.rrrtortshtp Page 19 *24 tTX / RX tW S767J ~021
0 2/22 /2012 \YEO H::4 9 03/07/2012 WED 15 : 4.4 [TX/RX NO 8967 ] ~ 02 1
NQ 0676 P 22/38
MAR. 7. 2012 3:46PM QUILLING SELANDER FEB. n 2012 4:50 PM NO. 0576 P. 22/38 QUILLING SELANDER pareni shall offer th<l opportUnity to the other :pa:er1t. If the panies are not able to agree IJtJon an activity they shall confer 'With the parent fflcllitator who shrull'ender a decision that is binding on the parents with regard to exttacu.rricular activitie$.
IT IS ORDERED that either party shall have the right to earoll the children in extracurric.ular activities without the COXISent of t.lJ.e ot.~er party ptovided that the non~tonse11ting pcttent is not r~quited to pay cot>ts of the activity n.oJ· shall the non~ consenting parent be required to yi~ld th.ek time w that the ehildren may participate in that gc.tivity.
IT IS FUR.'I1IBR ORDERED that the method of payment fur the fu~going expenses shall be paid by the parties as follows: • By direct payment oflris or her SO% share to the orga.uiU~ti on or it'ldividu~l as applico.blc: within five (5) busi11ess days of receipt of an invoice speci:tYing the total payment to be made; or
• By tro..Aking hls or her 50% of the payment available to the paying .Party to enable him or her ~o tirn(}ly make the pa)1llent. IT IS ORO BRED that in the event either party pa..ys 1 00% of any of the foregoing expense, then the nonpaying party shall r,eb!lJburse the paying party 5'0% of such expenses pai:d by the p~ying party withiiJ. five (5) business days of the nonpaying patty's receipt of documentation ·evidencing the pa~g pltrty's pay'tttent of such e::rpeuses. Su.th rehnbursements shall be .tllade by tnail or hwd delivery ~t the paying pruty' s cmrem residence address,
l fage 2Q *25 02/22/20 12 II'EO 16:48 (TX/ RX HO S767) @022 03/07/2012 YIEO 15 44 [TX/R X IW S96 7 J @0 22 NO. 0676 P. 23/ 38
MAR. 7. 2012 3:A6PM QU ILLI NG SELANDER
NO. 0576
P. 23/38
FEB. 22.2012 4:51PM
QUILLING SELANDER l!ealth Ca:re 1. ITIS ORDEREDfuatBRYANROWES a11dMARYTILLOTSONshalleach provide medical support for each children as set out in this order as additional child suppott for as long a:s the Cowt .tnay order :SR Y AN ROWES and MARY TILLOTSON tt:> provide support for the ehilclten under sections 154.001 a.IId 154.002 of the Texas Family Code. Bcginnin.g on the day :BRYAN RO WES and M.AR. Y TILLOTSON's actual or potential obligation to support a childre-n under sectiotts 154,001 and 154.002 of the Family Code ter:ro..inates, IT IS ORDERED that BRYAN RO\VES and MARY TILLOTSON are dischw:ged from the obligations set forth in this m0dicat support order with respect to that cluldreu, except for any failure by a parent to fully comply 'Wi:th those obligations before tb.at date. IT lS 'FURTHER ORDERED that the. cas.b. medical support paymt;!nts ordGred below are payable thro~.:tgh the mate disbm:set<L1e:nt l.m.it and subjeet.to the provi{jions for withhold~ from eacnit1gs provided ab0ve for other child support pa-yments,
J... Definitions .. "Health Insurance', means insurance coverage that provides basic health-care services,
inoludill8 wual physician services, office visits, hospitalization., a'nd laboratozy, X·my, and emergency services, tbat may be pmvided through a. health ma.itltenruwe organization or other priva(e or public organization) other than m~dical assistance under chapter 32 of the T~;(M Human Resources Co dG.
"Ret!Sonabla cost'' means the total cost ofheatm insurance coverage for ill childrfiD for l which BRYAN ROWES is responsible under a medical support order that does not e.'<:ceed 9 Order fll Suit Affecting the P((f'f11t G"'lt'!tl R~tl«tlo'I!Slli"]J
PII.JJe 11 *26 02/22/ 2012 WED 16:4 8 (TX/RX HO 97&7) @ CZ3 03/07/2012 YIEO 15 : 44 (TX /R X NO 99 8 7 ] ~023 ~W. 06 76 P. 24/38
MAR. 7. 2012 3:46PM QUI LLl i G S~ LAN DE R
NO. 0576
P. 24/38 HB. 22. 2~12 4:51PM QUILLING SELANDER pel-cent ofBRY AN ROWES 's mmual resoutcoo, as desciibed by section 154.062(b) of the Texas Family Code.
''Reasonable and necessary health·care expenses not paid by insmance and incurred by or on behalf of a children " inelude, without limitation, any vopaymenfs for office Vi!iits or prescription drugs, the yearly dttductible, if any, and medina!, surgical, ,Pl'e~cription drug, mental health-care services, ctentru, eye care, ophthalmological, !llld orthodontic charges. TI1ese reasonable iUld nec~sazy health·care t;Xpenses do not include eJ&penscs for travcl to and fro11i the health.·care provider or for nonproscrlptiou medication.
a. to .ha11d deliver the ilocum.ent by a person eighteen yeats of age or older either to the reoipiertt or to a person who is mghteen years of age or older a1J.O permanently resides with the recipient;
b.. to deliver the document to the recipient by certified mail, teturn receipt requested, to the recipient's last .knoVv11 mailing or residence address; or ro deliver the docum~t to the rec-ipient at th.e recipient's last known
t; , mail.i!lg or residence adch:es-s uaing any person ot entity whose principal business i~ that of s. co'Uri:er sr deliverer of papers or dooume11tS either V~tithit1 Ot' outsld-e the United Sta~. Findi:t'J.gs on Health Insurance Availability~ Having co1\sidered the cost,
3. aroessibility, and quality ofheo.lth insurance coverage available to the pruties) the Court finds; Health insurance is available to MARY TILLOTSON at a reasonable co<>t of$ l 60.00 •= J I :C~IN£5- - [1] · n=rmt Order in Suit Aflttc(i11g the Par?JJI Clllkl R<:latic1Mltip *27 02/22/201 2 \YEO 18 ; 118 (TX/RX ~0 97S'7) lgj 024 03/07/2 012 WEO 15 44 [ TX/RX NO 9967) ~ 0 2 4
NO. 06 76 P. 25/ 38
MA R. 7 2012 3:46PM QUI LI NG SE ANDER NO. 0576 P. 25/38 FEB. 22. 2012 4:51PM QUILLING SELANDER
I
from another source, indud1ng the program under sev'1ion 154.1826 of the Texas Family Code to provide health inllurance in title N -D cases. IT IS FURTHER CRD'E'aED that BRYAN ROWBS shall reimburse MARY TILLOTSON the cost of the medict.U insurallce premium.
IT IS F'tJR TIIDR FO IJND that the following orders :r;ega.rding healtb,.care coverage llre in (he best interest of the children. 4. Provision ofHealthMCate Coverage .. As child support, Mt\R.Y TILLOTSON is ORDERED to continue to n)aiotai.l'l health insurance for each child who is the s-ubj ect of this suit that covers basic hcalth-oare sem ces,
including l.lSual physician serviceBt office visits, hospitaliztltion, laboratoryt X-ray, and emergency services.
MARY TILLOTSON is ORDERED to maintain such health insuta.:n~ io full force and I ' effect [011] each children who is the subject of this suit ns long as cbi1d support ls payable for that children . .MARY "tlTuLOTSON is ORDERED to convert any group insurano.e to indiv1dual cowre.ge or obtain other Malth iusuunce for each child within fifteeh days oftern'lin.ntion ofher
l ernpioyro.ent or oth~r disqunlification from the group iflsUt1Pl~. MARY TILLOTSON is ORDERED to exercise ilnY conversion opttons or aoquisl:don of ttew h~th insurance in such a manner that the resulting insu.ta.ncb equals or e~¢e~ds that in effect immediately befo:re the
MARY TILLOTSON ts ORDERED to furtcish BRYAN ROWES a true and cotT~c.t copy of the bealth insur2.nce policy or certificati.on and a schedule ofbenefits within ten (1 0) days of the signing oftWs order. MARY TILLOTSON is ORDERED to ftcmi!!h BRYAN ROWF..S the
4 o e:::...:-tc o Jlt S 1' { ¥ 'fl l ' Order in Suit Af/~~llltgllu: F<m:nt OJifdRc!arirms!ltp Po.g4! 23
02/221201 2 WED 1S:48 [TX/RX NO 8787] @025
*28 03/07/20 12 \YEO 15: 44 [TX/B X NO 996 7) i4J 0 25
NO. 06 76 P. 26/38
MAR. 7. 20 12 3:47PM QUI LLl NG SE LAND ER
NQ 0576 P. 26/38
FEB. 22. 2012 4:5 1PM QU I LLI NG S E L ~.NOE R iDsurano& cards and €ley other fonns necessary for use of the insuran.ce within mt1l (1 0) days of the signing of this order. MARY TILLOTSON ls ORDERED to provide, within three days of receipt by he~J to BRYAN ROWES any insurance checks, other pay.tnents, or explanatlons of bene£ts relating to any medical expenses for the children that BRYAN RO \VES paid or invurrod.
Pursuant to section 1504.051 oftlte Toxaslosl.U'atlte Code, it is ORDE.RED that if _r...iARY TILLOTSON is eligible for dependent health coverage but fails to apply to l1btain coverage for~~ children, the b.surer shall cmoll the children on appli~ation of BRYAN RO'WES or others as authotlmd by law.
Pursuant to section 1$4.182 ofth~ Texas Family Code, BRYAN ROVIBS is ORDERED to pay MARY TILLOTSON cash medical support for reimbursement of health insurance premiums, as additional cbild support, ofO.ne Ht.utdred Sixty Dollars and No Cents ($160. 00) per month, with the first i.n.stallrnebt being due and payable on Decem bel;' l, 2012 ru-1d a liko installment being due aod payable on or before tb.o first day of each mdnth until tbQ t~nntion
1 of current ~hild support fur all childrefi. undat this order. l I IT lS ORDERED that the cash medica:! si.lpport provisions of this order ~hall he an obligation 6ftl1e esUI.te ofBRYAN ROWES aod shall not terminate on his death. Pl:lfS\Ultlt to section 154.18"3( o) of the Texas Fam.Uy Code, the reasonable and ne.cessary hea.ltb-cctte expenses of the childr~ 'that arc not reimbursed 1~y heE1lth illSU.rance are alli?cated as follows; M ARY TILLOTSON is ORDERED to pay SO percent and BRYAN R.OWES i~ ORDERED to p~y 50 percent of the umeimbursed health-care expenses if, at the time the
I
expenses are iucurr;d, MARY TILLOTSON is pro-viding health insurance as order<;~d itu:ludtng ~ Order''' Su;t AJ!ecrltr( flle Patent C!Jff(( RelatlOn3flfp l'age24 *29 02/22/2012 IJIED 18;48 (TX/RX HO S757} @026 03/ 07/401? YIE O 15 : 44 [ TX/ RX HO SS6 7] I4J 02 6
NO. 06 76 P. 27/38
MA R. 7. 2012 3:47PM QUILLI NG SELAN DER
NO. 057Q P. 27/ 38
FEB. 22.20 12 4:51PM QU l lliMG SELANDER without /imiranon, medical, pre.scrtption drugs. psychiatric, psychological, dental, eye care, I I
I
vision exams, oontac:t lens and orthodontic charge_,s. occupationa& therapy, dyslexia tutoring, and t the:tapy, phystccrt therapy. psycho educational therapy. The parties agtee and it is ORDERED rklt the current health care providers and dental care providers $halt not be changad during che pendency of the cm·e absent written agreement of the parties.
The patty who incurs a heatth-care expense on behalf of a children is ORbERBD to submit tO the other party aU forms, receipts) bills. $t."ltements, a:nd ~=<planations ofbenditS refleC"'~ng the uniru;u.red porti~n of the health-care expenses within thirty days after he or she. receives them. The. noninourritlg party ia ORDERED to pay bis o~ her percentage of the uninsured portion of the h.ea!th-cere expenses either by paying the henlth ·cate provider- directly or by reimbUrsing the in~ party for any advanoo payment exooeding the incurring party's percentage of the uninsured portion of the heclth-care expenses within thitty da..ys after the' nonin.cutring party .receives the forms, receipts, bills, statements, and explanatiohs ofbem::fits.
These provi'Sions apply to all u.nreirnburse.d healtl:Hare expet!Ses of sny children who is the subject of this suit that ate mcurrecl while child support is payable for that ohildreu . $. Sec.ondaty Coverage - IT LS ORDERED that if a party provides seconda..ry health insurance coverage for the chilch'en, both parties shall cooperate fully with regard to the handling 8lld frlirtg of claints wi'01 the insurance carrler prt:Widing the coverage in order to maximize the
J
benettits availeble to tb~ children and to enaure that the party who pays for health~c-~e expensee .
l
for the child1-en is reimbursed for the payment from both carriers to the fullest extent pPSsible. *30 t 02/22120 12 WED 16 : 48 (Tl</!1~ HO 9767] 14J 027
03/07/20 12 IJI EO 15 : 44
[TX/RX HO 886 7 ) @02 7
P. 28/38- NO. 06 76 ~AR. 7. 2012 3:47PM QU I LI NG SELANDER P. 28/38 NO. 0576
FE8.22.2012 4:5 1PM
QUILLING SELANDER Compliance With Insurance Com}Jany Requlre~nents ·Each party is ORDERED to ~. conform to all requiremeuts imposed by the terms and conditions of the policy of health insunm.ce covering the children in order to assure maxi.-num reimbursemen1 or direct paymertt by the insuranoo company of the incurred health..(;ate expense~ inch.1ding but not limited to requireme11ts for advance notice to any cruner, second opinions, and the liko. Each party is O.Rl)ERED to attempt to IDle ''preferred pro-viders/' ar services within the health maintenance organization, if t~pplicable; however, this proviscon shall nat apply if emergency o.."U'e is required. Disallowance of the bill by a health insure't shrJl not exaus~ t.be obligation of either party to make 'payment; however, if a bill is disallowed or the benefit redt'\~d because of the failure of a par(y to follow insunmce procedures or re:quirements, IT IS ORDERED that the :PartY fa:lling to follow
l 1 the insurance procedures or requirements shall be wholly responsible for the increased portion of that bill. -Claims- Except as providod in this paragraph, the party who is not can-ying the
7. health itlSu:catLce policy covering the childr~ is O'RDERED to furnish t6 the party carrying the polk.,yJ v.r.ithm fifteen days of receiving them, ~y aud all fol'mS, receipts, bil-ls, and statements t-et1t:.cting the health~care expenses the pnrty n.ot catrying the po1icy incurs on behalf of the children. In a~ordance with a~::r;tiou 1204.251 and 1504.055(a) of the Texas In;suraoce Cod<; lT IS ORDERED tbm the party who ig not carrying the health insurantc policy c;overing the children, m that party's option , may file any claims for health-care expenses directly v.rtth the insurance earner with and from whom coverage is provided for the benefit of the children and rec31ve payments oiirectly from the it1surance oompaey. FUither, for the sole purpose of seotion
tz:::::: z r · , ., j"P *31 Order In sui~Affectillg file Parent CJstld &lation!llfp P(lgo 26 02/22/2012 WE D 16:48 [TX/ RX NO 81 67] ~ 0 28 03/07/2012 \YEO 15 , 44 [TX/ RX NO 99 67) ~028
NO. 06 7 6 P. 29/38 MAR. 7. 2012 3:47PM QU ILLING SELANDER NO. 0~76 P. 29/38
FEB 22. 201 2 4: 51PM
QU ILLI NG SELA NDER 1204<251 of the Texas Insurance Code, BRYAN ROWES is designated the mtmaging conservator o.r possessory conservator of the obildren.
The party who is carrying the health insuranct:: poliey covering the children is ORDERED to submit all forms required by 'the insurance compnny for payment or teimbu.rsemf.\llt of health~care expenses inc~ by either party on behalf of a children to the insurtmce carrier withilt fifteen days of that party's receiving any fotm, recdpt, bill, or statement reflecti:ag the expenses. Constructive Trust for Payments Received - IT IS ORDERED that aoy insurance
8. payments received by a party from th~ health insurance carrier as reimbursement fo1 health-care expenses incm.l:'ed by or on behalf of a children shall belong to the party who paid those expenses. IT IS FURTIIE:R ORDERED that the: party receiVing th&l ineural~~ paytnents i2 designated a constructi?e trustee to receive any insur1111ce checks or payments for health-oar~ expensGS paid by th.e other patty, and the party carrying the policy shall endorse and fotwarcl the checks or payments, a:lortg with any explanation of benefits received, 'f:rJ tb.e o·ther party withih tb.!:ee days o.freceiving them.
9. W ARNlliG - A PARENT ORDERED TO PROVIDE HEALTH n-TSURANCE OR TO PAY THE OTiiER PARENT ADDITIONAL CHILD SUPl>ORT FOR 11iE COST OF HEAL TII INSURANCE WHO FAILS TO DO SO IS LIABLE fOR NECESSARY MEDICAL EXPeNSES OF THE CHILDREN> 'WITHOUT REGARD TO WHETHER THE EXPENSES WOULD HAVE BEEN PAID IF HEALTH INSURANCE HAD BEEN PROVIDED, AND FOR THE COST OF HEALTH lNSURANCE PR.EMfVM'S OR CONTRlBUTIONS) l'F A.l'JYl PAID
*32 - brtlrr fn SmeAJrecrfhg rhe Parent Child RelutltJttS'lzip Pc.ge .37
02/22/2012 \Y EO 1G:48 (TK/RX NO 9787) @029
0 3/0712 012 WE D 15 : 44 [ TX/ RX tW 8867] !4) 029
NO. 06 76
P. 30/38 MAR. 7. 2012 3:47PM QUILLING SELANDER NO. 0576 P. 30/38
FEB. 22. 2012 4:51PM
QUILLING SELANO ER ON BEHALF OF TilE CHILDREN. Support. gs,O.hll@'Atio-n o!Estate r IT lS ORDERED that the provisio.os for child support in tllis order shall be an obllgation crfthe estate of BRYAN ROWES and shall not termitl.ate on the death ofBR.YAN ROWES. Pa..yments received for the benefit of the children, including paythoots from the Social Security Admin.istratiol\ Department of V cterans Affms or other governmental ag~ncy or 1i':fe insurance proceeds, atmuity pa.y1:tum:tz, truat distribu~ons, or retirement su~vivor b.euefits, shall be a credit a:gaii:!Stthia obligneidh. Any relnaining bala11ce.oftb.e child support ls an obHgation ofBRYAN ROWES's estate.
' r I Tel:JEination ·of Otders on Remarrtage of Parties but Not on Death of Obligee The provisjons of this order r.elating to c\lrrent child support tern:rinate ofi th~ remarriage
cfBRYAN ROWES to MARY TILLOTSON unless a nonparent or agency has been appointed conservator of the children utld~r ohapt er !53 of the Texas Family Code. An oblige.tion to pay
t ; Qbild support under this order dPes 110t t<:nni11ate on the death of MARY TILLOTSON but cot.ttinues e.G an obliga1ion to A VI MfCAH ROWES and AMELIA MATZEN RO\VES. $ffttlemrm.t o(FI/.tt,tre DisptJtes
The Court fmds that the parties agree to the following, as evidenoed by their signatures below. It is agreed that before setting any hearing or initiating discovery in a. suit fot :modlfication *33 , _, O:rt/l:'t trf'$uir AJ[tJaflui the Patent C/ltlrl Relatfonshl]! Page 28 02/22/2 0 12 WED 18:4e [ TX/RX NO 8767] 6j030 03 / 07/2012 WED 15 • 44 [TX/RX NO 99 67] @ 030
MAR. 7. 20 12 3:47PM NO. 06 76 P. 31/38 QUILLI NG SELMDER
I
P. 31133 FEB. 22.2012 4~51PM QUILLING SELANDER NO. 0 57 6 1 of the tem'lS and conditions of consorvatorship, possession, or support of the children) except in an emergency, the pm,-ties shall mediate the con;troversy in good faith. This requtrement does not apply to actions brought to enforoe this order or to enforce any subsequent modifications of this order. It is agreed that the pruty wishing to modify the terms and conditions of conservatorship, possession, or support of the children shall give written. notice to the other party of a desire to mediate the controversy. If, Within ten days after receipt of the written notice, the parties cannot ilgree on a mediator or the other party does not agree to attend mediation or fails to attend a scheduled m:~diation of the controversy. the patLy desiring modification aha1l be released fr6U1 the obligation to mediate and. shall be free to file su.it fox modification.
The parties agree ~d the Court or-ders: about tl~e other patty or the other patty's family to or in the ptes¢noe ofihe chil·dreu o:r Within the hearing of the chUdren nor allow any third party to disparage the other parent in the presence oftli.e obild.ten or witb1n the hearing ofth~ children. N,Q lJt.fB!Wq'?]n,gStatrmwm.r- Neither patty shall make disparaging statethents
2. about the other party's religion in the presence ofihe children or within the heari11g of the children nor allow MY third l'a.rty to disparage the other pru:ent' s religion in. the presence of the children or within the hearing of the chitdreu, No J)jUJcp;a.gi!Ut&aternents. ~Neither party shall disparage !lo.r allow a thtrd party
3. *34 'to clisparage the employ of the other parent or that pare.nt' 5 family. ... es c• . : h· a1 &1 ~-- ~ OUZ2/2Ql2 V/~0 1S ;48 [TX/FlX HO S7S7] @03 1
03/07/2012 W.EO 15:44 [TX/RX NO 8S67] @031
MAR. 7. 2012 3:47PM QU ILLI NG SELANDER NO. 0676 P. 32/38 NO. 05 76 P. n /38
FEB.
22. 2012 4:52PM QUILLING SELANO ER 4. Conduotln The Pres~ nee of tizu Children- Neither parent shall nor shall they allow third parties to be naked in the presence of the chlldrcn, nor shrul they bathe With the children nor allow a. third party adult to do so.
~f!Qlic-e af.Wr/t Petitioner a11d Respondent waive issuf1tlce nnd service oftbe writ of it\Jl01ction, by stipul~ion or~ evideuced by the signatures below. IT IS ORDERED that P~t;tioner and Respondent shall bo deemed to be duly s~ved with the Wfjt of injunction .. Required lriformatton
The infoi"JUati~:m required for each party by section 10S.Otl.6(a) of the Tex;as Family Code is~ follows: r Name: BRYAN ROWES SoolaJ. SocUl'i'ty :Cl.\tnber; ~ Driver's license number fll1.d ............. .. Current rcsideliOe address; Mailing address: Home telephone number: Name of employer:
Kal'e/1. Dillard Gotlege Ptep Address of employment: 5211 Fo!'estLane, Stdtc lf!$, Dalias, Te.;cas 7S244
W6rk telephone number: 214-866-.(}230 Nrune: .MARY T1LLOT8'01v Sooial Se<--urity .aumborc xxx-~ 1!!!!11!! Dtiver's lic~nse number and ....... ~ .. ~·.!!! Cutz;ent residenoe address~ Miiling addtes~ : Home telephone number: Name of eJUp-loyor:
Children's M-edictrl Certter Address o.f employmeht: 193S Mediclll J)ls!Yict JJriveJ Dallas, Texas 752S5 :Work telephone number: 21/-456-7000 *35 $J • [7] . , , 59- twt !..l..;:zE" Otdu in Sr~flAJ/ectlng tfte Parent Cflilrl ReJa.tiqnsflfp ¥+ •; ·
Page 30 02/22(2012 \YED 18 : 49 [TX/ R)( HO 8767) ~0 32 03/07/2012 \YEO 15 ' 44 [TX!RX NO 9967] ~ 032 tlO. 06 76 P. 33/38 MAR. 7. 2012 3:47PM QU I LI NG SE ANO ~R NO. 0576 P. 33/38 FEB.22. 2012 4:52PM QUILLING SELANOER
RB![«fn4Notlces EACH PERSON WHD IS A PARTY TO 1'IDS ORDER IS ORDERED TO NOTIFY BACH 011ffiR PARTY, TRE COURT, AND THE STATE CASE REGISTRY OF ANY CHANGE IN THB PARTY'S CURRENT RESIDENCE ADDRESS) MAIT.JNG ADD !tESS, HOME TELBPHON:B NUMBER, NAME OF·E!vf.PLOYER, ADDRESS OF EN!PLOYMENT, DRIVER'S LICENSE NUMBER AND WORK TELEPHONE NOMBE:R. THE PARTY IS ORDERED TO GIVE NOl'ICE OF AN INTENDED CHANGE JN ANY OF Tim .REQUIRED INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATi: CASE
RBQISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDIID CHANGE. IF
T.FIE PARTY DOES NOT KNOW OR COULD NOT RA VB KNO\VN OF TH8 CHANGE IN
SUFFICIENT TIME TO PROVIDE 60-DA Y
NOTICE, THE PARTY IS ORDE:RBD TO GIVE NOTICE OF ntE CHANGE ON OR. BEFORE THE FIFTH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE CHANCE.
TRE DUTY TO FURNISH TI-IIS INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY PERSON, j BY VIR.TUE.OF THIS ORDER, IS lTNDBR AN OBLfGATIONTO PAY CHILD SUl?PORT OR ENTITLED l'O POSSESSION OF OR ACCESS TO A CHILDREN .
F AILUR:E BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE CHANGE IN THE REQUIRED INFORJ\fA TION MAY RBSUL TIN FURTHER LITIOA TION *36 TO ENFORCE TBE ORDER. INCLUDING CONTEMPT OF COURT. A FINDING OF
J>age.S1 02/22/20 12 WED 16:48 (TX/RX HO 9787] @1033 03/07/201 Z WED 15:44 [TX/RX HO 8867 ] ~ 033
NO. 06 76 P. 34/38
MAR. 7. 2012 3:4 7PM QU IL LI G SELANDE R
NO. 057G P. 34/38
FEB. 22.2012 4:52PM QUILLING S HAN~E R CONTEMPT MAY BE P'UNISHED :BY CONFINErvfENT IN JAIL FOR UP TO SIX MONTHS~ A FINE OF UP TO :9500 FOR EACH VIOLATION, Al'i'D A MONEY roDGtv'IENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS.
Notice shall be given to ihe other party by delivering a copy of the notice to the party by registered or oertifi~d mail, return receipt requested. Notice shall be given to the Court by delivering u copy of the noli or: eithet in person to the clerk ofthi~ Court ot· by l'egistered or certified m..-ill addres-sed to the clerk at 256th District Court, 600 Con:unerCt3- Street, .Oall~s, Te)l:as 75202. Notice shall be given tCi> the stat~ cas¢ registry by mailing a oopy of the notice to State Case Registry, Contract SQI'Vi~S' Se~on, MC04SS, P.O. Box 12017, Austin, Texas 78711-201 7.
NOTICE TO ANY PEACE OFFICER OF THB STATE OF TEXAS: YOU MAY USE REASONABLE EFFORTS TO EN"FORCE THE TERMS OF ClllLDREN CUSTODY SPECIFIED IN THIS ORDBR. A PEACE OFFlCER WHO RELIES ON TilE TERMS OF A COURT ORDER AND THE oFFICER'S ADENCY ARE ENmLBD TO THE APPLICABLE IMMUNITI AO...AJNST ANY C~ CIVIL OR OtHERWISE, REGARDING THE OFFICER'S GOOD F Al'ffi ACTS PERFOR'MED IN TilE SCOPE OP THE OFFICER'S DUTIP...S IN BNr ORClNG THE tERMS OF THE ORDER THAT RELA'IE TO CHILbREN CUSTODY. ANY PERSON WHO KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER lliAT IS INVALID OR NO LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY Bl?, PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS *37 AND A FlNB OF AS MUCH AS $10,000. Ortler ir. Suit Affe~tirt& the /'((f~l Chlla Be!Jitlonslltp
Page 32 02/22/2012 \i~ D 16 : 4S [TX/RX HO 9767 ) @034 03 /0 712012 WE D Hi 44 [TX/R X HO S987 J ~ 034
P. 35/38 NO. 06 76 QU I LING SELANDE R MAR. 7. 2012 3:48PM P. 35/38 NO. 057 6 QUILLING SELAN DER
FEB. 22. 2012 4:52PM
WARNlNGS TO PARTIES: FAILURE TO OBEY A COURT ORDER FOR cHILO SUPPORT OR FOR POSSESSlON OF OR ACCESS TO A CH1LDRBN MAY RESULT IN FURTHER LITKtA110N TO ENFORCE THE ORDER, 1NCLUD1NG CONTEMPT OF COURT. A FINDING OF CONTEMP'r MAYBE PUNISHED B'Y CONFINEMENTIN JArL FOR UP TO SIX MONTHS, A F~E OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENTFORPAYMENTOF ATtORNEYJS FEES AND COURT COSTS.
FAlLORE OF A PARTY TO MAKE A CHILD SUPPO~T PAYMENT TO THE
PLACE AND IN THE MANNER REQU!RED BY A
COURT ORDER MAY RESULT IN THE PARTY'S NOT RECEIVING CREDIT FOR MA.KfNG THE PA YMBNT.
FAILURE
OF A PARTY TO PAY CJ...IILD SUPPORT DOES NOT JUSTIFY DENYING THAT PARTY COURT~ORDERED POSSESSiON OF OR ACCESS TO A CHILD. REFUSAL BY A 'P AlJ..TY TO ALLOW POSSESSION OF OR ACCESS TO A CI-TILD DOES NOT JUSTIFY F AlLURE TO PAY COURT-ORDERED CHILD SUPPORT TO THAT
PARTY.
IT IS ORDERED that attorneys fees 81'¢ to be bol'tte by the party who UlO\ured them. IT IS ORDERED that coats of ~ourt are to be botne by the party who incutted them.
*38 • !1 ·?r:s ':C.nx ;4 .,~~ ONlar t11 Sail Affecihag tilt PtutJh/ Cltild R elationship Pagtt 33 02/22/2012 ~EO 18;4S [TK/RX NO 97S7 ] @035 I. 03/07/2012 WED 15:44 [TX/RX NO 9967) @ 03 5 NO. 06 76 P. 36/38 MAR. 7. 2012 3: 48PM QU I LLI NG SELAND ER
NO. 0576
P. 36/38 FEB. 22.2012 4 ~ 52PM QU H LJNG SELANDE R .f"lf!eifM~~ q f.Me.diatign Azteement TI1is order is stij?ulaWd to reptesent a merger of a mediation agreement betweoJl th~:: parties. To the extent there exist any differences bGtween the mediation agree!uellt and this order, this order shall control in all instances. Discharge from DiscoveJ%.Rr..te.l:l.tion Requircnrent
IT JS ORDERED that th~ p&ties and their respective attorneys are dischnrged fi·om the reqtrirei.nent ofke!.'ping and morit\g the docnment~ produced iu this case in accordance with rule 191.4(d) of'1he T~as Rules cgf Civil Procedure.
All provision ... <~ o.fthe pridr De~ree <1fDivotce that are not modified remain il1 full force and effect. IT rs ORDERED that all reH~frequ.ested in this ca'!!e and nbt expre:isly gtanted is dertied.
J~DGt}Y,f~.HJtlfCIAL DISTRIG COURT ACTING *39 FOH ~~JUDICIAL DISTRICT COURT OF OA.ll.t\S COUNTY I TEXAS
c? a - 1 c w& -vcsc a ; Ord~r tn Suit IJ.(Jecalt~ fhe Par®t Clltfa )Wattcmsftfp 02/221 201 2 '!'c O 18 : 49 (T X/ RX NO 978 7) @036
03 /07 /2012 WED 15 : 44
[TX /RX NO 9967] @036
P. 37/38
0. 06 76 MAR. 7. 2012 3: 48PM QU IL LI NG SELANDER P. 37/38 NO. QS16 FEB. 22.2012 4:52PM QUllllt~G SELANDER APPROVED A.S TO FORM ONLY: QUlLLtNG SEl.1ANDER LOWNDS WINSL~T! MOSER 2001 Bryan Street, Suite 1800 Dalles, TX 75201 Tel: (214) 871 -2100 Fax: (214) S71·21 1 McCurley, Orsingerb McCurley, Nelson & Downing, L.L .. P. 5959 Sherry Lane, S\lite 800 Della.s, Texas 75225 Tel: (214) 273-2400 Fax: (214) 273-'2410
j By:~~ RY. kffil{liAM State~N:.24071100 Attor.ney for BRYAN ROWES
*40 02/22/2 012 WEtl 16:48 (TX/RX HO 9167 ) ® 0 31' 03/0 7/ 2012 \YEO 15 : 44 [TX/RX HO 9 987] ~0 3 7 P. 38/38 NO. 06 76 QU ILL ING SELANDER MAR. 7. 2 0 1 2 3 : 4 8 PM
P. 38/38
NO. 0576 QUILLING SELANDER FEB. 22. 2012 4:52PM APPROVED P,.ND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE: *41 - ' Page 36 02122/20 12 WED 16 :4 6 [ TX /AX liO ~1'7 67) r?Jl 0$1;1 03/07/2012 WED 15.44 (T X/ RX 1~0 SS67] ~ 038 Page 1
PROTECTIVE ORDER HEARING, APRIL 11 , 20 14
REPORTER'S RECORD VOLUME 1 OF 1 CAUSE NO . DF-09-18237 IN THE INTEREST OF IN THE COUNTY COURT
DALLAS COU NTY , TEXAS
--
256TH JUDICIAL DISTRICT
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PROTECTIVE ORDER HEARING
************************************************************ *42 17 18 19 20 On the 11th day of April, 2014, the following 21 roce edi ngs came on to be beard in the above-entitled and 22 numbered cause before the Associate Judge, Honorab le 23 raciela Olvera , George L. Allen, Sr. Courthouse, and held 24 n Dallas County, Texas , and without a jury: 25 Proceedings were reported by machine shorthand.
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1 A P P E A R A N C E S 2 r. Frederick S . Adams , Jr. 3 UILLING , SELANDER , LOWNDS , WINSLETT & MOSER, PC Street 4 uite 1800 allas , Texas 75201 5 871-2 1 00 (tel) 871-2 111 (fax) adams@qslwm . com
COUNSEL FOR THE MOVANT
-...
RESPONDENT, PRO SE
*43 1 7 1 8 19 20 21 22 23 24 25
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VOLUME 1
2 3 APRIL 11, 2014 PAGE 4 Appearances ... .. . .. .. ... . . . . . . . . . . . . . . . . . . . . . . . . . ... . 02
5 MOVANT ' S WITNESSES :
6 Direct Cross StatemeDt 7 KATY TILLOTSON 07:05 26 : 24 50:23 58 : 13
BRYAN ROWES 59:16 60:25 8 FRED ADAMS 9 Movant Rests...... . . . . . . . . . .... . . . . . . . . . . ... . . . . . . . . . . . 64
Respondent Rests.. . .. . . . . . . . . . . . . . . . . . . . ... . .. .. . ... .. . 64 10 Judge ' s Ruling . . . . . . . . . . . . . . . . . . . . . . .. .. .. . · . . . . . . . . . . . . 65 Reporter ' s Certificate. . . . . . . . . ... ... . .. . . . . . . . . . . . . . . . 7 1 11 12 E X H I B I T S
13 MOVANT'S:
14 NO . DESCRIPTION ADMITTED OFFERED 15 01 Email . . . . . . . . . . . . . . . . . . . . . . . 10 10
02 11 Admissions .. . . . . . . . . . ... ... . 11 16 03 Responses . . . . . . . . . . . . . . . . . . . 12 12 04 13 Letter . . . . . . . . . . . . . . . . . . . . . . 13 17 05 15 16 Audio recording . . .. .. .. . . . . 06 16 16 Message . . . . . . .. . . . . . . . . . . . . . 18 07 17 17 Timeline .. . . . . ... . . . . . . . . . . . 18 18 08 Dr. Albritton ' s report . ... . . 19 09 Email to Carrie Baeird ... .. . 21 21 *44 10 Email to Mr. Rowes . .. . . . . . . . 21 21 20 13 Email . . . . . . . . . . . . . . . . . . . . . . . 52 53 21
RESPONDENT'S :
22 01 Letter to Mr . Adams .. . . . . . . . 27 27 23 02 Letter . . . . . . . . . . . . . . . . . . . . . . 33 n/a 33 02 Text message . . . . . . . . . . . . . . . . 33 24 03 Dr . Albritton ' s report . . . . . . 39 n/a 25 (All Exhibits retained by Judge Olvera . )
WENDY WARD ROBERTS & ASSOCIATES, INC. TOLL FREE 866.487.3376 P~4 PROTECTIVE ORDER HEARING , APRIL 11, 2014 P R 0 C E E 0 I N G S 1 2 THE COURT : What do you have? MR . ROWES: Just a request to review 3 4 documents .
THE COURT : It ' s to unseal the MR. ROWES : It ' s not to take . It ' s just to
review downstairs . THE COURT : Review what? MR . ROWES : The original temporary
restraining order . I just want to look at it. THE COURT : Don ' t you have a copy? MR . ADAMS: You got a copy the day we were
in court . MR. ROWES: I believe I did . I can't find it. MR . ADAMS : I don ' t want to unseal this file 17 under any set of circumstances. I don ' t think this is necessary 18 THE COURT: *45 19 because you ' re a party to the lawsuit , Mr . Rowes . You 20 should be able to access the records.
MR . ROWES : I thought I would be able tor 21 22 but they wouldn ' t let me downstairs . THE COURT : Do you have an extra copy of the 23 24 TRO? MR. ADAMS : The TRO or the protective order? 25
WENDY WARD ROBERTS & ASSOCIATES , INC. TOLL FREE 866 . 487.3376 PROTECTIVE ORDER HEARING, APRIL 11 , 2014 MR . ROWES : I want a copy of the original 1 2 draft, the judge ' s draft. THE COURT : What do you mean the draft? 3 4 MR . ADAMS : You mean the associate judge ' s 5 recommendation , the one she handwrote? I don ' t have that 6 with me . 7 THE COURT : What is it? MR . ROWES : The one you handwro t e , the 8 9 recommendations. THE COURT : Do you remember what date it
10 11 was? MR . ROWES : October 3rd . 12 THE COURT : Of last year? 13
MR . ROWES : Yes . 14 THE COURT : And you just want the TRO? 15 MR . ROWES : Yes , ma ' am . 16
MR. ADAMS : Let me see whic h one that is . 17 18 Is that the one you ' re looking for? *46 MR . ROWES : No. It ' s the one with the 19 20 carbon copies . You know what I ' m talking about? 21 MR. ADAMS : The associate judge ' s record. 22 THE COURT : From what date? MR . ROWES : The 3rd . 23 THE COURT : I didn ' t wr ite up one on the 24 25 3rd .
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MR . ROWES: Then it must have been on the 1 2 14th . Sorry . Thank you , Your Honor.
THE COURT: Oh, wait a minu te . You ' re ~issing a page. MR . ROWES: Oh, ~eah . THE COURT : Okay . Are we ready to get
started? MR. ADAMS: Yes, rna' am. THE COURT: Mr. Rowes , are you ready? MR. ROWES : Yes, rna' am. THE COURT : I ' m putting you on the clock for
an hour and a half each . Let me have t he parties and the 13 witnesses stand and raise your right hand. 14 MR. ROWES: I'm going to plead the Fifth, 15 Your Honor. 16 THE COURT: You need to raise your right 17 hand. (Witnesses sworn by Judge Olvera . ) 18 *47 19 THE COURT: Okay. You may be seated. Mr. Adams, call your first witness . 20 MR . ADAMS : Call Katy Tillo tson. 21 Sit in the one closest to the microphone. 22 THE COURT: Pull the microphone closer to 23 24 you, ma ' am. Whenever you ' re ready. 25
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KATY TILLOTSON,
having been first duly sworn , testified as follows:
DIRECT EXAMINATION
BY MR . ADAMS : Q_. Katy, do you understand that we ' re here today on your application for protective order under the Code of Criminal Procedure?
A. Yes, sir. Q. Before we do anything else , I want you to tell
this Court what happened about an hour ago. A . I walked into the courtroom, and my husband had dropped me off because he was parking( and I was supposed to meet Fred downstairs in the ca feteria , and so ' I was waiting outside the elevator to go down, and I l ook over , and Bryan is standing closer - -
I mean, he had walked up , and he was closer than you and I are (indicating) , and I said, I ' m 17 going down to the cafeteria , b eca use I assumed he wou ld be 18 going up , and he said , I know, so am I . And the door *48 19 opened , and he just wa l ked in, right past me, and I 20 obviously didn ' t get o n the elevator with him , and as it was 21 closing , I said , we have a protective order , and he just 22 smirked at me , and one of the sheriffs 23 Q . Dal l as county security? A. 24 Dallas county security had seen it happen and 25 came over, and I said , I have a protective order against
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1 him, he ' s not supposed to do that , and so, he escorted me 2 down to Fred , in the basement cafeteria, and he looked 3 around , and Bryan wasn ' t there.
Q. And then what happened while you and I were sitting at the table? A. He walked right past the cafeteria . Q. And stared in? A . Yeah , with a smirk on his face , trying to
intimidate me like he always does , like he ' s doing right Q. Are you fearful of Mr. Rowes?
A.
Yes . Q . Now , did you have the opportunity -- it ' s okay . THE CO URT : You wan t to hand her the Kleenex , Mr. Adams? MR . ADAMS : Yeah. A . The sheriff said , it ' s obvious he ' s just messing with her . He could have taken a different ele vator. He could have wai ted . I was there first. He saw me, and he *49 19 just passed me and got on the elevator before me. 20 Q . (BY MR. ADAMS) Did I make you a copy of the 21 records that I got from Mr . Rowes ' employer? A. Yes. 22 23 Q. Did you have an opportunity to review them a l l? A. 24 (W itnes s nods head.) Q. 25 Briefl y tell the Court what was in there .
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Everything . My entire life , basically. He had 1 A. 2 gone through years of my husband ' s emails , some of which I 3 was included on and some not. So often when I email Fred, I 4 cc my husband, and so he had my emails to Fred that Joe was 5 included on. There was a travel file where he had our 6 travel itineraries , flight information , hotel information , 7 all in this travel file. He had a password fi l e where he 8 had everything from my passwords to Shutterfly where I store 9 ~y family pictures to my personal bank accounts , student
10 loans . I mean , everything you can possibly imagine, our 11 iTunes accounts , and he had filed it. He had gone into 12 Joe ' s contacts and had things like our nanny ' s phone number . MR . ADAMS: May I approach the witness, Your 13 14 Honor? THE COURT: You may. 15 16 A. My sister ' s information. 17 Q. (BY MR. ADAMS) Let me show you what I ' ve marked 18 as Movant ' s 1. Do you recognize that to be part of those *50 19 documents? 20 A. Yep . 21 Q . Now , that was an email between you and 22 Mr . Tillotson exchanging informa tion , correct? 23 A. Yeah . This is what Bryan -- I think he just 24 compiled i t , but it is taken from these emails. 25 Q. Right. But you didn ' t put these headers on here
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1 where it says travel or -- A. Oh , no, booking date. I mean, he's known everywhere we ' ve been going for I don ' t know how long. MR. ADAMS: Offer Movant ' s 1. (Exhibit Movant ' s 1 offered.) THE COURT: I'll give you a minute to look
at i t , Mr. Rowes . A. He had things like -- (BY MR. ADAMS) Katy, you ' ve got to wait for a Q.
question . A. Sorry. THE COURT : Do you have any objections? MR. ROWES: No, Your Honor. THE COURT : Admitted. (Ex hi bit Movant ' s 1 admitted.) (BY MR. ADAMS) Now, you and Joe were going
Q. through counseling, were you not? A. Uh - huh. We were. *51 19 Q. Do you remember the abhorrent and offensive 20 admissions that Mr . Rowes sent to you? 21 Yes . Q . Let me show you what I ' ve marked as Movant ' s 2 22 23 and ask you if you recognize those? 24 A. Oh, yes , because I cried for hours after I saw 25 that.
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How many people knew that you and Joe were in Q. 1 2 counseling? A. My mother . 3 Q . You , Joe, and his business parter? 4 A. Me, Joe, his business parter, Buddy. 5 6 Q . That ' s it? A. I may have told a girlfriend , but not via 7 Yeah . 8 email. Q. There ' s no way that Mr. Rowes would know about 9
10 it? A. 11 No. Yet he asked you to admit or deny it , didn ' t he? 12 Q . A. {Witness nods head.) 13 14 Q. And that was before we discovered the email 15 invasion, correct? A. {Witness nods head . ) 16 MR. ADAMS : Offer Movant ' s 2. 17 18 (Exhibit Movant ' s 2 offered . ) *52 19 THE COURT: Any objection? MR. ROWES: No , Your Ho nor. 20 21 THE COURT : Admitted . (Exhibit Movant ' s 2 admitted . ) 22 (BY MR . ADAMS) Do you recall that one of the 23 Q. 24 interrogatories I asked Mr . Rowes was to give me the source 25 of his information for those requests?
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A. Yes. 1 Show you Movant ' s 3, and are those his responses Q . 2 3 to that interrogatory?
A.
Yes. 4 And with regard to the first admission, he says, 5 Q . 6 I don ' t have a source? Yes. 7 A . MR. ROWES : No objection . 8
MR. ADAMS : Offer 3. THE COURT: I ' ll admit 3 with no objection. 10 (Exhibit Movant ' s 3 offered and admitted.) 11
(BY MR. ADAMS) Do you remember when we had the Q . 12 13 first hearing about the letter that was disseminated around 14 your neighborhood? A. Yes. 15 Mr. Rowes denied being the author of that letter? 16 Q. Yes. 17 A. Do you recognize Movant ' s 4 to be that letter? Q. 18 *53 A . Yes. 19 Q. And tell the Court to refresh her recollection 20 21 when that was disseminated around your neighborhood. It was postmarked September 11th of 2013 . 22 A . 23 Q. Okay. 24 A . And so Q. And it ' s the letter that says you and your 25
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1 husband are -- A . Sex offenders . Q. It also says you ' re in co unseling, doesn ' t it? A . Uh-huh .
MR. ADAMS: Offer Movant ' s 4. {Exhibit Movant ' s 4 offered . ) THE COURT : Any objection , Mr . Rowes? MR. ROWES: No, Your Honor. THE COURT: Admitted. (Exhibit Movant ' s 4 admitted.) (BY MR. ADAMS) Is there anything else about that
Q . letter that makes you believe that Mr. Rowes is the author? A. Yes . What is that? Q. A. Well, there's a few things. His ema i l to
16 Rothstein Kass from h is personal email was -- he got all the 17 stuff off of his computer, I believe , to protect himself, 18 and that was all done on September lOth. The letter was *54 19 postmarked September 11th . There ' s the wording he used to 20 his sister before he planned to extort me on July 24th where 21 he uses the word sex offender . He doesn ' t use that later 22 until that let ter was sent out . It specifically uses the 23 word sex offender. 24 Q. Is there other phraseology in there? 25 A. I believe there was, but without --
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Q. Did he use the phrase that disseminating this 1 2 information was the responsible thing to do?
A. Yes. Q. Has he used that phrase in other communications? (Wi~ness nods head.) He ' s obligated. He ' s A .
responsible. That ' s common . Q. Has he communicated hurtful and embarrassing information to parents , officials at your children ' s school and your church?·
A. Yes. In fact, in those emails were your wedding vows, Q.
weren't tbere? A . Yeah . He had saved our wedding vows. He had saved a newborn session that I had done with our one-and - a - half - year - old , pictures of me and my newborn child . No pictures of his children, but professional pictures of me and my baby.
MR . ADAMS : Your Honor , how much do you *55 19 remember from the prior hearing? I don ' t want to be 20 duplicative but THE COURT : I remember it. 21 22 MR. ADAMS : Okay . Q. (BY MR . ADAMS) You had had a telephone 23 24 conversation with Mr. Rowes that predated that letter, 25 didn ' t you?
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1 A . Oh , the -- Q. Where h e threatened you? 2 A. Yes. I have a recording of that and a 3 4 transcription of it. Q. You made a transcript from that recording ; isn ' t 5 6 that correct? 7 A. Yes . Yes, sir. MR. ADAMS: May I approach? 8
THE COURT : You may . 9 (BY MR . ADAMS) Is Movan t ' s 5 an accurate 10 Q. 11 transcrip t of tha t recording? 12 A. Yes. MR . ADAMS: Offer Movant ' s 5 . 13 (Exhibit Movant ' s 5 offered . ) 14 MR . ROWES: Objection . 15 THE COURT: Excuse me ? 16 MR. ROWES : Objection . It ' s not accurate. 17 THE COURT : It ' s not what? 18 *56 MR . ROWES : The transcription is not 19 20 accurate . 21 THE COURT : The transcription does not 22 adhere to t h e recording? 23 MR. ROWES : That ' s correct . 24 THE COURT : Do you have the recording? 25 THE WI TNESS : I have the recording .
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MR. ADAMS : Yeah . Hang on just a second . 1 THE COURT : Do you h ave any objection to 2 3 admitting the recording? MR . ROWES : No , Your Honor. 4 THE COURT : I 'l l.admit the recording . 5 (Exhibit Movant ' s 5 admitted . ) 6 (BY MR. ADAMS) Let me show you Movant ' s 6 and ask Q. 7 8 you if you recognize this? A. Yes . 9
10 Q. What is it? A . It is -- after the l etter went out , the 11 12 businesses , not Joe and I , but the businesses sued him , and 13 he sent me this message , I believe , the next day. 14 MR. ADAMS : Offer Movant ' s 6 . 15 (Exhibit Movant ' s 6 offered.) 16 THE COURT: Any object i on , Mr . Rowes? MR. ROWES: No , Your Honor . 17 THE COURT : Admitted . 18 *57 (Exhibit Movant ' s 6 admitted . ) 19 Q. (BY MR. ADAMS) And in Movant ' s 6 , he threatens to 20 21 make your children witnesses in that proceeding; isn ' t that 22 cor re ct? Yes, as wel l as other St. Monica parents. 23 A . Q. In order to move things along a little quicker , 24 25 let me show yo u Movant ' s 7 , and is that a t i mel in e that you
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1 created? A. Yeah . 2 If I were to ask you about each and every item on 3 Q . 4 there, would your answers be the same as is what's reflected 5 on Movant ' s 7? A. Yeah . 6 MR. ADAMS : Offer Mov ant ' s 7 as a summary of 7 8 testi mony . (Exhibit Movant ' s 7 offered .) 9 MR. ROWES : Objection . This predates the
10 11 March 2012 previous order. MR. ADAMS : I think we ' ve pretty much proved 12 13 up a continuing course of conduct , Your Honor . I ' ll overrule that objection . 14 THE COURT : 15 Do you have any other objection , Mr . Rowes? 16 MR . ROWES : No , Your Honor. 17 THE COURT : Admitted . (Exhibit Movant ' s 7 admitted . ) 18 *58 Q. (BY MR. ADAMS) You ' re asking this Court , in 19 20 addition on o ur other motion, to release the info rmation 21 from the compute rs and phones that Mr. Rowes turned over to 22 the Court and that has been mirrored by Lance so that we can 23 see what other damage has been done to your life? A. 24 Uh-huh. 25 Q. You have to say yes.
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A. Yes . Sorry . Yes. MR. ADAMS : Your Honor, I received Dr . Albritton's report , and since this was a sealed file , they couldn ' t file it , so they asked that I file it, which I will do after this hearing , but I brought the Court a copy and marked it as Exhibit 8.
THE COURT : Any objection , Mr. Rowes? MR . ROWES : No , Your Honor. THE COURT : Admitted . (Exhibit Movant ' s 8 offerd and admit ted . ) (BY MR. ADAMS) Do you remember during our last
Q . proceeding , in reviewing the bank statements that he produced , you came across a purchase for a GPS tracking device? Yes , sir.
A. Q. Do you remember what Mr . Rowes ' excuse for it
was? MR . ROWES : Objection , Your Honor. This is *59 19 not only irrelevant , but it predates the prior hearing. TH E COURT: Overruled. 20 Q. (BY MR. ADAMS) What was his excuse? 21 A. His excuse was that he bought the $400 22 23 every-ten-second-location GPS tracker to put on his own car 24 and track his mileage because he was very frugal and he 25 wanted to be able to make the best purchase for a car .
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Q . I know you haven ' t had an opportunity to review Dr. Albritton ' s report , but would it surprise you to know he gave a different excuse to Dr. Albritton?
A. No . Were there a~so attorney-client communications in Q .
the email stack that we got Mr . Rowes ' employer? A. Excuse me? I ' m sorry. I was distracted. Someone else was in here, and I thought it was sealed. Sorry .
(Unidentified person exits courtroom . ) (BY MR. ADAMS) Were there communications between Q. you and I that were covered under the attorney-client privilege?
A. Yes. Q. Is that disturbing to you? A . Yes . Q. Were there ernails between you and Mr. Ti l lotson
regarding counseling? *60 Yeah, and our marriage going back to like 2010 , 1 9 A. 20 very, very personal ernails between my husband and I. 21 Do you feel violated? Q . Yes . A. 22 Has Mr. Rowes engaged in behavior for no other Q. 23 24 purpose than to harrass and intimidate you? I think all of this is that . 25 A. Yeah .
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Q . Describe his be h avior at your ch i ld ' s first 1 2 communion.
A. Oh , he -- wel l, he had tried to stop it all weekend by ca ll ing the priest and the church office and all I was worried he was this stuff , and I knew about that. going to show up . He ;;howed up . He -- the church was packed. He sat on a pew a few aisles over , and through most of it, he texted . He was all sprawled out , I mean , tota l ly disrespectful , and then when other peop l e were sitting , he would stand with his arms up l ike this , like posturing. I mean , so I spent the whole time afra id that he was going to like s tart shouting or you know Did you end up leaving i mmediately after t he
Q. proceedings? A. Yes. Okay . Has he also been spotted parked in front Q.
of your house? A. Yes . *61 19 Q . When it wasn ' t a day or t ime for him to pick up 20 the children? A. 21 Yes . 22 Q . Does that d i sturb you? 23 A. Yes . He admitted that , too . 24 Q. Has he also repeatedly refused your request to 25 stop ca ll ing un til this Court entered an order?
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A. Uh-huh. Yes . 1 Has he cal l ed since the Court entered the order? 2 Q.
The TR -- no . A. 3 MR. ADAMS : Madam Court Reporter , I lost 4 s track ; What number am l on? I think 9 . Yeah, 9 . THE REPORTER : 6 (BY MR . ADAMS) Let me show you Movant ' s 9 and ask 7 Q. 8 you if that ' s an email that you sent to the parenting 9 facilitator, Carrie Beaird~ about his behavior? A. Yes .
10 MR. ADAMS: Offer Movant's 9. 11 {Exhibit Movant ' s 9 offered . ) 12 THE COURT: Any objection? 13 14 MR. ROWES: No, Your Honor . THE COURT: Admitted. 15 {Exhibit Movant's 9 admitted . ) 16 17 Q . {BY MR. ADAMS) Let me show you Movant ' s 10 and 18 ask i f this is an email that you sent to Mr. Rowes regarding *62 19 his behavior? Yes. 20 A . 21 MR. ADAMS : Offer Movant ' s 10 . {Exhibit Movant ' s 10 offered . ) 22 THE COURT : Any objections , Mr . Rowes? 23 MR. ROWES : No objection. 24 THE COURT: Admitted . 25
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(Exhibit Movant ' s 10 admitted . ) Q . (BY MR . ADAMS) Did you retain me and agree to pay me a reasonable fee for prosecuting this applicat i on for protective order?
A. Yes. Q. Did Mr . Rowes ever claim to have a private
investigator? A. Yes. And is that where he claims to have gotten the Q.
information that now appears ca me from Joe ' s emails? A. Yes. Q . Who all has he told of his complaints during your
marriage? He told the principal at my children ' s school. A . Q. Specifically , he ' s told him you had an affa i r? A. Uh-huh. Yes . Q. Okay . Who else? I know he ' s -- from the email, I know that his A.
*63 19 sister knew probably that h e had hacked into her e mail, but 20 definitely they had discussed the information that was 21 contained in there . He has sent -- I mean , one of the 22 emai l s in there -- 23 Has he told anybody at church? Q . 24 A. Th e Dad's Club president , yeah . ' s basketbal l 25 coach . Not about this specific -- the information from the
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1 e mails definitely I know went to his sister and our 2 neighborhood. Q. Before you and Mr . Rowes divorced, did he 3 4 acknow l edge to you having placed a key logger on yours and 5 someone else ' s computer? A. He tried to put it on mine, but was unable to 6 7 b ecause it was a Mac . He put it on my grandfather ' s 8 personal computer . That was how I found it . He put one on 9 my mother ' s comp uter at her h ome . He was doing computer
10 work for her , and he put a key logger on her computer. Q. Did he admit th is? 11 12 A. Yes. 13 Q. Was there also ema i l transmissions abo u t one of 14 the condominiums next to t h e Katy Trail Ice House that the re 15 was a conflict between the re sidents and Katy Trail Ice 16 House? A. Yes . He to l d his sister that was one of the 17 18 threats he was going to make was t o interfere with that *64 19 lawsuit. The only way he would have lear ned of that is by 20 Q . 21 Joe ' s emails , correct? A . Yes . 22 23 Q. Does it scare you that he knew every time Joe was 24 out of town? Yes , and that we were out of town . We to ok a 25 A.
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1 two-week trip in the summer , and he knew that our house was empty for two weeks.
Q. He also had occasion to call your boss? A . Yes. Q. What information did he share with your boss? He called my boss four or five times on a Sunday. A.
When she finally talked to him the next week, he tried to disseminate personal information about me, like that I had an affair , and he talked to one of my coworkers. He also
attempted to disseminate personal information about me to her . My boss , in response, sent me the Workplace Violence Act that Children ' s has in p l ace, and my boss last week told me that her fear --
MR . ROWES: Objection , Your Honor, relevance. THE COURT: I ' ll overrule as to relevance. Do you have any other objections? MR . ROWES: Hearsay. *65 THE COURT: Sustain hearsay. 19 Q. (BY MR . ADAMS) Don ' t tell me what somebody else 20 21 said . A. Okay. 22 Q. Did it concern you when he responded to our 23 24 Rule 194 request for disclosure that he listed every teacher 25 and every parent in St. Monica on there?
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A. Yeah . I can ' t really figure out where he got 1 2 that list. It was a random mi x of parents from both I don ' t even know a l l of those parents . 3 children ' s grades . 4 I wouldn ' t know who their chi l dren were . Some of the m, I 5 do . Some of them , I don ' t. It was like he just went 6 through t he directory and kind of randomly c h ose peop l e , and 7 our son was on there as a potential witness also. 8 Q. Does that concern you? Yes . A. 9 Has he been verbally abusive to you?
10 Q . A . Yes . 11 Tell the Court what types of things he ' s said to 12 Q . 13 you. A. T hings s u ch as , I ' m sorry for what I ' m going to 14 15 have to do . Did h e ever tell you what that was? 16 Q . And then I wou l d say , wh at are you going to have 17 A . 18 to do , Bryan? What are you going to have to do?
*66 MR. ROWES : Objection , hearsay. 19 TH E COURT : They ' re your statements. 20 MR . ROWES : I ' m sorry? 21 22 THE COURT : They ' re your statements , 23 .Mr . Rowes. They ' re not hearsay . 24 MR. ROWES : Okay . A. Lots of , I ' m sorry fo r wh at I ' m going to have to 25
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1 do and then not telling me . Over and over , I mean, calling 2 e a whore countless times. One of them is even in an 3 email. He told me -- apologize for my language -- one time I mean, 4 that I would spread my legs for any rich dick. 5 there ' s so much. He told me that he was going to buy a gun. 6 He had already picked one out. I expressed concern. 7 At that point, he had been very suicidal. He was 8 living in Wisconsin . I expressed concern that he was going I said, 9 to hurt himself , and he said, it ' s not to hurt me . I asked him
10 who are you going to hurt? He didn't answer. 11 several more times then, are you going to hurt me, Bryan? 12 No answer. Are you going to hurt me? No answer. It was 13 like three times before he said real sarcastically, no, 14 Katy, I'm not going to hurt you, but Q. Did that place you in fear? 15 16 A. Yes. I was a single parent. I didn ' t have money 17 for an alarm system, so I went to Home Depot and got those 18 stupid little pool alarms so that if any of my doors opened *67 19 I would hear it, and I slept downstairs on my couch. 20 MR . ADAMS: Pass the witness. 21 THE COURT: Mr. Rowes? 22 CROSS-EXAMINATION
23 BY MR . ROWES:
24 Q . On October 8th, 2013 MR. ROWES: May I approach , Your Honor? 25
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THE COURT : You may. 1 Q. 2 (BY MR. ROWES) On October 8th , 2013 , right after 3 the trial started , I sent a letter to your attorney . Can 4 you, please , read it? A. It says , Dear 5 MR . ADAMS : Objection , reading from a 6 7 document not in evidence . THE COURT : Sustained. 8 MR . ROWES : Motion to enter as evidence. 9 MR. ADAMS : Has it got a n umber on it?
10 MR . ROWES : It has a letter . 11 THE COURT : What is it , Mr. Rowes? 12 MR . ROWES : Exhibit A. It ' s a letter from 13 14 myself to opposing counsel. 15 THE COURT : And you ' re offering that as your 16 first exhibit? 1 7 MR. ROWES : Yes, Your Honor . 18 (Exhibit Respondent's 1 offered . } *68 THE COURT : Any objection? 19 MR . ADAMS: No objection . 20 21 THE COURT: Admitted . 22 (Exhibit Respondent ' s 1 admitted.} (BY MR . ROWES) Can you , please , read the 23 Q . 24 document , Katy? A. Can I read it? 25
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1 Q . Please. A. Dear Fred, you may or may not be aware of the 2 3 fact that your client and her family have been barraging me 4 and my family with emails , texts, and phone calls to 5 continue in their pattern of false allegations in ~ variety 6 of ways. You also may or may not know the reason your 7 client has also been having me followed. Several times over 8 this past weekend I had to call 911 to limit their 9 intrusion. I was notified at work last week security at my
10 office had to remove an individual hired by your client for 11 trespassing while taking photographs . I was also told he 12 was spotted outside taking photographs of me. 13 In short , my family and I will not stand for this 14 continued harassment. I would appreciate her and her family 15 to refrain from such communications which seem to be 16 slanderous at minimum and such invasive behavior . 17 Additionally, I ask that you, please, turn over any material 18 that was obtained illegally, whether while trespassing or *69 19 otherwise. I ' ve had to request your client from refraining 20 from such behavior on numerous occasions. My attorneys have 21 also requested you directly to intervene on at least two 22 occasions on exact l y the same sort of matter. Again , I 23 insist that your client cease and assist from such 24 harassment. 25 Q . I never received a response from you or your
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1 attorney . Did your attorney provide you with a copy of that document?
A. Yes, because this was also sent to the civil attorney for Katy Trail . Q . Since this l~tter, have you stopped contacting my family with accusations? I contacted your family when I found that --
A.
Q. Yes or no, please. A . Yes, I did. Q. Thank you . I mean , no , I have not ceased. Last week, A . I
12 spoke to your father . 13 Q . Okay. Since this letter , have you been having me 14 followed? Yes. One other time . 15 A . 16 Q. To my house? 17 A. Yes. To my work? 18 Q. *70 A . You weren ' t working. 19 20 Q. There ' s only one time since that letter on 21 October 8th that you had me followed? 22 A. Uh-huh . Yes . Are you aware that you were supposed to stay 500 23 Q. 24 feet from my house and work? A. Yes. 25
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Page 30 PROTECTIVE ORDER HEARING, APRIL 11, 2014 How mu ch money did you spend on these people 1 Q. 2 h aving me following me around? MR. ADAMS : Objection, relevance . 3 THE COURT : What is the relevance , 4 5 Mr. Rowes? MR. ROWES : I suppose I can ' t articulate it, 6 7 Your Honor. THE COURT : Then I'll sustain . 8 •9 Q. (BY MR . ROWES) About two weeks ago , on the 10 weekend of March 28th , you sent numerous messages to my 11 parents and sister, correct? 12 I sent two emails to your sister . I never called A . 13 her, even though you said she had to change her phone 14 number. 15 Q. Your father also sent numerous messages to them , 16 correct? MR . ADAMS : I didn ' t hear that. 17 I ' m sorry. A. Your father and my father have been speaking back 18 *71 19 and forth. 20 Q. (BY MR. ROWES) And you want ed them to come remove 21 ~e from the state of Texas or you ' re going to file criminal 22 charges , correct? A. They wanted to take you to Ohio to let things 23 24 ca l m down . Q. So when you called them , their response was to -- 25
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1 they offered just out of the blue to remove me from Texas? A. They said t hey would try to get ahold of you. 2 3 They weren't able . Your dad finally said that he sent the 4 police over to your house about 1:00 a . m. to check on you, that they were able to t?lk to you, and that what they wanted to do was take you to Ohio with them, but they wanted ~e to sign something stating that you were not abandoning the children. I said I was perfectly willing to do that. I drafted something. I sent an email to your dad. I just
wanted you out . Q. So it was your idea? A . It was their idea to take you to Ohio.
I
actually had suggested that one of them come stay with you pending this , to make sure that you didn ' t leave the house in the middle of th e night and try to ki ll me.
Q . Have you ever tried to get me to leave the city or the area? A. Yes . *72 19 Q. Carrie Beaird, our parenting facilitator, has 20 told you not to contact -- 21 MR. ADAMS: Objection , hearsay . 22 THE COURT: Sustained. Q. (BY MR . ROWES) Tr ue or fa lse, on numerous 23 24 occasions, you have to ld me that contacting any members of 25 your fa mily without your permission is harassment?
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A. Yes . Tr u e . 1 Q. Do you think there ' s any difference between me 2 3 contacting your fami l y and you con t acting mine?
A. I have on l y contacted your fami l y when I felt I 4 5 was in physical danger. When you sent t h em communications, did you call 6 Q. 7 ~ e any names? Did you call me a lunatic? A. After you mailed the letter to the neighborhood , 8 9 I said , your son is a lunatic .
10 Q. Have you ca lled me idiot? ' Probably . 11 A. Q. Stupid? 1 2 I may have said it was 13 A. I don ' t reme mber studid . 14 a stupid th i ng to do . Q. And you said ear l ier that you were aware that my 15 16 sister had to change her contact information to prevent your 17 harass ment? You sa i d that - - A. 18 *73 19 MR. ADAMS; Object i on , facts not in 20 evidence. THE COURT : I ' ll sustain that. 21 THE WITNESS: Do I answer t h at? 22 MR . ADAMS : No . 23 MR . ROWES: May I approach , Your Honor? 24 THE COURT: You may . 25
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MR. ROWES: Motion to enter into evidence 1 2 Exhibit 2. Sorry. 3 (Exhibit Respondent's 2 offered . )
THE COURT : You want to show it to Mr. Adams 4 5 first? Ma ' am? THE COURT : Any objections , Mr . Adams? 6 7 MR. ADAMS : Yeah . It ' s hearsay. THE COURT: It 's a letter , or what is it? 8
MR. ROWES : It ' s a letter --
9
10 MR . ADAMS: Written by Keith Nelson , 11 directed to-- I think it ' s directed to me. MR. ROWES : It ' s directed to you. It was 12 13 from my attorney . THE COURT: I ' ll sustain as to hearsay. 14 MR . ROWES: May I approach again? 15 MR. ADAMS : No objection. 16 MR . ROWES: Request to enter Exhibit 2 . 17 THE COURT : You don ' t have any objection , 18 *74 19 Mr . Adams? 20 MR . ADAMS: No , ma'am. 21 THE COURT : I ' ll admit it . (Exhibit Respondent ' s 2 offered and 22 23 admit ted . ) 24 Q. (BY MR. ROWES) Cou l d you , please -- this is a 25 text message on August 29th . The message says that you
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1 allege that I ' m having you followed , and because of that, 2 you should get a restraining order against me ; isn ' t that 3 correct? Yes, 4 A. Q . Ok~y . Do you think that if you ' re having me 5 6 followed that I should get a restraining order against you? 7 A. Aga i n , the difference was , the only reason I had 8 you fol l owed was fo ll owing two periods in whic h I believed 9 you would be highly escalated , and so I u sed a combination
10 of personal off-duty l aw enforcements at my home , but 11 because two of our daughters don ' t live with us a ll the 12 time , I wanted to know where yo u were so that they couldn ' t 13 go to t h eir mother ' s house , and you have their mother ' s 14 address and all of her personal information because you got 15 it from my husband ' s email. My only motive has been I don ' t care what you do 16 protecting my family and myself. 17 other than not hurt me . You allege that you have some documents that you 18 Q . *75 19 allege came from my old work comp u ter , correct? Yes . 20 A . 21 Q . They were put on a CD ; is that correct? I 22 believe that ' s -- I don ' t know . 23 A . You ' d have to ask Fred . And these documents conta i n emai l messages taken 24 Q. 25 from your ema il account , and you said and/or Joe ' s?
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A. Well, we rea l ized after -- i t took a long time to 1 2 go through the 500 pages or so. What we realized is that i t ' s all from my husband's . His emai l is hosted on a l aw firm ' s network , virtual private network, and so it ' s all from Joe's email , but I frequently -- we cc ' ed each other in lega l communications and everything else . Have you had any sort of forensic expert ana l yze
Q. your computers? MR. ADAMS : Objection . Calls for wor k product. TH E COURT : Sustained . (BY MR . ROWES) Do you have any belief that -- do Q. 13 you have any evidence that I accessed your electronic media, 14 computers , phones? Interestingly , I do. 15 A . Q. What's that? 16 17 A . We l l, one of the emails that you had down l oaded 18 included our iCloud information, and when I tried to log in *76 19 today , al l of the security questions had been changed. The 20 email had been changed , so I can ' t get into our iC l oud 21 account, and Fred had asked me to print out a copy from my 22 email of so mething he wanted to use today, and a mazing l y 23 enough , that copy is de l eted fro m my email account . Q . But do you h ave any evidence that I accessed your 24 25 electronic media? What you've stated is that --
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A. I don ' t have evidence . 1 Because you ' ve stated that these things -- Q . 2 3 A . Although we will . Sorry. Q . Have any of your accounts been accessed by an IP 4 5 address asociated with me? A. The FBI will fig u re that out when they look into 6 7 it . 8 Q. But we don ' t -- A. Not as of now, no . 9 Q . Okay. Other than the docs that allegedly contain
10 11 email messages , do you have any other evidence that I 12 accessed your email accounts? 13 A. You know a lot of information that you shouldn ' t 14 know . Q. So, I mean, what you ' re claiming , though, is that 15 16 I ' ve seen these documents. You're not stating -- I saw emai l s back and forth . That you ' ve 17 A . 18 accessed my account? *77 19 Q. Or Joe ' s , that I ' ve done that? 20 A. Yeah . I mean Q. 21 I believe -- 22 MR. ADAMS : Right here. Q. 23 (BY MR. ROWES) So you have evidence that I 24 possessed -- al l egedly possessed the emails , but you don't 25 have any evidence that I obtained this information over a
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1 ~ eriod of time? A. I ' m sorry . 2 That doesn ' t make sense to me . I 3 don ' t understand the question. So what I ' m saying is , the evidence you ' re 4 Q . 5 prov~ding is that I , at some point , possessed these , I owned 6 them , but you don ' t have any evidence that I went into your 7 email account and got them? You went i nt o Joe ' s e mail account and got them . A . 8
Q: Or Joe ' s email . Excuse me. 9 10 Yeah . It ' s right there . A . Q. So - - okay . 11 12 A . Yeah. 13 Q. I think I made my point . You ' ve stated these 14 document ' s contain attorney - client privilege , confidential 15 business information , personal health care info , and tr ave l 16 info. Do the documents con tain anything relevant to th is 17 case? 18 MR. ADAMS : Do they contain what? *78 MR . ROWES : Anything relevant to the case. 19 20 I mean, I had -- after the phone call with A. Yes . 21 you where we had the recording, I sent an email to Fred . I 22 cc ' ed Joe telling him exactly what had happened , that ~ryan 23 had made this phone call , I detailed it . 24 Q . (BY MR. ROWES) Anything outside of work product? A. I don ' t know what you mean by that . 25
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Anything ot h er than commun i cations between you Q. 1 2 and yo u r a tt orney? A. 3 I ' m
MR . ADAMS : I ' m n ot fol l owing i t eit h er . THE WITNESS : I don ' t understand what he ' s 5 6 asking. (BY MR . ROWES) Okay . Th at ' s fine . Is there 7 Q. 8 a n ything in those documents r elated to Ill and 111111 ?
A. Dist u rbingly , no . It ' s a l l about me . 9 Yes or no , have you -- 10 Q . A . We ll, there ' s travel information , I g u ess , yeah. 11 12 Q . Yes or no , have you ever accessed my mom ' s email 13 account without her k nowledge or permission? MR . ADAMS : Object ion , outside the scope of 14 15 the p l eadings and relevance. THE COURT : I will sustain that . 16 Q. (BY MR . ROWES) How d i d I find out that you were 17 18 having an a ffair? *79 MR. ADAMS : Objection , relevance . 19 T HE COURT : An affair? 20 MR . ROWES : Yes , Yo u r Honor. 21 THE COURT : We ' re here on a protective 22 23 order , Mr . Rowes . What does that have to do wi t h a 2 4 protective order? MR. ROWES : The way I found out was by 25
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1 reading her email , and so we ' re talking about the alleged 2 access of email. 3 THE COURT : Reading her email from where? 4 Where did you get access to her email? MR . ROWES : When we were married , we had a 5 6 computer . 7 THE COURT : Wh at does that have to do with 8 today ' s protect i ve order? MR . ROWES : I suppose I don ' t know how to 9
10 articulate that . I apologize . 11 THE COURT : I ' ll sustain then . 12 MR . ROWES : Move to enter Exhibit 3 . 13 (Exhibit Respondent ' s 3 offered . ) MR . ADAMS : It ' s already in evidence . Wait . 14 15 Dr . Albritton ' s report? 16 THE COURT: Yes , I have it . 1 7 MR . ROWES : Oka y. May I approach so t h e 18 witness can h ave a look at it? *80 Q . (MR . ROWES) Can you turn to Page 13, p l ease? 19 MR. ADAMS : Hang on a second . 20 21 Q. (BY MR . ROWES) I underlined a sentence in there . 22 Can you read it out loud , please? 23 A. Nevertheless , there ' s not a history of substance 24 abuse , psychotic thoughts , or physical aggression , which 25 would be most readily harmful to the Rowes children .
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Q.
1 So no evidence of or history of physical abuse or 2 even just aggression , correct? Is that what tha t says? A. It says physical aggression; however, after I had 3 4 this interview with him, I have been working with -- MR . ROWES : Objection. 5 THE COURT : Sustained. 6 Q. (BY MR. ROWES) You ' ve made you ' ve t alked a lo t 7 8 about the travel documents . Is t here any -- do you have any 9 proof that I accessed these travel documents or al l eged l y
10 accessed these documents prior to any of your t ravels? 11 Yeah . Well, it was you emailed it to yourself A. 12 on September lOth. Our last flight itinerary was from like, 13 I think it was September 6th , and you had pasted it in a 14 Word document with my Southwest Airlines number, times of 15 travel . 16 Q. So t he fligh t was on the 6th or the lOth? A. 17 It was on the 6th , but you emailed that document 18 to yourself on the lOth, so I don ' t know about anything *81 19 else. 20 Q. So at the best , the only thing you know is that I 21 allegedly had this document on the lOth , a few days after 22 your travel , correct? 23 A. Well, you created the document probably long 24 ~ efore that, but I know you emai l ed it . 25 Q. But you don ' t have any evidence or proof of that,
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Page4 1 PROT ECT I VE OR DER HEARING , APRIL 11 , 2014 1 correct? A . I don ' t know when you read any of that stuff , Bryan . Q . So it would be h ard to stalk you if I obtained this trave l information after you had trave l ed , correct? A. I don ' t know when you got it . Th at ' s a ll I can say . Q . And yo u also don ' t have any proof that I have that? A . I ' m sure Lance wil l be ab l e to figure it out . Q. Have I shown up at any of your locations
unexpectedly , any of these trave l times? No . A . Q. You ' ve said -- you sa i d earlier that I have been
cal l ing you really bad na mes. Do you have any evidence I ' ve said anyt h ing bad or called you anything bad since March 17 2012? You ca l l me bad things all the ti me . You tell me 18 A. *82 19 I ' m a terrible parent . 20 Q . Yes or no , since 21 A . Yes . Okay . I do. Do you have any ev i dence of that? 22 Q . A. Yes . The day after the ini t ial TRO was put into 23 24 effect , on October 3rd , you sent me an Our Fam i ly Wizard 25 message that basically stated that I was vio l ating our court
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1 order by getting a TRO and that it just showed my continued inabiliity to act in the best interest of our chi l dren , which is something you say a lot.
Q. I t ' s a l ittle different than these vulgar names you were saying before , though. I think there ' s a significant difference there. Would you disagree?
A. No. I agree that there ' s different levels of threats . Okay . And so, do you have any other of these Q. threats or claims since March 2012? Do you have any evidence at all to show since March 2012?
A. March 2012 or ' 13? 2012 . That was when the prior order was entered. Q. A. I have t housands of pages, so I can go through
15 that and figure it out , but off the top of my head, I don ' t 16 know . 17 Q. Okay . And nothing ' s been produced since Marc h 18 2012? *83 1 9 We had so much information that to be able to get A. 20 it in here , we couldn't bring everything . I ' ll be happy to 21 look. 22 MR. ROWES: Your Honor, t his is the 23 af fidavi ·t. May I approach? 24 THE COURT : Whic h affidavit? MR. ROWES: The affidavit submitted with the 25
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Page 43 PROTECTIVE ORDER HEARING , APR IL 11 , 2014 1 current motion. MR. ADAMS : He can question he r from the 2 I ' ll give her a copy of 3 counsel table about the affidavit . 4 it. Do you have a spare copy? Q . (BY MR . ROWES) The only t hing.relevan t in your 5 6 affidavit that occurred since March 2012 or possibly since 7 March o f 2012 , the first one would be Number 5. You state 8 through the following year , all - - I called up to 30 times a 9 day, threa tened to take the kids , called e~tended family ,
10 called fi v e members between 1 2 :00 and 4 : 00a.m., threatened 11 to ca ll your grandfather in the middle of the night , called 12 police multiple times . Katy , do you remember in the previous hearing 13 14 where you said I hard l y ever call you, maybe once every 15 other month? A. That ' s now. This is divorce and through the 16 17 following yea rs. Tha t would be 2009 and 2010 . Q. But you said through the following year? 18 *84 19 A. Right. The divorce was in 2009. Through the following year after the divorce? 20 Q. A. Right . 21 Okay. So that one isn ' t relevant either because 22 Q . 23 it occurred before March 2012. Number 11, you didn ' t state 24 when that happened . That incident actually happened in 25 2011 , didn ' t it?
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Page 44 PROTECTIVE ORDER HEARING , APRIL 11 , 2014 A. Yes . 1 Q. Okay . Number 12 , on November 19th , 2012 , you 2 3 wrote that I called -- I ' m sorry. I ' m on the wrong line. Number 13 , since March 2012 , is there any 4 5 evidence of m ~ cal li ng you degrading na mes , behaviors when 6 !married , or any degrading names? I guess it wou l d be 7 duplicative . We ' ve already had that discussion . 8 In addition , on Line 13 , do you think it ' s 9 incongruo u s of you to object for my references -- for you to
10 object to me referencing your actions prior to March 2012 , 11 when that very doc u ment you ' re holding is rife wit h them? 12 MR. ADAMS : Objection . That ' s not relevant . 13 It ' s just her opinion. 14 THE COURT : I ' l l al l ow it . 15 A . You mean t h at I -- that I ' m saying you continue 16 to focus on the time we were married? 17 (BY MR . ROWES) Or anyt i me before March of 2012 . Q . A. 18 I be l ieve that ' s relevant because I believe *85 19 you ' ve been stalking me for years , and so i t shows a pattern 20 of be h avior. Q. Number 14, I think t h e judge can determine that . 21 22 Nu mber 15, you are requ ired to provide reasonable 23 telephone access to the kids ; is that correct? 24 Yes, and I have given you a way to do that, but A . 25 you don ' t want to do it because you want to call my phone .
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FREE 866 . 487 . 3376 Page 45 PROTECTIVE ORDER HEARING, APRIL 11 , 2014 Q . Katy , Judge Olvera instructed us to attend a 1 2 co-parenting class . Did you do that?
A. Do you mean in the -- in like 2010 , in the 3 4 temporary orders?
MR. ADAMS: How is that relevant? 5 MR. ROWES : I ' m discussing things in he r 6 7 affidavit that she submitted wi th this mot io n . THE WITN ESS : That was not in my affidavit . 8 THE COURT : Is that in the affidavit? 9
10 Because I don ' t remember reading that in the affidavit . MR . ROWES : It was not in the affidavit , but 11 12 one of the aspects they covered in the class addresses this 13 issue. THE COURT : I don ' t think it ' s relevant for 14 15 today ' s hearing . MR. ROWES: Okay . 16 17 Q . (BY MR. ROWES) So, basically, you don't allow me 18 to call the children? You screen the calls? *86 19 A. I asked that you call through my husband ' s ph one 20 ~ ecause I don ' t want you calling my phone . 21 But you actually require me to text first , don ' t Q . 22 you? A. Yes . I don ' t want you just calling all the time . 23 24 I want you to text , y'all arrange a time , and then figure it 25 out .
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Q. So you do screen my calls? 1 2 A. What does that mean? I arrange . Screen , 3 arrange. I mean, I wouldn ' t call that screening . I would 4 say, I don ' t want you calling our house all the time or my 5 phone, you know. Q. And then recall i ng what we said before, how often 6 7 have I cal l ed? You said like once every other month? Is 8 that right?
Wel l, now. Although -- 9 A. 10 Q . Since March 2012? A . After the TRO, you were calling my phone. 11 12 Q . But how often did I call? Do you have any 13 evidence of this? 14 A couple of times, but I told you not to. A . I told 15 you to go through Joe, j ust send him a text. We have been 16 very accommodating in that way . 17 Q . Since March 20 12, do you have any evidence that 18 shows that I have been to your house other than the times *87 19 you instructed me to? Yeah . I don ' t think I have it here, but I know 20 A. 21 there was a time when I to ld you not to come to my house and 22 you pulled up anyway . 23 Q. Since March 2012? 24 A . Yeah . I 'm trying to think when the pol i ce were 25 called . The last time the police were ca l led, I can ' t
WENDY WARD ROBERTS & ASSOCIATES, INC. TOLL FREE 866.487 . 3376 Page 47 PROTECTIVE ORDER HEARING , APRIL 11, 2014 1 remember the exact date, but that was definitely since March 2 of 20 12. Q. Have you ever -- have there ever been times when 3 4 you wouldn't allow the kids to come with me unless I came to 5 your. house? 6 A . Yes, for times outside of visitation. 7 MR . ROWES: Objection . {BY MR. ROWES} Are you aware that your attorney 8 Q. 9 has f~led -- we're on Number 16. Sorry . Are you aware that
10 your attorney has filed more motions than I have? A . I have no idea. 11 Q. Did you -- are you a ware that he filed a motion 12 13 to garnish my wages? A. Yes . 14 15 Q. Do you think that is more financia lly influential 16 than any of the motions that I've filed? A. 17 Yeah. He's trying to get my child support paid 18 and the chi ld ren's medical bills paid. *88 19 Q. Number 17 , do you have any evidence that I ' ve 20 said anything negative to any other parent of our chi l dren ' s 21 schoolmates? A. 22 Yeah. I think you and Amy had a long 23 conversation that sent you through the roof. Joe ' s ex-wife? 24 Q. A. Yes. 25
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1 Q . Anybody else? A. Well , you testified at the last hearing that you 2 3 had been talking to other parents about me drinking at some Girl Scout event .
Q . Did I testify that I was telling them that or that they were tell ing me that? A. I don ' t know. Y ' al l were talking abo ut it. Q . Have you said anything about me? A. Oh , actual ly, you know what? You just s ~nt an
email very recently to the president of the Dad ' s Club saying that you weren ' t going to be able to attend that ~eeting and that , as an aside , you should know that Joe Tillotson has barred you from going into any of his places , that ' s it ' s hard for you to go , even though he ' s only hosted one event there in two years and you ' ve never gone to any Dad ' s Club meeting anyway . Do you have any evidence that --N umb er 17 . Do
Q . 18 you have any evide nce that I said anyt h ing -- sorry . We *89 19 just went through that one . Number 25 , do you recall that Carrie Beaird has 20 21 instructed you not to diagnose me?
MR . ADAMS : Objection , calls for hearsay . 22 23 THE COURT : Sustained . (BY MR . ROWES) Other than this information 24 Q . 25 getting changed in o ne of these accounts that cannot -- you
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FREE 866 .48 7 . 3376 Page 49 PROTECTIVE ORDER HEARING, APRIL 11, 2014 1 don ' t have any evidence that I was involved at all , have you 2 -- and you say that I have passwords to all of your 3 accounts , is there any evidence that I accessed any of 4 these? A . Well , yeah. I couldn ' t log on to my iCloud 5 6 account today. You know information you shouldn ' t know , one 7 of which you ' ve mentioned during this hearing that I ' ll 8 talke to Fred about later , and one of my pieces of evidence 9 that I tried to print foT Fred today was mysteriously
10 de l eted from my email account. 11 But you don ' t have any evidence that I did these Q . 12 th ings? A. 13 No . Or you don ' t even ha ve evidence that it happened ; Q . 14 1 5 is that correct? 16 A. I do have evidence that it happened. 17 Q. But yo u just haven ' t admitted it? I can ' t log on to certain of my email accounts 18 A. *90 19 that you had access to . Admitted into court? 20 Q. A. No. 21 And you said on this CD, there ' s all sorts of Q. 22 2 3 folders. How many documents are on this CD? A. A mean , these are them . I don ' t know. I didn ' t 24 25 count .
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Q. Hundreds of documents? A . Yeah .
MR. ROWES: Okay. That ' s a l l , Your Honor . THE COURT : Anything else, Mr . Adams? MR. ADAMS: No, ma ' am . THE COURT: You may step down, ma ' am. Any other witnesses? MR . ADAMS: I have two o t her . THE COURT: Call your next witness . MR . ADAMS: Cal l Bryan Rowes. MR. ROWES: I ' m going to take the Fifth ,
Your Honor. THE COURT: You still need to take the stand , sir . You do have a right, Mr . Rowes , to take the 15 Fifth Amendment on any question that might expose you to 16 crimina l prosecution. I advise you of that right. MR . ROWES : Thank you . 17 THE COURT : Please continue. 18 *91 BRYAN ROWES , 19 20 having been first duly sworn , testified as follows : 21 DIRECT EXAM I NATION
22 BY MR . ADAMS :
Q. State your name for the record. 23 Bryan Rowes. 24 A . Now, you have repeatedly claimed that you did not 25 Q .
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1 get not i ce of my deposition on written questions to your 2 former employer ; is that correct? A. Correct . 3 4 Q. Isn ' t it also correct t h at Sharon at Document 5 Acquisition Services called you to te l l you that that notice 6 had been returned to her? A. 7 No . That is not correct . You never s p oke to h er? 8 Q . That is not correct either . 9 A .
10 Q. What did y o u - - what was the substance of your 11 conversation with her? I was -- I received a letter after the fact , and 12 A . 13 I called to inquire as to why I had not been notified . And you did purchase a GPS tracking device , 14 Q . 15 didn ' t yo u, s i r? 1 6 A . No , I did not. You rented i t . Excuse me . You ' re right . You 17 Q . 18 rented i t , didn ' t you? *92 A . Yes , I did . 19 2 0 Q. And what was your reasoning for doing that? I was about to lease a car , and so I had just 2 1 A. 22 moved , wanted to get an idea of the mi leage I would need on 23 a lease. 2 4 Q . Odometer would n ' t work for that purpose? 25 A . I mean , I thought it was a better- - I ' d get a
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1 better idea of my needs if I rented this little thing. Did you end up leasing a car? Q. 2 A . I did . Well, tec hnically, my parents leased it . 3 4 Katy ruined my credit , so I couldn ' t lease a car . MR . ADAMS : Objection , nonresponsive. 5 THE COURT : Sustained . 6 MR. ADAMS : Court ' s indulgence for just a 7 8 ~ inute. May I approach the witness? THE COUR~ : You may. 9 (BY MR. ADAMS) Do you recognize Movant ' s 13 as an
10 Q. 11 email you sent · to your sister? A. Take the Fifth . 12 Q . You can ' t take the Fifth on that. 13 THE COURT: Unless that exposes you to 14 15 criminal prosecution , sir , you have to answer that question . I think it might expose me, 16 THE WITNESS: 17 Your Honor. THE COURT : What is i t , Mr . Adams? 18 *93 MR. ADAMS: It ' s where he lays out his plan 19 I don ' t see 20 for the prosecution of this modification suit . 21 anything that leads THE COURT: You need to answer that 22 23 question, Mr. Rowes. Yes , I do . 24 A. MR. ADAMS : Offer Movant ' s 13 . 25
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(Exhibit Movant ' s 13 offered . ) 1 THE COURT : Any objections , Mr . Rowes? 2 MR . ROWES : No . 3 THE COURT : Admitted . 4 ( Exhibit Movant ' s 13 admitted . ) 5 (BY MR . ADAMS) So it ' s just happenstance that 6 Q . 7 wh en you ' re communicating with your sister , you refer to my 8 client or my client ' s husband as a sex offender? A.
. 9 Take the Fifth. THE COURT : Th at does not expose to you 10 11 criminal prosecution , Mr . Rowes . Okay. Can you ask the question again , please? 12 A . 13 Q. (BY MR . ADAMS) It ' s just happenstance that you 14 refer to them as sex offenders in that email that is shortly 15 before the letter gets disseminated in my client ' s 16 neighborhood? 17 A . It ' s just happ enstance? Is t hat what you sa i d? Q. 18 Yes . *94 A . I mean , poss ibly . I don ' t know how to answer 19 20 that question. Now, you had Ms . Tillotson read from 21 Q. 22 Dr . Albritton ' s report? 23 A. Yes . 24 Q. Did you read the conclusion? A. 25 Yes.
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That you ought to have supervised possession of 1 Q . 2 your kids because of your personality problems for the next 3 year and a ha l f while you undergo intensive psychotherapy? A. I did read that , yes . 4 Q . You , of course , don ' t thi n k there ' s anything 5 6 wrong with you? A. 7 Correct . Did you gain access to Joe Til l otson ' s email 8 Q. 9 account?
10 A . Take the Fifth . 11 Q. Are you refusing to ~nswer t h at question on the 12 basis t h at i t may tend to incriminate you? 1 3 A . Take the Fifth . 14 That ' s what I ' m as k ing . Q . A. Oh , I think that ' s what the Fifth means , yes. 15 16 MR . ADAMS : Ma y I approach the witness? T HE COURT : You may . 17 18 (BY MR . ADAMS) Do you recognize Movant ' s Exhibit Q . *95 19 14? 20 A . No . 21 Q. Isn ' t Movant ' s Exhibit 1 4 where you ' ve emailed 22 tillotson.docx to yourself at another address? 23 I just said I don ' t recognize it . A . 24 Q. You don ' t recognize yo u r own emails? A. Is that a question? 25
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Yes , sir. Q . 1 A. I don ' t know how to answer that question. 2 Q. Okay. You were let ' s move on to another 3 4 subject. You were ordered by thi s Court to deliver all 5 !memory devices , hard drives , computers, and cell phones to 6 the Court . Do you recall that? A. 7 Yes .
Q. You did not turn in your current cell phone; 8 9 isn ' t that correct?
10 A . Yeah. That's correct. 11 Q . Why not? 12 When I was packing everything in the box, I had A. 13 just forgotten it. When I got your email , I went to Lance 14 and delivered it to him . Q . Now , I sent you an email asking for the password 15 16 to the recorder and the -- I sent you an email how come 17 there's not a date on this thing -- on April 2nd; isn ' t that 18 correct? *96 A. I do not recall. 19 Q. 20 And you didn ' t turn that or give the password 21 unti l , what, Wednesday of this week? I tried to get it to him before that. 22 A. 23 Q. You actually took it directly to Lance , didn't 24 you? 25 A. Well, actually , the first time, no . You had the
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1 incorrect address on the motion [1] and so I brought it to an 2 apartment building, and then, yes, I brought it to Lance and 3 gave him the password and everything. Have you accessed my legal assistant ' s emai l ? 4 Q. No . Wha t do you mean? Her like email account? 5 A. 6 Q. Yes . A . No. 7 So it ' s just, again, happ enstance that an hour Q. 8 9 after I send a le tter to Lance telling him that I will
10 address those issues wi th the Court , you pick it up and get 11 the phone and the password to him? 12 A. I suppose that is happenstance then, yes. Have you accessed any of my email accounts? 13 Q. 14 A. I ' l l take the Fifth. You ' re taking the Fifth on whether you ' ve 15 Q . 16 accessed my email accounts? 17 A. I think so , ye s . All right , Mr. Rowes . What ' s your home address? 18 Q.
*97 A . •
19
A. - Q. What ' s the ZIP there? 20 21 Are you going to take the Fifth amendment to any 22 Q . 23 question I ask you regarding accessing either my or my 24 cl ient ' s emails or her husband ' s emails? 25 A. I t hink so , yes.
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I want a yes or a no . Q. No. 1 Okay. Yes then, because I ' ve already done it. A. 2 Q. Are you presently working? 3 A. No. 4 Why were you fired from your last employer? Q. 5 I was told that the legal expenses relating to A. 6 7 this case did not warrant my employment. Did they discuss with you the reams of
Q. Mr . Tillotson ' s emails that were. on the company ' s server? A. Nope . Q . What ' s your date of birth?
A.
Q. What color are your eyes? A. Brown . Hair , black? Q. Yeah , black , dark brown. A. Q . How tall are you? A. 5 ' 8 " . *98 Q. How much do you weigh?
19 A. 150 . 20 21 Q. Do you have any tattoos or scars? I have a little scar above my left eyebrow. 22 A. -·· What ' s your Social Security number? 23 Q. A. 24 25 Q. And your Texas driver ' s license number?
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1 A . I'm sorry . 111111 A. • Q . 2 3 MR. ADAMS: Pass the witness. 4 THE COURT : Mr. Rowes , you can make a 5 6 statement and testify , if you like; however , I am cautioning 7 you, Mr. Rowes , depending on what you say, it may open the 8 door to Mr. Ada ms questioning you about information that may 9 be pro~ected under the Fifth Amendment right . Do you
10 understand this? MR. ROWES: Yes , I do . 11 12 THE COURT: Do you have anything to say? 13 MR. ROWES: The only thing I have to say is 14 that the report that was produced by the forensic 15 sychologist stated that there has been no history of 16 physical aggression at all . We're here on a family 17 violence MR. ADAMS : Objection. No , we aren ' t . I'm 18 *99 19 here under a protective order. Under the Code of Cri minal 20 Procedure, stalking doesn ' t require family violence . 21 THE COURT : He is correct , Mr . Rowes. 22 MR. ROWES: Okay . The stalking statute also 23 states that the 24 MR . ADAMS : Objection , Your Honor . This is 25 argument, not testimony.
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THE COURT : I ' ll sustain that. This is a 1 2 time for testimony, sir.
MR. ROWES: Okay . Then I would testify -- I guess that ' s it. I ' m done. THE COURT: You have nothing else to add? MR. ROWES: I don't believe so , no. THE COURT: Anything else , Mr. Adams, of
th is witness? MR. ADAMS: ~o , ma ' am. THE COURT: You may step down , Mr. Rowes. Any other witnesses? MR. ADAMS: May I testify from the counsel
table? THE COURT: You may.
DIRECT EXAMINATION
MR. ADAMS : My name is Frederick S. Adams, I ' m licensed to practice law by the Supreme Court of Jr. the State of Texas and have been so licensed since October *100 19 of 1981 . I'm board certified in family law. I ' ve practiced 20 in and around Dallas County , Texas for 32 years and am 21 familiar with the reasonable and customary fees for 22 attorneys with my experience on matters such as this 23 application for protective order. I ' m also a member of the American Academy of 24 25 Matrimonial Lawyers , the Texas Academy of Famil y Law
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1 SpecialitsJ and the International Academy of Matrimonial I ' ve authored in excess of 20 continuing legal Lawyers. education articles, and it is my testimony that my hourly rate is $450 , and that ' s reasonable for an attorney of my experience.
I would further testify that the actual preparation of the application for protective order didn ' t take but probab l y an hour , but we ' ve made several appearances , and preparing for today ' s hearing , I have
expended eight hours in preparation going through the documents and time today, including preparing my client , three . So it ' s my testimony that I have expended 15 hours in the prosecution of this protective order , and none of that time relates to the defense of any of Mr . Rowes ' ~otions .
It ' s further my testimony that all of the actions I took were necessary for the protection of my client and that such a fee is reasonable and customary in *101 19 Dallas County, Texas. Pass myself. THE COURT : Do you have any questions of 20 21 him , Mr. Rowes?
MR . ROWES: Yes , Your Honor. 22
CROSS - EXAMINATION
23 24 BY MR. ROWES: You state in your affidavit that you called up 25 Q.
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1 the opposing attorney, the general counsel at my office, or 2 ~Y former office, and asked them about some documents in a 3 civil case; is that correct? A . No. Actually, what happened is I called -- when 4 5 I got the deposition on written questions back explaining 6 that there were no documents responsive to my request, I 7 sent him a letter saying I knew that he had produced 8 documents that were for in camera inspection in the civil 9 case and that I was wondering about why they responded in
10 the manner in which they did, and his response was that 11 somebody in HR had decided to fil l out that deposition on 12 wri t ten questions instead of sending it to legal, and it was 13 a mistake, and he asked if you had filed any objections to 14 i t . I told him you hadn ' t. He said he ' d send me the 15 documents, which he did. Q . 16 You were in the courtroom in that civil c ase on 17 the first dayf is that correct, first hearing? I don ' t know 18 A. I know I was in there one day. *102 19 whether it was the first day. 20 Q. Do you recall that the court records were sealed 21 in that? 22 A . No, but you ' ve told me that. Q. If the court records were sealed, how did 23 Okay. 24 you get that information? I just told you. I got i t from the general 25 A.
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1 counsel. 2 Q. You said you called the general counsel and to l d 3 him that there were documents produced for an in camera 4 review. How did you know t h at? A. I believe I was told by the attorney in the civil 5 6 !matter. 7 Q. And you had no ethical issues trying to acquire 8 documents that were produced in camera for another case?
A. I made a legitimate request for them in this 9 10 case . This case is seperate and apart. That case has 11 nothing to do ~ith this case, so , no, I had no ethical 12 qualms whatsoever. You also state that this civil case was an 1 3 Q. 14 ancillary case . Do you know what anci ll ary means? A. 15 Yes , I know what ancillary means. So it was a case to support this case? 16 Q . 17 A. No. My client in this case is Katy Tillotson. 18 The plaintiffs in the other case are separate business *103 19 entities , but there are facts in both of them regarding your 20 ~ ehavior that I believe have some level of commonality to 21 them. Q. Since you knew that the documents in that civil 22 23 case were· sealed, why didn ' t you ask me as we were leaving 24 one day about documents produced for in camera review? A . Well, first off , just because something is 25
WENDY WARD ROBERTS & ASSOCIATES, INC. TOLL FREE 866 .48 7.3376 PROTECTIVE ORDER HEARING, APRIL 11 , 2014 1 s i tting before the Court for in camera review is different , 2 separate , and apart from the file being sealed , and I 3 believe you ' re the one that brought up the discussion after 4 I mentioned to the Court that I had obtained these records 5 from general counsel , you brought up , how did you get them? 6 But it wasn ' t I that brought up that subject of 7 conversation . Are you aware that the s t ate of Texas requires 8 Q .
. 9 you to make a specific request when analyzing computers? A. 10 I am aware there ' s more than one way to 11 accomplish that . 12 But you want to know if there ' s any in your Q. 13 ~otion , you state that you are looking for any i l legal 14 activity? 15 A. I don ' t rememb er what the motion says .
Q.
16 Okay . A. I know we rou t inely mirror hard drives and phones 17 18 in divorce cases because it ' s re l evant evidence , because *104 19 there can be evidence related to what ' s in the best interes t 20 of the children . There can be evidence of all sorts of 21 things tha t, per se , may not be illegal , but would be 22 relevant for the Court to decide what is best for the 23 children . 24 Should we just h ave all parties ' computers and Q. 25 electronic media mirrored then?
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A . Why? You seem to have great access to my clients 1 2 without having it done. MR. ROWES : Objection . 3 4 TH E COURT: Susta in ed . (BY MR. ROWES) You are opposed to me looking at Q. 5 6 your c l ient ' s electronic media; is that correct? 7 No such request has been made . I ' ll deal with it A . 8 when it ' s made . MR . ROWES : Okay . That's .all , Your Honor . 9
10 THE COURT : Anything e l se? MR . ADAMS : No , ma ' a m. We rest . 11 12 THE COURT : Okay . Do you have any 13 witnesses, Mr . Rowes? MR. ROWES : No , Your Honor. 14 15 THE COURT : You r est as well? MR . ROWES : Yes . 16 17 THE COURT : Mr. Rowes? MR . ROWES : Yes , Your Honor? 18 *105 I 'm going to ask you , did you 1 9 THE COURT : 20 deliver all of your computers , hard drives, electronic 2 1 devices to the Court accord i ng to the order that was signed 22 before? MR . ROWES: Yes , Your Honor. 23 24 THE COURT : Including your phone and your 25 laptop that you ' re using right now?
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MR. ROWES : I mean , you have my laptop. THE COURT : You haven ' t come to pick it up? MR . ROWES : I have not. That ' s correct. THE COURT: And those are the only laptops
you have? MR . ROWES: That ' s cor re ct . THE COURT: Is there a reason why you
delivered to the Court just pieces of computers? . MR . ROWES : I tried to bring you everything that I had . I knew that -- I mean , it was in a box. I just didn ' t really know -- I mean , if it was l ike a who le 12 computer , I would have brought that, but it was I didn ' t want to not bring something , if that 13 disassembled . 14 ma kes sense. I'm going to authorize your 15 THE COURT : 16 expert , Mr. Adams, to go ahead and analyze the information. 17 I want the documents delivered to the Court for in camera 18 inspection , whatever is found there . *106 MR . ADAMS : Okay . 19 20 THE COURT : And if there ' s anything that is 21 p rotected by Mr. Rowes, either work product , as he had said 22 before -- 23 MR. ADAMS: Health related under HIPAA, I 24 understand . 25 THE COURT: And we ' re going to take that
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PROTECTIVE ORDER HEARING , APRIL 11 , 2014 1 out . I will even c o nsider , at that ti me , his argument as to 2 self-incrimination . However , Mr . Rowes , from what I ' ve 3 heard today , I am making a f i nding that there is probable 4 cause -- that pr o bab l e cause exists to believe that you have 5 committed an offense under Penal Cod e Section 42 . 072 , being 6 that you have engaged in conduct in the commission of the 7 offense indicates that defendant is like l y to engage in the 8 future in conduct proh i bited by Section 4 2 . 072 A 1 , 2 , or 3 9 of the Pena l Code , which does say you have committed some
10 acts , Mr . Rowes , t h at reasonably puts Ms. Tillotson in fear 11 of b odily injury , that you have committed actions that wou l d 12 constitute stalking of Ms . Ti l lotson , and I a m granting the 13 p rotective order for a period of two years from today , until 14 April the 11th , 2016 . 15 I am also ordering you , Mr. Rowes , to pay in 16 attorney ' s fees the amount of $5 , 000 for what she has spent 17 in prosecuting t h is protection or t h is order . You are to 18 pay that in monthly payments of $250 per month b egin n ing May *107 19 t h e 1st and contin u ing on the first day of each month 20 thereafter un t il it is paid in ful l. I am granting 21 Mr . Adams a judgment in t h at amount , with interest , at 22 5 percent per annual. 23 Do y o u have an order Mr . Adams? 24 MR . ADAMS : I do , Your Honor . My order 25 doesn ' t provide for the payout of t h e attorney ' s fees . I t
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1 says pay on a date certain . You can adjust it , and I will 2 prepare an order relative to the computer data . I didn ' t 3 know for sure exactly what you were going to do . I did not prepare an order for that. I ' l l tender it to Mr. Rowes.
THE COURT: Why don ' t you make these changes, Mr . Adams, back at your offic~ and send it to me? Because on the first pager it does say that he has committed family violence. Change that to the language --
MR . ADAMS : I did. I don ' t know how my -- I went through and corrected it all. She must have sent the wrong copy.
THE COURT : Okay. MR . ADAMS : Is the ex parte -- what day did
we sign the ex parte? THE COURT : It ' s good through today , the end of business today. It ' s 3 : 00 o ' c l ock . Or if you want to do 17 this, Mr. Adams , you ' ll have some time and won ' t be rushed, 18 get me an order to extend the ex parte . I will extend it *108 19 for a week so you can get me the order. I ' ll 20 MR. ADAMS : Very good , Your Honor . 21 have one faxed to the law library . May I step outside? 22 THE COURT : You may. We ' re off the record . (Short break taken.) 23 24 MR. ADAMS: I would like , with the Court ' s 25 indulgence, a specific finding in the order that he violated
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1 the ex parte protective order . The undisputed evidence 2 clearly indicates that he did . THE COURT : Violated it on what specific 3 4 day? MR. ADAMS : Today when he entered that 5 6 elevator and walked up and stood up next to my client . MR. ROWES : May I say something in my 7 8 defense , Your Honor? THE COURT : I'm going to caution you, what 9
10 you might say , again , Mr . Rowes, you have an absolute right 11 to take the Fifth whenever it has something to do with a 12 vio l ation of a protective order or the other offenses that 13 they are alleging that you committed , you may open the door 14 to further questioning. Do you understand that? 15 MR . ROWES : Yes , Your Honor. THE COURT: Go ahead . 16 17 MR . ROWES: Your Honor , I came into the 18 courthouse , went around the wa l l that ' s there . Katy was *109 19 there . The door -- I mean, we just kind of l ooked up at 20 each other . She said , I ' m going down . I said, I am , too , 21 just in response. And she backed up , so I just got in and 22 went d own . I did not kn ow that she was in the cafeteria. I 23 was just going , as I tried to give you before, the document 24 reques t . 25 THE COURT : I will take that request under
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1 advisement. I ' ll sign the order to extend it out a week and 2 take it under advisement. I ' ll let you know by Monday. MR . ADAMS : Okay . 3
THE COURT : You just want to go get one of ~ 5 the forms they have down in the law library? 6 MR . ADAMS : I ' m having one faxed to the law 7 l ibrary and I ' ll bring it to you . THE COURT : Do you want to excuse your 8 9 client so that one of the sheriffs can walk her ouc maybe?
10 MR . ADAMS: I would l ike the Court to 11 explain on the record to Mr . Rowes what a violation of a 12 protective order wil l garner him. 13 THE COURT: Violation of a protective order , 14 Mr . Rowes , is going to land you in jail. Do you understand 15 that? 16 MR . ROWES : Yes , Your Honor . 17 THE COURT : It i s a criminal offense. MR . ROWES: Yes , Your Honor . 18 *110 19 THE COURT : I didn ' t do criminal law, so I 20 don ' t know what exactly it ' s classified as . I believe i t ' s 21 a misdemeanor, Class A or B, but I ' m not very sure . 22 MR . ADAMS : I didn ' t practice crimina l law , 23 but I think it ' s an A. 24 THE COURT: A . It possibly carries some 25 jail time . I think it ' s a year or less , and a fine as we l l .
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Page 70 PROTECTIVE ORDER HEARING, APRIL 11, 2014 1 Do you understand that? MR. ROWES : Yes , Your Honor . 2 THE COURT : Aside from that, I will tell you 3 4 one thing that I know is if you violate the protective 5 order , that could give the Court a reason to extend out the protective order for even a longer period of time .
MR . ROWES: I ' m aware . THE COURT: Anything else , Mr . Adams? MR . ADAMS: No, ma ' am. THE COURT: Okay. We ' re adjourned . (End of Proceedings.)
*111 19 20 21 22 23 24 25
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1 STATE OF TEXAS
2 COUNTY OF DALLAS
3 This is to certify that I, Melissa A. English, CSR, 4 5 RPR , in and for the State of Texas , reported in shorthand 6 the proceedings had at the time and place set forth in the 7 caption hereof, and that to the best of my ability, the 8 above and foregoing contains a full , true , and correct 9 transcript of the said proceedings .
10 Certified to on this -~~~~- day of 11 12 --~--' 2014. 13 14 15 16 17
MELISSA A. ENGLISH , Texas CSR 8127/Firm No . 216 18 Certification Expires 12/31/14 1205 Main Street *112 19 Garland , Texas 75040 (972) 494-2000 (tel) (972) 494 - 2269 (fax} 20 21 22 23 24 25
WENDY WARD ROBERTS & ASSOCIATES, INC. TOLL FREE 866.487.3376 4-17-14 8:49am p. 2 of 19 from: Connie Anderson To: 2146536103
NO. 09-18237
IN THF. INTEREST OF § IN THE DISTRICT COURT § § 256TH JUDICIAL DISTRICT §
AND § § § DALLASCOUNTY,TEXAS
MINOR ClllLDREN PROTECTIVE ORJJEll On Aptt.\L. , 2014, the Court heard the A p])lication of ..:l'URY TILLOTSON for a Protective Order. A[?,Pear(lnces
Applicant, MARY TILLOTSON, appeared in person and through attorney of record, FREDERICK S. ADAMS, JR., and announced ready. RcRpooclcnt, BRYAN ROWES, appeared in person and announced re<t~ y. Jul'isdlctio11. The CoU11, after examining the record and hearing the evidence and at·gument of counsel, finds that all necessary pre,.equisites of the luw have been satisfied and that this Court has jurisdiction over 1he parties and subject matter of this case. Fill dings
*113 The Court finds that BRYAN ROWJ:,'S has engaged in conduct violative of Texas Penal Code Section 42.072. The Court finds that the following protective orders arc fo r the safety and welfare and in the best interest of Applicant and are necessary for ihe p•·otection of Applicant. "Protected Pel'son ''
In this order, "Protected Person" means Applicant Page I . . I '· ·.: •••• • 1 ; From: Connie Anderson 4-11-H 8:4Bam p. 3 of l9 To : 2146536103 IT lS ORDERED that Respondent, BRYANROWES, is: Prohibited from committing family violence, as defined by section 71.004 of the Texas Family Code. Prohibited f!·o1n c()mmunicating directly witll MARY TILLOTSON in a threatening or harassing manner. Prohibited from communicating a threat through any person to MARY TILLOTSON On a finding of good cause, prohibited from communic:.aling in any manner with MARY
TILLOT..t:OJON except through Respondc11t's attorney or a person appointed by the Court, except Our Family Wizard related to the children.
P1·obibited from going to or ncar, or wi1hin 500 feel of, any location where .MARY TILLOTSON is known by Respondent, BRYAN ROWES to be and from remaining with.in 500 feet after Respondent, BRYAN ROWES becomes aware oLiJtlARY 11LLOTSON presence.
Prohibited from going to or near MARY TILLOTSON's employment addresses or where MARY TILLOTSON normally resides at • • • • • • • • • • • • Prohibited fi·om possessing a firearm or ammunition unless Respondent, BRYAN *114 ROWES is a peace officer, as defined by section 1.07 of the Texas Penal Code, actively engaged in ~mployment as a :')Worn, full-time pl:lid employee of a state agency or political subdivision.
Respondent's license to cany a concealed handgtm issued under subchapter H, chapter 41 1, of U1e Texas Govemment Code is suspended. Attome}l's F'ees
The Court finds that BRYAN ROWES should be assessed Five Thousand Dollars and No Cenrs ($5,000.00) as attomcis fee!l for the services of FREDERICKS. ADAMS, JR. ITTS Pt/ge 2 Pmte(•fiw Order From: Connie Anderson
To: 2146536103 4-17-14 8:49am p, 4 of 19 ORDERED that FREDERICKS, ADAMS, JR is awarded judgment of Five Thousand Dollars and No Cents ($5,000,00) for legal services rendered with postjudgment interest thereon, The judgment, for which let execution issue, is awarded against BRYAN ROWES, which is to be paid S250,00 per month beginning May 1, 2014 and each month thereafter until the Judgment and all interest is paid in accordance with Exhibit "A" hereof which is incorporated herein at 2001 Bryan Street, Suite 1800, Dallas, Texas 75201, Fees, Charges, and Expenses
IT IS ORDERED that BRYAN ROWES shall pay the $16 protective order fee, the standard fee for cost of service uf this order, the costs of court, and all other fees, charges, or expenses incurred in connection with this order, TT IS THEREFORE ORDERED that Respondent, BRYAN ROWES shall pay Sixteen Dollars and No Cents ($16.00) to the clerk ofthis Comt on or before May I, 2014 at Dallas County Courthouse, 600 Commerce Street, Dallas, Texas 75202, by cash, cashier's check, or money Ol'dcr, Re/ie(Not Granted
J'l' IS ORDERED that all relief requested in the Application for Protective Order but not *115 expressly granted is denied, Order Forwarded
A copy of this order, along wifh the information provided by Applicant's attorney tlmt is required under section 411 ,042(b )(6) of the Texas Government Code, shall be forwarded by the clerk of this Court to the chief uf police of the municipality of Dallas, Texas. Ef(ective Period
This order shall continue in full force and effect until April 10,2016, Protective Order Page 3 I" 1145535103 From: Connie Anderson 4-17-14 8•49am p. 5 of 19 Warnillgs: A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF AS MLCH AS $500 OR RY CONJTNEME'\T IN JAIL FOR AS LONG AS SIX MONTHS, OR BO'llL
NO PERSON, INCUJDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF TIDS ORDER DURING THE TIME IN WHICH TJIIS ORDER IS VALID, EVERY PROVISION OF THTS ORDER IS IN FULL FORCE 1\ND EFFECT UNLESS A COURT CHA\'GES TIIE ORDER.
IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
AS A SWORN, FULL-TUviE PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, Vv'l!O IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
FIREARM OR AMMUNJT!ON,
A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY
THE ORDER MAY BE KNISH1\BLE llY A PINE OF AS 11UCII AS $4,000 OR BY *116 CONFINEMENT IN .JAIL FOR AS LONG AS ONE YEAR, OR llOTil. AN ACT TIIAT RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFE:.!SE. IF THE ACT IS PROSECUTED AS A SEPARA TR FELONY OFFENSE, lT IS PIJNISHABLE llY CONFINEMENT IN PRISON
FOR AT T ,EAST TWO YEARS.
IT IS U>lLA WFUL FOR ANY PERSON WHO IS SUBJECT TO A PROTECTIVE
ORDER TO POSSESS A FTRF.ARM OR AMMUNITION. POSSESSION OF A FIREARM
Protective Order Pt1ge 4
T" 1146536103 from: Connie Anderson 4-17-14 a,49am p, 6 of 19 ORAMMUNTTJON, AS DEFINED IN 18 lJ,S.C. § 921, WHlLE THIS PROTECTIVE ORDER IS IN EfllECT MAY BE A JlELONY UNDER FEDERAL LAW PNISHABLE BY UP TO TEl\
YEARS 1"1 PRJSON, A $250,000 FINE, OR BOTH.
PURSUANT TO 18 U.S.C, § 925(a)(1 ), THE RESTRICTlONS ON POSSESSION OF I'IREA~\18 OR AMMUNITION FOUND AT 18 U.S,C. § 922(g)(8), AND IMPOSED BY
!HIS PROTECTIVE ORDER, DO NOT APPLY TO FIREARMS OR AMMUNJTTON
ISSUED BY THE UNITED STATES OR ANY DEPART!vlENT OR AGENCY THEREOF OR ANY STATE OR ANY DEPARTMENT, AGENCY, OR POLITICAL SUBDIVISION THEREOF, WHICH RESPONDENT POSSESSES IN CONNECT! ON WITH THE DISCHARClE OF OFFICIAL GOVERNMENT DUTIES. THE POSSESSION OF
PRIVATELY OWNED FIREARMB AND AMMUNHION, HOWEVER, REMAINS
UNLAWFUL AND VIOLATES TilE TTJERMS OF THIS PROTECTIVE ORDER.
IT IS UNLAWFUL FOR Al\Y PERSON \VHO IS SUBJECT TO A PROTECTIVE ORDER TO KNOWf\!GL Y PURCHASE, RENT, LEASE, OR RECEIVE AS A LOAN OR
GIFT FROM ANOTHER, A HANDGUN FOR THR DURATION OF THIS ORDER.
INTERSTATE VIOLATION OF THIS PROTECTIVE ORDER NIAY SUBJECT *117 RESPONDENT TO FEDERAL CRIMINAL PENALTIES. TIIIS PROTECTIVE ORDER IS ENfORCEABLE IN ALL PIFTY STATES, THE DISTRICT OF COIXMBTA, TRIBAL LANDS, AND U.S. TERRITORIES.
SIGNED on APR 1 71Ql4 . ~ Associate Judge 254th District Court
JUDGE PRESIDING
Ptotective ON/er PageS 4-11-14 8:49am p, 7 of 19 From: Conn ie Anderson io: 2146535103 Information about Respondent to Aid Law l!:f!forcemeni Officers: Name: BRYAN WlLLJAM l~OWRS Home address: Home telephone number: (_c;::.. .. t I Work add1·ess: None Wor1< telephone number: None Date ofbhth:
! Al ~ ~ Color of eyes: (_) f': .. o(..C ! " Color of hair: ···1~> I lK ... f --·
_.... I""\ i ~ [1] /J Height: ~) I ")() Weight: ~ Sex: M~le Race; Caucasian
b /t b-e) \) c_, / ' .Personal Descriptors: .. )C.rr·< Social :Security number: Driver•s license or identification number and issuing state: TX DL#I••••
*118 ~~39·0394·6010, v. I Page 6 Prvrectlve Otder .. ~ ...
NO. 09-18237
" .-. .t .. } ' 'jo· · · §
A
DF-01-11181
IN THE INTEREST OF MOOT MOTIOII - MODIFY TEMPORARY GliDER III.JIIr-AND 111&07 ---· ·------ " --
~I CHILDREN y §
EX PARTE MOTIONS TO MODIFY AND MOTION TO ENFORCE
COMES NOW, Bryan Rowes, and files this Ex Parte Motion to Modify Protective Order and Ex Parte Motion to Order Temporary Restraining Order and Ex Parte Motion to Enforce all medical provisions of prior orders in support thcn:of would show unto the court the following:
I. Claims A. Respondent is restricting Movaot•s access to children's medical records and medical care
providers. B. Movant should have access to his children during medical emergencies C. Respondent is restricting Movmt's family's access to children. D. Respondent is secreting children and attempting to further alienate children's father 11. Argument
*119 a child of this suit, was admitted to the hospital. Bryan A. On or about 4/19/2014 Rowes was notified of this through OurFamilyWizard. (Attacbed as Exhibit "A'1 B. In response to an inquiry I sent, Katy TiUotson informed me that- was a "confidential patient". That combined with the protective order precludes me from obtaining any medic::al information. (Attached as Exhibit "B'1
C. In response to an inquiry I sent, Katy Tillotson informed me that she would not be allowing any release of information to my family. (Attached as Exhibit .CC") D. I sent an inquity to Katy TiJlotson asking that she have the doctor contact me. (Attached as Exhibit "D") E. The standing decree in this order provides the following rights to Bryan Rowes: a. The right to consultation from the other conservator, and an opportunity to consult with the parent filcilitator, prior to that conservator consenting to medical, dental, and surgical treatment involving invasive procedures.
b. The right to consult with a physician dentist, or psychologist of the children c. The right of access to medica~ dental, psychological, and educational records of the
children d. The right to confer with the other parent to the extent possible before making a decision regarding the health, education, and welfare of the children, and e. The right to receive information from any other conservator of the children concerning the health, education, and welfare of the children. (Attached as Exhibit "E'') F. The standing decree in this order commands the following duties upon Katy Tillotson: G. The duty to infonn the other conservator of the children in a timely manner of significant
information concerning the health, education, and welfare of the children (Attached as E.xhibit
"E")
*120 Ill. Requests A. Movant requests that the Court modifY the Temporary Restraining Order to allow Bryan Rowes to visit his son in the hospital. B. Movant requests that the Court modify the Protective Order to allow Bryan Rowes to communicate with Children~s Hospital regarding issues concerning his children and to allow Bryan Rowes to access Children's Hospital whenever his children are present.
C. Movant requests that the Court enforce the standing order to allow Bryan Rowes fuiJ and unfettered access to a1J medical providers and records concerning the children and that Katy Tillotson be instructed to immediately remove any confidential restrictions.
Respecttully submitted, ~
BryanRowcs
!4 ~~ Judge or Clerk Certificate of Senrig I cenify that a true c:opy of the above was served on each attorney of record or party in accordance with the Texas Rules of Civil Procedure on the same date of filing herein. *121 Th• O•rf'•m1ly W'ozard® wd$tc 1302 ::! nd St NE Suite 200 Message Report Minnc:tpolis. MN 554 I J hup://www.Ourf':unilyWiz.anJ .co•n Jnro® OnrFamilyWiz:lt'd.<.'Qm Bryan Rowes generated tlris Tl!port on 04/20/14 at 06:39 fJM. All times are listed in America/Cfricago timeume. Email: I of I Datr: o.l/2012014 12:11 AM From: K:Jty Tillntson
Tn: lll)'<lll Rowcs (First View: (~11211120 1 4 12: I ::I AM) Subject: • 1\lessagt:
• was admitted to tho! hospital this C\'t:ning. He is ok bu t bot probably h;IS ju\'enile tliabdc.' anti I need to speak 10 your p:trents rcgurding their medic-JI hio;~ories. Plcor.c ha\'C them call me a-; soon ll~ possible. I will email m11re infom~atinn when I spc:tk with the dOCIOrs :.g~un. t•lc-.:t>.e remember tl1:U there is a pnltC<.11\'I! o nkr in pl:l<:e and the polic.!.. securi•y :md front dco;l; huvc b...""--n noti licd.
*122 1 ol 1 l'he OurFamily WiLttrd® ., cboii le I 302 2nd S1 Nf! Sui1c 200 Messngc Report Minncupoli:., M N SS4 13 hnp:/lwww.OurFanuly\Vi7~rd.oo1n lnfo@OurFarnilyWvlltdA.-o•n Bryon RoHJes generaJed tlris reptJrl on 04120//4 al 06:41 PM. Alf linre.t ore listed ill lt.merica/Cfricago timezmre. I of I Email: l>nte: (}.lf.2012014 1:!:53 AM K3ty Tillot,on From: Bry:m Row~ (Fir-.1 Vit!W: ~/20/2()14 12:53 AM)
To: Suhject: RE: . Messa~~:
He wa, :tdmiu.ed tlue [10] C'OilCCITI~ :.lhtiUI ~ymploms of dillbetes. T11c hi,lnry ha.~ n01hingto tlo with jm·<!nilc tliabcl~ but rebted di.;ea.(~ thallhcy would want 1(1 11!'>1 for. Plcme have him CJU now a~ lhey will wanl tn bcl!in II!'> ling fi"'t lhin& in the uwltlling. Plc:L~c remcmlx:r ynur p r<>tL-ctivc ord er cov<!rs Children's Ho~pital and ul~o nny threats or har:L~snl<!nl <lf me relatL~Ito anynnc there or an y nne cl~c . • i~ u conlidcnliaJ palicnt. I wm be wailing 1o speak wilh your father and I will updalc you in 1hc m<lming. l-Ie i~ s tnhle :tnd in gocKI s pirils. On Sun, M/20114 at 12:23 1\M .• Bryan Ruwl.'S wrote: To: K;Uy Till01son Subject! RE!. i\lcs.'lagc: Dt::lrKaty, l'lc;t.c;e lctllli! know why he w:L~ admi11~1 l a11tl whatlun.piwl he bin. [1] ~pol:..: with my falllCI'. Our family h:L< om hi.<tory of juvenile dial~e~e:.. would you like him to c;~ll now nr in the morning'! th:ml: ) 'UU. Bryan On Su n, 04120/14 at 12: II A \\I, Kaly TUiotson " ·rou:: *123 T o: llryan Rowcs Subject. Message: . w:1.~ :dmiucd tnthc !w)~pil:tlthi~ eveni ng. He i> ok btu hut pn1hahly has jll\'L'Ililc diniiCie; and I nt'\.'1.1 In spc:1k 10 your pnn:nls n:gunJing their medical hi.~rorics. Please h:Jvc lht:mc:all me a.~ soon M pos.~ible. I will email more infom1:11 ion when I s~ with the do.:tms again. Ple:1.-.c l'l!lTiellkr th:ll tht're is a pmtccth·c order in place :md the rolice. ~ecurity and fmnt desk llaYe been nutifictl .
1 ol 1 The Our•·amilyWiurd@ we!Nir I 302 2nd Sr NE Suite 200 Message Report Minneapolis. M N 554 I~ hnp://www .OurFamilyWiz:mJ .cum lniCl@OurFwnilyWinml.mm Bryan Rowes gc~teruted this report [011] ().1/20114 tll 06:45PM. All times are listed in America/Chicago timf!YJIIe. Emllil: I nf I Oatt: 04/20/2014 1:02 Al\1 from : Kot!) 1il101~on Bry:111 Rowcs (Fii'SI View: o.t/20/21114 1:03AM)
To: RE:. Subject:
MCSSIIJ:C!
I am nOI releasing rhe physicim to speak with your molher or f.sther. 111cy Cln call me if rhcy care aht1UI dtcir grJntbon. On Sun, 04120/14 al 12:55 A!\1, Uryall Rowes .,.·rote: To: K:11y lillotson Sulljttt: RE:. 1\ IC:S.'IlljtC: 0c;Jr K.ary. Plese h;wc the hospital phy~idan call my flthct [011] my mothe~ ctll phune. TIL'111kyou. Brymt On Su n, o.v20/14 at 12:53 AM. Kat~· Tallolson wrole: To: Bryan Rowel' Suhjcd: RE:. MtS.'>II(;C: He wa.' admilted due 10 0.100:ms nboul sympiOitl~ of lli:~lx:tcs. lllc history hu.~ no1hing111 do with juvenile tliabck>s bul rdalcd di~c:L\C~ lhatlhey would wnn1 1o tesl fur. Please have him ccll now us tlk:y will wan110 begin reain1: lirsl lhing in lhe mum in~. Pl.:a.-.e n:rnember >·our prolccth·e order CO\'Crs 01ildn:n's H o~piral ano al~o MY lhn:al~ or har.t<>Smenl of me rcl.ueo co anyone lhc:re o r anyone cl'iC. A vi ~ a conlioential palicnt *124 l will be waiting to ~peak wilh your father and I will upd:uc you in I he morning. He is st.1hlc :.1nc.l in good $Jliril~. On Sun, 04120114at 12:23 Al\1. Bryan Rn"'CS wrote: To: Knty Tillotson Subject: KE:. !\lt:SSngc: Dear Knry, Plca~c let me lnnw why he W<L~ oomilh!ll allll what ho~pital he is in. [1] $puke with my fathl:r. Our family ha.~ no hi~tol}' of juvenile dialll."1~-:.. woukl you ti~c himtl) cull now or in chc mnmin~? thank you. Bryan On Sun. 04120/14 at 12:11 1\ 1\'1, Katy TitloCsnn wrote: To: Uryan Row~ Subject:. - · ___ .
1 of 2 Cop_ yng_·_m_Q_2_000: z013 Ou rfamllyWizard~~~:~ii.righls reseNed, patent pending • •·• admilcd [10] the holpillllhis e¥C~~ia(l. He is ole but bat probably t . ju¥CIIile diaktcs ad I need [10] $peak to )'OUf fiGIIDdS IJfnJms their medical histories. Pleee have lllCJ1I call me • soon as poolblc. I will aaall mote lnfonnation wllen I apeak with lhc doctols apia.
*125 2of2 lbc: OurFumityWiurd® ...-~b5itr 1302 2nd St N E Suite 200 Message Report Minncupolb. MN 554 13 hup://www.OurF;unily\Vizard.com ln fo@OurFamilyWilard.\:orn Bryan Rowes generatrul this report on 04/20114 at 06:45PM. All times are listl!d i11 America/Chicaf!,o timewne. Email: I of I Outr: 0-11.2CV2014ll:56 AM f'rom: Rryan Rowe<
Kury lilluL~un ( First Vi~w: 04/20/!014 I :22 PM) To: Subjed: RE: . Mosn,::.::
D=- Katy. Please have the. do.:tur lo call me. Thank you. Uryan On Sun, IW20114 at 1:02 AM. IUt,y Tiiol.~on wrote: To: Bryan Rowcs Subjl'd: RE:. Mcssu~e: I :un not rcle:~ing the physician to spell; with your mother or f:uh.:r. They c:m c:JII rlll: if they care ~bout their grJIKIMm. On S un. WZ0/14 at 12:55 AM, Oryan Rowt:S wrulc; T o: Kuty lillotson Subjoct: RE:. Message: Dear Kary. PIGIS~ h:we the hospirnl physician l-.:111 my father un my mother.. (-ell phone. Thank you. *126 Bryan On Sun, <Wl0/14 at 12:53 AM, Katy 11llot.'IOil wrote: To: Bryan Rowes Suhjut: RF.: A vi 1\ ll:ssagc: I le was :ldmilrL'Cl due In concem~ aiKiut sylllptoms nf di:rtlCte.~. 1ltc hist(lfy ha.~ nnlhing 10 do withju\·cnil.: diabci~'S but rclnlcd Jisc.:l!.e~ lh~t they would wuntto lest for. Plct~~c have him call now:~ they will want to b<gin t.:sting first thing in l.hc moming. Please remember your prole\.1ive onkr covers Children's llospir:ll :11\d :ilio :my thrc~L~ or h:u-.JSsment of rre rebled to anyone there or :u1yonc clse .• is a conftdcntial p~ticnt. I will be waiting to src.:U: with your father ~nd I will upd:lte you in the morning. He i~ stahl.: and in good spirit~. On Sun, Q.U20114 :at 12:23 AM, Hl")'tm Nowes wrote: To: Kuly Tillotson Subj«t.: RE:. l\kss:age:
t of 2 C~yright ®2o00·.2013 OurFa~ilyWiza~~~ ~II righls ~ed. palenl pending - I spoke willa my flllbcr. Our family'- no bi5taly ol juvaaile cJiabacl. wauld you like him 10 allaow or in the mDJ'IIina? .. . . . ' . .. . Mjed:. 011 Su. 4Mn81l4 81 12:11 AM.Itaty TllotloD wnte: To: lkyaa Rowcs Mtsuee: ~ ldlbal:d co die hospilallbis eveftiDs. He is ok but bul pR)bllbly bas juveaile diaiJdca and laced 10 speak 1o your plllaiiJ n:pnliDa lheir mecfic:al llisroria. Pble bave Cflem call me IS soon • poss~. I will ctnlil ~ infomllllion wllen I spe:at wid! lbe doctor5 opin.
*127 MAR. 7. 2012 3:44PM QU ILlll6 S£LAND£R
NO. 0676 P. 3/38
FE&. 22. 2012 4:49PM QV'llLUO SElANO£R HO. 0516 P. 3/38
N0.09-18231
lNTim JNTERJ:ST or .• IN 'l1IE DisnUCJ" COUR'J'
I
§ § ~ JUDICL\L DJS11UCJ'
I
t I D.ALLAS CO'VNTY, TEXAS
MlNOR CBlLDREN alrPEBilf8CIITAFFEgi.'ING'171BPAREI!J'-Cll!LPllllUTION811ll. OD_M!bt 4 l6l.~ I • 2012, th6Courthoard 1bis coso. 4m'larMII! PeeitioMt, BaY AN aowBS, appoacl ia person mel thtouah lltO!Qe)' otreccrd. R.YA1'l IOR.KHA'M, Md IIV\OUI*Cl nl8dy b bW ad limocmced 1bat (be patt1ot have aped tq tlMs bll'ml of" 1hJs jucl;mant to tho mcmt pcr.nltted by law ... mdebOBd by their llsaaWnl.
Relpot1deal, NARY TILLOTSON, bU •ted to1ho a.= ofthflj~ to&.~ r
I
lwlrd'GC'fa l '
Tho Court, a1bu' .mmlning the rc:Conl ml the~ al1d arp.incnt of colm!el, finds that it has jurlsdictionoftlds ~ad o!all1he ~*ties and tbsl no other court baa eontinuiD& .waive jutiadlction ottbb Out. AU persoDJ emidecl to ci~ were propc:rJy dted..
IJJD.
*128
The ~ ofteeiimo!U' was duly iuported by 1ho co art reporter for d1c lS61b Jud!c;iul Dlstriot Court. 02/22/20li lfEO 18 : 48 fTXIRX 110 IT81) Ci003 MAR. 7. ·2012 3:44Pl\l ®Ill fiG S£lANOER . 10. 0676 P. t/3'8 FES. 22. 2012 4:48PM QUilliNG ~£LANDER HO. 0576 P. 4/38 N am e : - - - . Scx:F~ Bil1hdlte: ~ Ha=stlle:~ SC)Qal Security IIU1Ilber: - J>nven liceaseuuinber a~ NIA
NP~DC:
Sex: Bh1hdce: Hmne eeat.: Soo1al Sovadty IIUDlbor. - Dri-ftl'a ~Jl\IJ'dbelr ~: N/A.
I , I
fllrJl(tlnt:Pla
The CocJrt &ds 6Jat thCJ pt'O~ODI iR tJwe otdets nlldag to ~.rJsiDs and d1StietJ· of the
I
·pardcs 1IVhh relation 10 ·tile chtlclren. posses~ of md access to the cbildreh. child SllpPott, ~ optimfztng the developm.cDt or a close ancl COl1tiDuial 10ll1iomhip betWeen oa.oh pany cd.lbe ·chi1cftrm ~ tbo pctlet apJI(I~ plan. QmaQat9vNg
1bc Court find& 1bat 1bo ~cmle~& mm 1R but i*'cst of~ cb.D.dlal. *129 and-
ITigOlU)BREI)tJacBRYANROWBSandMAR.YTILLOtsONaretppJiutedJofnt
02/22/2012 fED Ut·: 48 (Tif/RX HO 5767) liD004 QUilLING SELANDER MAR. 7. 20 ; 2 3:44PM NO. 0676 P. 5/38 FEB. 22.2012 4:43PM QUILLING SELANDER NO. 0~76 .. P, 5/30 IT ts OROBRBD 1hat, at all limes, MARY 11Ll.O'CSON, as a parent joint mMaging cons~t.co:, shall bavo ~ fOUowing rlghts: the rlgb.t to .receivo iufotmatiw from any other ccmservator of the ehUdrcn J. concenrlng the Jea!tb, educmOD, and ,velfac oftbc ehitdreo; ths rlgbt to conft:r with tbe omcr patent ro the txtcnt pes!t"ble bcfo1:0 rnatdDB a 2. d~sion concemJng the hoaltb; edJloatlon, llld welfare of tho cbildrenf tho rigln of &C()CSS ro n1edical, dontRI. psycholoiical, and educe.tiont\1 rei cords of 4. the children; the light to consult With a physician, dentist~ ot: psycholo&ist of the children; 5. 6. the rlght 10 consult wlth sohool offi~ COlicoming the chlldrcll's welfare and
educatioual•tus. btaludina sobool aotMti\ts; · tbstight 1o attend so.hool aetivitiCB; 7. the right to bt deafgua1cd on tbe clWdtcn•s re;ords as a person to be notified in 8. case of ao emcrgenc.y; · 9. the~ to consent to mcdioal~ de;fttal [1] and surgical treatment d\lrins an emetgeneyhlvol1ing an tnmiediate danger to the health aud safety oftke cblldtt!n; and the dsht to manage tho estates of the cblldren to the extent the e:rtetes have bee£1 10. cre~d by the parent or the parents ftlmily. tr IS ORDBR.UD lbat, ttt all ttmcs, BR)" AN it OWES, u a parent joint manl\BinB CODSMVI~ abaU ba.e the foUo91idg rli:bts: *130 1ho right 'to nceive infimuatton ftom any other conaeavator of the children 1. concerning the health, l!ducatio~ and welfare oftbe ddldren; the rlght to ootlfa- with tbo other~ to .tho emnt possible before DJtlking a 2. deoisiou ccmceming ~health. education, and We:!lfllie of the ohUdreh: the right of access m Ulcdioul. dcmta\, psyc&ologteal, aD4 cducmio.l18lteCOrds of 3. the c;bild.rcln; ==-
M .!* 'nl' .ol f~.d!~ 02/22/2012 lEO 18:48 [TX/Rt: ItO 97B7J liJOO!S MAR. 7. 20 i 2 3:44PM QUilliNG S£LANDE~ NO. 06i6 P. 6/38 FE8.22.2012 4:49PM QUILLING SELANDER P. 6/38 NO. 0576 ; 4. the right to ~Wt with a plzyalolao. dentist. or ptycbologfst of the children; the right to CODW!t With school officials ecmceming 1ho chtldmt's welfare mel 5.
cdUQitio.oalllat\ls. incl11diDg school acr.ivitica; tho risht to attend school activities; 6. the rlght to bed~ on the chUdreo's records a, a person w be notified in 7. case of an emergenc:w. 8. tbe r.1ght ~~to medical, den18l, and sutgica.l ~during@ emergenoy involvma an fmmadiar.e daneef to the health and safety of the cldldrtll; aDd the .dght to manage the 0ststes of the chiidre.n to the extent the ostates have been 9. crcatod by the paretd or fbc pareat•s family. IT IS OIU>BRBD- at all tbnos, DRY AN ROWBS and MAR..Y TILLOTSON. as I parontjoim JOana8iag COD&er41JJES, sball caeh have the follo'\YingAmies: ., th~ duty to Jllf«m tba othe.r Cot!Servator of tho eblldren in a timely manner of
I. significant infomu~tion conaeming tho health. edtwation, aud 'Welfare Oftbc children; and ' l l tbe duly tu mtoan 1hc other oobSOmltOr of tho childxesl if the coaservator rcsidos 2. with for at least tbilty days, mirri~ or mteilds to mar.ry a person "Who the Collftrvator knows is tq§isl~ as a sox offender under chapter 62 of the Cod~ of Criminal Procedtrsc or is oliJ'I'elltly Gbaza9d with ftt\ otreuse for whlch on c6.D.Viction the ptrson wO\lld be req"l.lind to mgistcrundcr that chqtsr. IT IS ORDmuiD that. this iDfounation shalt be teadared m the form of a notice mado u sean u prac:tloablo. but not tater tban tba ·fumeth day after tbc dam the conservato.r of tho obildl'wm..bDSJns tn fesi&s wlth the pmon or on tho tendl..da.y after 1he date the murlage occms, as approprlato:. .rr IS ORDBRBD that 1ho mti£e ft\U$t b)olude a. desc.ti.ption of the o1fc:use 'lhatis tho basis of1bc pcrsods EeqUJmmeu: to tegliC&r a.s a sa~~ or oftht: o:fl'ease *131 with w.l1Jch fbe person is oluqed. WARNING: A CONSER.VATO'R COMMITS AN . OPPBNSB P'UNJSHABLBAS A CLASS C.MimBMBA:NOR IF '!'fiB CONS.BR.VATOR. ·FAILS TO PROVIDB 11USNO'l1CB. __ u.s a wa a
. ewe we =::us as• [2] -: r. i 02/22/2012 tED 16:48 (TK/RX NU 9767} ~006 MAR. 7. 2012 3:44PM QUILLING SftANDER NO. 0676 P. 7/38 FEB. 22. 2012 4:49PM QU1LliNG StlAHDER
NO. 0576
P. 7/38 IT IS ORDBRED that, during her periods ofpossosaiou, MARY TlLLOTSON, as parent joint managing COIJIOl'VIdW. shall have~ followms righb and duties; the duty or care. COtlll'ol. p!Ctectie»'l, aiui rcasoaable dlsoiplibe ofthe cbildt1%l; 1. 2. . ~ duty to Npport the ohllOJ'ens Including pro'9ictinc the cbikken wiw clotblb8t
food, shelter, and medical and deDtal care not iuvolYiD.g AD bt9as!vc p.roc:edure; the rlgbt 1o eonaent for the cldldteD to medioel aud dontal cae not ilwolving m 3. iuvasivo procedute; I.Old the riiht to diroct the mozaii!Dd religious tzaimng of tho ~.ildten. 4. rr IS ORDP.a:SD that, duDBg his periods ofvosscsslo.n, BRYAN R.OWES~ as parent joint
Dlanagjngooaservator, shall ha-vo ate foUoWbla rlahts and duties: the duty of c~Uea control. protecdoil, and i'easoJUihle disciplitla oftbo obildren;
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tbo cldty to support the ohJldrl,n, bJcJudins prt>vlding 1hc children with c.lotbing. Z.
rood, sholter, ancl medbtl and dell1al cate not involvin& alaft&ivc procedure;
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the right to ocm.sont for the children to medical add d~tal care not invoLving an . 3. invulvc procecl~ and
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tho ri3ht to direct the moailand religious trainiag otihe cb!Id."CJl. 4. tr lS OBDBRED tbat MARY TILLOTSON, as a tment joint manag.tug conservator. sbait
luMt the following rJshts and dutY: the exclusive rlgbt to dcsigrJate th& pri:nw'y rcsidcnee of 1he cihndren within Dallas 1. *132 Ccnmtlea; the exclushtc right to select the school the minor iihifcireD. wllt attelld. 2. 3.· the risbt. (aft= consul1aticm with the ather parent CODSen'alor cmd can.Nitation
with tile parcntlng &dliudor prio.r 10 ctmsentisg) to oousem to medical, dental, md surgical txeannent involving invamve proCedures; tho right, (dar consultation with tho other parent conservator), to consent to
4. outpadent psychiatdu and ~ogi~ evaluation of the Mildlen. 02/22/2012 lEO 16: 48 (TX/ Rl ItO 8787] liD 007 MAR. 7. 2012 3:~4PM QUilliNG SELANDER NO. 0676 P. 8/38 . FE8.22. 2012 4!49PM I OOILUtlG SElANDER NO. 0576 P. 9/38 I I I
s. t b rlght. (after eonsulwttba With tb& otbcr patent conservator). to eensent to I outpatiellt ps}'Qhiatrlc 8Qd peohological treatment of tJ:o l)bildrQn; i the right, subjea to tl:1& agreement of the othar pmnt conservator, to consent to 6.
inpatiant psychiatric 81\d pS)'Oholoalcal trca1ntcn:t ofthc ohllclren. the right, subjeot to the ~t of the: other pareat ~ODS4'Yator, 10 l'CprOSellt tho 7. cblldron fn Jegal aotlon a2Sd to maJco other deciaiou of suhstaJlliallegal significance concotnlng the cbJldren; tho right, sub;ect to the agreemerit of the otbsrp!lmlt conservator, to consent to
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maoiage and to C'lll.iatmeart In the am~ed farctS oftho United S11dcs. lhe dght, (det COIISQitldion With the otber ooi'ISemttor and conAI)r.a.tion with tltb
· 9. ptnJ.tfllciU._), tot:Jake decision eoacemiugtho o.bildten's education. ' I <meePt u proYided by aeotion 264.0111 oftba Texas Fatnil$' Code, the right, 10. subject to the~ of tho other pateJJt~, to tho service~~ mul cai:niag otthe chlldren .
. j exo..'"J¢ when a guardian of the children's estates era gU8ldbm or a.tton1if ad litem 11. has bcm appointed for the chiWren. tho riPt. subject to the agree&neDt of the o~or parent cous~, to· cct as an agent oftb& cJDldren ln. ~elation to the childten 's .estates ff the ohildlcn' a aetiCln is roquired by a atatc, tho Ul\ited States, or a foreian ·govemmcm. the du1J, subjeet to tbe esreemeut oftbe other parent conservator, to manage the 12. ~tes oftbe chiJdrell to tbe extent du::·dltates have been *ated by commtmity ptOperty at tlte joint JnOPet1Y oftho parec.a. ·
13. the~ tight. eo 1oceiw end &iVorecciPtfor periodic ;.,meats for~ sUpport of tlte ohildl'en amd to hdld er dibbarfO these fuoas for tho 'benefit of the clJ1lchen;
*133 lT IS ORDBRBP that 8R.Y AN R.OWES, as a p8li:Dtjolnt numaging conservator't sbaJ1 bave the toUowiPg righ11 and duty: t\te ~Jgbt to consulWion from tbe other conservator, tnd im opportunity 'to eottsult 1. with the p8reJit taoilltatOt, prlot to tbat. cousemitor coJ1SOBtfng 10 medical, dental, and IS".q;ical treatmalt invol'Vil'lg ima.si:vo pmc:cdw:es. 1he riaht to consultation with the other parent conservator, prior to that
2. conservetor's toDSCnt to outpadentpsyehi.atdo and pSyoh.ologieal t:Wltiation of the e= - u «z'¥;'za It JW Llri t 02/22/2012 lEO i;:48 (TX/Rl HO 8767) iaOOS QUilliNG SElANDER MAR 7. 2012 3:44PM NO. 0676 P. 9/38 FE8. 22. 2012 4:49PM OUILLING SEtANO£R NO. 0576 P. 9/38 tho rllfrt to a CODSDitatioti wi1h tho other pilreilt consatValor, prior to that 3. eonsetYator's eonnnt to outpatient psychiafrlc and psychological ttoalmeot of the ch!ld:ten.
4. the fiSh~ subjeot to tho agreement of the other parcnt co11Sei'Vator, to COJJSent to inpatie~rt ~bietric and. psychological trcattnent of the childlen. the !i&ld. suqjeCtto dJe ~of tho other parot:t COD'SetV&tor, to rcp~cm the S. chtl.dml ba legal action and to make other decisions of substmtiallcgal slgnifleanee co.nocming (he children. the right. $\ibjoot to the a.tPeement of th~ ofher pat6nt conserva.w, to consent to
6• matriage 8bd to enlbtmcut m me anned tbtces of the Uoited State:J. the right to consultation from the othsr conservator, ami ocmsultation with the 1. pateat tacilitator prior tO 1bc other coa&etvator maktllfJ a decialon conccmdng tho cldldren's ecluct11ion with 1he exception of the other COllSei'Vators dgbt lo select t!rt acboQl the dlllcktn attend. exeoJJt as proWted by section 264.0111 ofthD Tew Family Code, the liWUa
8. subject to 1he apcmcnt of tho other patellt<:Or:IBCfttOr, to • ·~ au.d eam~ng, oftbe obildmJ. or&.copt W11en a guardian of the childrcn.,s estates or a gDDI'di\1A or atto~y ad litem
9. bas~ o_ppointed far the obilchen. the~ subject to the Dgr~seJ:QIXlt of the other pazent eoll!ef\'ator. to act as an agent of lhc cbilde.D in rektion to the ohUdren. escates tf1he childroa' a action ia toqulted by a stat&, the Unitod States. or a fOtclgn gavemD::Wlt.
·, I o. the &tty~ subject 10 the ssrccmatt of th6 ether pa:EIIlt CODSL!«Vattr to mance the estates of the ohildnm to tbe extent tho estates bavc bcc;n crciatW by communf1y *134 property orlhcjoklt property of the pueaas.
I Tb& Court otda·1bat., as long u f.bo nonprimay pat'ent RSides in DaU&s County or a J contlguowr CO\U'l'l)'a the resf.denoe of1he chH.dtc.n is restricted to DalJu Cowrty 01' until fUrt1ler
onlfll's orlhe Court or by writtcal B81CCMClit of tho patties filed with the Coutt. .. . Ortltr Cis $all~Jfdl/16 tlie'l'trictd Odiii . . IDiltnUIJtt t ·!
0212212012 VED 18:48 [TX/RM MO 8781) liilJ009 MAR. 7. 2012 3:45PM QUiltiNG SELANDER NO. 0676 P. 10/38
FEB. 22. 2012 4:49PM
QUILLING SELANDER NO. 0576 t0/38 f. lo fHu.s.tfen.gndAqpm l. I'OIIHiion Order lT IS ORDERED dJat each CODSOl'VatO\' shlll comply wi1h aJl ~ abd conditions ofthls l'osacsslon Onler. 1T IS ORD13R.ED tbat1hfs PoBseaion Ontet is effeoti'\'e. imm~ately en~ applies to all pel'ioda of possession ocnurri.tJa on and after tho date the CoUrt signs thls POsU8SiOD Order. IT JS, TR'ERBFOlte, 0RDB1t£m: nOfiDi:AODII
(a) In this Possession Order "schoOln means 1hc prlmuy or scoondaxy
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sdloot in which the cbUdnm u emolled or, if' tie childreu is not emoUed in a primary or s~.da%3' s.bool, 1he pilbUc school disutot in which tb& dn1dten prbDmly midea. Io this Possesaion Order [11] childten h iDc:.ludes uaoh cbllct, whotkar
2. Obe or more, who is a sabjeot oftlds suit while that Mild is undsr tb.o age of eighteen years and .aot otbelwisd emancipated. (b) Mutual Aareemcnt or Specified Tcmis for l:'ossession
lT IS OlWBRED that &be co~ sbaU haw posses!ion of the obilcftett at 1imca mutually agreed to in advaD= by tho partie~. and, m.the abs=cc otll\Ut1lalagNement,. it ia ORDEnED that' thC conserV'atora a'hrul have ·pc:issessi~n of·tho childlen under the SpeCified terms set out itt this Possession Order. (C) Bx• as otherwise expressly proY:.ded il11his Possession Order, BRYAN R.OWBS sball have tlte right to possasfon of tho children a, tVUowe:
Woekettds Pcdods ofPossessmn 8hall con1inue year round with the cxeeption of Ita and 1ul)'. *135 lkszl!ba; L 2011 !Q dimj!get/& 2012
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• Fathor ~hall have poB&CSalon oftbe ~11 on alt~Mte weekenda ftotn I. Priday at 6:00p.m. UlitU tbt: iiumediately following SUndAy at 6:00p.m. • Fllh=r 5haU have possession of the cm1dren an eaoh ThUI6dey !tom 6:00 p.m. \Ulf.IJ 8:00 p.n1. 02/22/20T2 1!0 18:4& [TX/ItK NO 8761'] llJOlO MAR. 7. 2n12 3:45PM OUilllNG SELANDER KO. 0.676 P. 1 i/38 QUflLING SELANDER FEB. 22. 2012 4:49PM NO. 0576 P. 11/38 lkldn(filmlJtll!t4g<lr 1'4 .1fl.2. •· F&thcr shall ha'vc possession of tile cbWkeD each 1hursdily from the time school.leCCSSes until scboot reS'lUllell Friday acl aiWmate Prida)'S fron\ tne time echool:ecessea untilll :30 a.m. the immediately following Sunday. 'Thfs "Wellkead possession on altemaie weekends shall continue year roucd and fhe spooial periods of possess.ion se.t forth herem shall serve as an o'IICI'lay ~n the weckead possession c;atondar ad shaD not alter the rotation of the wcckei1ds. Upon t11hv (30) &y•s Wl'ltiM notice to Moth~ 1hc Father may el~t 10 cr.tDd his poB8ession W1il Summy lt 6:00p.m. in tha event be is not ' W~oDS~y~
b9Elg(led.letPq.rmf!s Chlist:uas Holidoy~ in Odd•Nl!lltbefed Yoars- In odd uwnbeccd years. BRYAN RQwe8 shall have·~ ri&lU ~o possemon of tho cbildien from the time school ~- wrtn 8:00p.m. on DeQcmber. 23".
ChlUtlbas Holida,ya Jn Odd-Numbered Ycus .1:g udd-nUEilbeml years. MARY TlLLOTSON lhaJl have tho rlght to ·posacsslon of~ ohildrcn iom 8:00. p.m. on Decem bel·, 23' [4] until school resumes.
Cbrlsttaa Holidap In Bveh NumbcJed YeiUII- Iuc:Ren numbered ycam, BRYAN ROWBS ahall havo tMrigbtto pOSA3sion of tho childlon iTom 10;00 a.m. December Ulll until
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school re&umas ibUOWing Ute~. I . .Chr.Imnas .Hoti.days ill Even Nnmbored Years- In cwcn numbered yem, MARY lULOTSION shall 'have &euglrt, to possesskm of tho oldldren fEon1 the time school ~os until! 0:00a.m. on Decoembcr 26th.
~rl!c *136 'l'hizikseivhll in. Bvcn·NlllllberCd Years -In cven·numbor¢d years, BRYAN ROWBS
shall have the risfit to possessicm of the abildron boginDhsa at ~:00 p.m.. oa the day ~c ahilclml ia dismissed from school :tbr the Thaula;g!ving holiday aDd cmd!na at 6;00 p.nt. an the Sunday followiogThaU5~
. Thaulcsglvlng in Odd-Numbered Yenrs .. In odd·:~umbmd ;e• MARY tiLLOTSON sball have the right to posseasioa of the obildren beginuiDg at6;00 p.m. on 1he day the chUdre.n is dismissed &om school tor C1le ~vJDg holiday and ending At 6:00 p.m. on tho Sunday
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following Thsbbgiving • ·err· xa 8£ ulillll. ·1 · •• t• ;za il?? ;.IL~FET tt!W1. . ' ' 53F
o212U2o12 no 1B:4B [Tli/RX no &767] llJC11 MAR. 7. 20i2 3:45PM QUILliNG SElANDER NO. 06 76 P ! 2/38 ., FEB 22. 2012 4:49PM QUlttiN6 SELANDER NO. 0~76 P. 12/38 SprlmrBmrl( Pa.tb.f.t ahsi1 ha'YO possessl~m of the cbildft:u in Bvoa-Ntimbered Years- In cven-..nUUlbeted
yoars. bcsmcblg at 6:00p.m. on the day 1be cbDdrea is ~ed from school for tho school's spang vacatiou sad cndiJtg at 6:00p.m.. em the day bcforu school re!\mies after tba:t'vaeaeioll.
Mother sheJ1 have :pOssession of the children m Odd .. Numbered Yeats- In odd.-numbered yem, bcghmtng at 6:00p.m. 01\ the day 'the cbUdRn iJ dlsmtssed. frtnn stbobl for 1he school's spring 'V&D4tian tmd GD.ding. at 6:00p.m. ·oti the day betbto sChool tcsuuies lifter lhat vacation.
. bJ lire eveill thtlt Spring Bl-sak CIJnjllcts wUh Earlet- Dr Pe.rov61', Spring .Broak shAll IIIJ"''Cetk. lit the event of a ~)'f{ltclwith PMStner and Easter, t"- E"Mr holiday hpt!!I'C8de.r tn l odd nwnbwed Y''" i»Jd PtM8DVel' In ,.,;;, :nwn'6ereJylats.
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B.,..IAli!tfl! Mothor sl!all have possesSi®. otthe cbildren e'Very Easter ftom tlle tfmo schooll0006scs .
for EastM \1Utl1 tho 11mo schoo1 te9\lineS foUowing Bqster Sw:lday. (In thi tNia of" conflict with PIIJsover and &mer, the Etuttu hoUday wperndss tn odd 111.1111bered yr.atl tmd Passover In ewnJ 1URnberctJ:~s),
$prplal .H!lfdg@ Mother abNl hevo possession oftbo ohUchen tiom 3:00 PJJJ.. d1e day .Prl• un.til l:OO p.m.
the dtt:! followfug: • Firllt Q)lnmtmfDll (Fatltttr shaU yield po1susionfor lwo {2) clb#u for this~peclal holfday ahD) • t:Uct rec<mcUiatton (JI'aihel' thaN ylsld pi'J.s&eulollfor two {2) cltmt.rfor tha apectar 'ko11day a/10) •· Codrmation (Ftllher shall yiilrlpotlftlklnfortwo (2) clfJIGfll for rhb special holldtty fliiD) . . . ' K" Gradi Gr~ weekaidfrom S:OO p.m. Friday ~mtll6.·00 p.m. Sunday. *137 Fatbt ahaJlhavc possession ofthechlldMl fi'oJn 3:00p.m. the daylltlorUJrttl3:0012JD.
the day foUowlng: • Yom Kippur • Purim • Suckhoi • Si:mahot Tonm • 1\t V'Shvat • Hannukah (not to supercede thanksgiVIng or Wmltt Btenk allocation)
02/22/2012 lED 1&:48 [f)C/Rl< HO 97G'l) fi012 N0 .. 0676 MAR 7. 20!2 3:45PM QUHUMG SHANOER P. 13/38 ~E8. 12.2012 4:49PM QUILLING SELANDER NO. 05 76 P. 13/~8 · • P&ssover (2 Cla.'yl) {In the evant of a co1tfllcl with Pass~cr ttnd_E11111Jt. the E.aster hrilltkt1sriJ'I11WdU In Qdd '/Mnbered yNII".t and Pauo~et In BPeJt munbemd years. ct Rosh Hasba4ab (l days) CldhJre t:tBj1ltlp Jfa parent is notothe:wlso entitled Ullder1bis P~R Order to presentpossessioR ota
child on tho ohild's birthd1t.y, that paiont shan have possession of the child and the chUd's mlDor .a"blings begbmlnlf at 6:00pm. aRd endinJ 818;00 p.m. on tba1 day, pm'Yidcd that that parent ,Picks up tho obUd from tho otbetl*D!'At aDd rctul:tle tho child to 'that B4mO place.
Fql/wr'I.D!Q! BR. YAN ROWBS shall hAve tJ.\e right 1o posscnlon oftbc cRtldrcn each year, beginning
at 6:00p.m. em. the 'Friday pteceamg J!ather'.a Day and ondina a 6:00 p.m. o.n Father's Day, pl'<Mded that if BRYAN RO'Wl!S is not othetwi6e entitled~ this PoUess!OJi Otdec to ptesem possealou of the obll.&cn. he sball piQk 11p the thildrcn from MAltY TIU.OTSON and retum.'tbe ohUdren to that same plaoe.
. .t1{flltsf'!.D4! MARY TILLOTsON shall bave the rigbt to p06SCS81w of the obildteD escb year,
~ginning at 6:00p.m. on the Frldaypteeedjng Mothar~ Pay ad ending ~t 6;00 p.m~ Oil Mother's Day, prOvided tbatifMARY 11LLOtsON is not otberwlBe entitled umlertbis Passeseioa. Cider to :present possuaion ofthe clliidtcD, ·~shall pick up 'ihe dulclren from :9R YAN ROWBS ad retUtn. tlte cbilclrell to that same place.
~lllftr. PoMSII111t lun" in :g,en•Nmnbered Years -ID C:vc:n·l\t.lmbaed 'Y\*8. Mother shall havG ~ rigbt to
posse.ssioo of the childmlthe ~ami 4 111 wceka aDd FRdlet .sbal1 have potsession of tho c.bildRn tb~:~ 1•ana~wcc~a.
I I *138 ' I Jwo in Odd-Numbered Years ·In odct.ur.unhemd ycm, M01hcr shall havo tbe right to
possession of1ho cbildtc:n. the ttl and!"' weeks and P.uher shall ba.vc possess!qn of the ciSiidrtn tho 2• and 4 111 weeks,
I I 'Illy m &.-Numbered Yem • .ble~!ltm:lbered years, Mothor Shatl.bave the tight to possesslol\ of the cbildlen ihe 3m IDJI! 4u. weeks and Pathet shall hA'W possession oftha cblldrcn l
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the l' [11] and 2od week's.
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1\dy in Odd-Numbered Y_. .. In od~numbercd yean, Mcather shall hM the light to potiBNSion of the children the 1" and r weeks and Fi.ther sball buve posseseion oftbe obiidren 1hc ~and 4'81 weeks.
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CL!£ . ) . V' $ . " . · - ·
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02/22/2012 •to 16:48 [Tl/RX tiO 9781) ll!Oi3 i QUILLING SElANDER MAR. 7. 70~1 3:45Ptd p 14/38 NO. 06 76 FEB. 22.7012 4:50PM QUJLLJNG $ELAHOER
P. (4/38
NO. OS76 The pat1ies shalJ.f&XCbange the ohildren for the mODih of June ud July periods at 6:00 ~.m. Stmdq wi1h tho parentteceivio.g 1he ebildnm pickiDs tbem up 1ium 1hc other \10DServetor. SJIPNlfdll'II{CitJ/4 hp .WJtl' TJUOTSOJ'i
AtUIY TIL.L()TSONb ODDBRBO to Wll'etlder the chi.ldrea to JJRYAN ROJYJ!S at the beginning ofoach period at the cbildrea•s sMool or 'the police station nOIUeat her t"C!Iicblce. SMmnuluq/Qild.bBRfANROWES
BBYA.N RfJWES is OliDBR.BD Co &Ul'JOnder the cbildren to AI£4RY TILLQT$QN at tbo ddldrcn's ed!ool or the polb station~ lUs residenoe. ibis .eonoludes the Possession Order. 2. Dwatton 'Ibe periods of possession Oldered 8bovo apply to each cbUclren the subject of1bis
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suit wmtc·'that chUcb:on i& iinder tho age of eighteen yeats and not o~se -emafiCI»ated.
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No1111tterforence wflh Pols&r$i/m g. I rr IS OROBRBD tbllt noitbor QQDBeCVator shall take possession of the ebiklrer. duri!ig'tbe oiAY coc~spedod ofpossesstou unless there is a prior Wl'itten ' ' agr66mCBt iipcd by both ccmsenators or in caao of an cmergadey, !
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Tei'Mitlation ofOrdi.rs 4. the pl'O'Yisi<D oftbls order :relafins to oon,_..,.~, pesS8S6iea. or access I I *139 wtmfnsCO an tbc.reawriage of BR.Y.AN ROWBS' to MARY TILLO'I'SO.~ unless a nouparent or ag$CJf has been appoJntM consenatGrofthe objldfen under chaptm 153 of 'tho Texas Fam.ilr Code.
PagelJ 02/22/2012 W£D 1B ~48 [TX/RlC tiO 8167] llJ014 QUilliNG SELANDER MAR. 7. 2012 3:45FM HO. 0676 ?. 15/38" QUILLING seLAHDfR FEB. 21. 2012 4:50PM NO. 0§76 P. 15/lB .Telepliona4c!tje.t tct MIMr Qdllun IT IS ORDERBD that the pmnt shall proviee reasonable t&lepbanc aec.css for th.e cbildten to 1he othtt pat9irt. Tbe Ca~ fiudstbal thae is good cause shoWn and it is in the best intemst of the children 1fte subjcC:t ·o.rt.bl~ ~ tllat a pareming ooOJdinator be appointed aad thattbe pmties have t.g~dd to tho appoiwment: o! Carrie Beaird, l!SlSO Preston ~a<l, SU.i&c 3GD, Dallas, Te.toa 75281, 972448-8797, as the Coopendlve Patentbg Facintatar Jn this case. 1ho Court fUrther .finds thut tho appoluCm.ou.t of" .ParentiDa Acilltator is ill. tile btm interest of the chiJi:ltGn,
rr lS PURTHBR ORDBRB01hat all azpenses associa1ed with the appo.ildmcmt of the Cooperative Pareotms Paollitator shBlJ be split equally betwecc the parties unlesa the patOntina facuttator fin~ tbat a purcn1 ia using the ptO~D fOr b.rassment or is llbusln& tllc p.m.CCIIS in which easo sht:J may rea11ccate tbe costs fortbose ~ 0t tbusive sessioas agai:lst the~ Who ~·abusing the process. rr JS ORDBRBJ)that each party shall ptotnptly pay one-half of all joint sesstout. IT IS PUR.'I'HER ORDBRBD that each party aball prompt!)' pa.y fOr anydrlcl all scaslons 1ba1ls sehoduled by the party and in which 1ho party atteads indiv.idually and without iho other party. Tb~ Court sball enforce pa.yment of any amounts owed to the CQopunrtivc Par.enting *140 Coorctiu.atot by eitbetparlf 8S necessary.
The Cooperati~ Pate111htg Pacilftator sball usbt the pat1ios and tho chfldren 10 promote the childMtt's best imcrest in genezal, The Coopetatiw Parenting Facilitator is entitled to communicate with the parties, children, health care provide:rf, p.syobological,PZZYiders) teaohcn and any otbe( 'lhkd parties deelllod D~a.ry by fhe CoOJX'mtive Parenting Facilitator. Th&
··a?!!. •e s 02/U/2012 lED ,8:48 [TXiRX NO ST8l) fi01S • ••• • • •• • .. . . . . . ~ "'A • • - NO. 06 76 P. 16/38 MAR. 7. 20\2 3:45Ptt. QUILLING SELANDER ~0. OS76 P. l6/3V
FEB. 22. 2012 4:50PM
.QUILLING SELAIIDER ponies shall coopetalG '\\'ith the coOJ:dinalor by cxccUine My n~ releases. I. The Coopcatlvo Pw-endng FacllftatOr shall:
1. Mako llJ1 reco111Dlen.datlons relatl"" 10 eOtol'OinS any shared parontiug plan ld1d P8l'C!IrtiDI sehedulc 8Dd. to minimize coDfHC11 between the parties by address!ug the particolar pattau of behaYior of thG PIII'CIUB1 · ·AsSist 1ho pal'ellt m insplCJnOntJng any plan or sc:hcdUlc so til at t11o ch0dr¢n.have
. 2. continuo\IS and e0111istent coWact with both -paents within the contmct of coun ordered possession schedule:~.
3. MUdmiM coafllct.loyalty binds and UD!leoeselty SbWS foi' the cldldren. 4. Hllw the followiug btoeull'Ciponsi'bilities:
a, Rcconmtend apptC>s.ches tbl1 wUl ednte conflict bctweeu. parents Reoommca.d complkmce with my parentfngp!an 6r pamntias sc!=lulc in b.
tho Co11rt~t order. c. Reco~ oucslde reilouroos aa needed s\lCh IS paten~g cJuscs, p&yebatharapy~ etc. . M.cmftor parcnq plan or~ Kllcdule imd mediate the parent's dfsputea c:oucemins pmeatiug issues.
e.. Wtit& detailed guidolh\es otmles teGoDID\tnded tbr conummlcation ~en perents and ~thmas guldoU.uos or ~es 'With the paftlliB. Jfplll.wtms skills aro ·laGldng, thl) cooidinator sbaH work Wlfl:l one ot bath pantATs to U,Sob those skiDS.
f. R.econunend modificatiou of the pamtb1g plan wh~ agteement Ol *141 co~ cannot be 101Cbed [1] as a me&JIS ofrcducing conflict 111d promo11og t\1e beat Interest of the c~ Any reeommondll'don for m.ocUfit;:a'tion of a plan or schedule must be in Writing and submitted to the parties amd their auomoys. Prior to Oompledon, wmemodificaticn ot'tboparentfogpllfl wlwlmutual
g. qrcemeDt has bctJ1 made by both pueota and their a&tomc:ys. ·h. Prior to compJetio~ teCOm:ro.cmi how a partlc;ulir elements of the pa:cntfng plan or schedule sball be implomePted inoludiag, Without limitation.. the frequoucy 8l1d le'tigth ofvlsitalion, tanporary ~in
, ............. ___ . ., -· ,_,. 0212212012 lED 18:4& [Ti/RX iio .97&7) fljo18 Qulll!NG StlANaE~ MAR. 7. 2012. 3:45PM NO. 0676 P. 17/38 QUILLING SELANDER FEB. 22. 20 J 2 4:50PM f\\1. 0576 P. 11138 Cbe sdledule. holiday or vacation pbmn1ng, logia\Ns ofpkk up and drop otf, &Uitabllity of eccoiDIIlodarioos.lssuea dcaliDg with stepparents and siga.ifiCaal othet;,
l. Work With both plnmu ant1 WilY significant othem to UpdatG and fine tuu0 their pax=1iag stbedule over tfme. (All changes m the ftDDily's cltcum&1altoea coulcl not bofomeeA when tho pamlting plan origtnateq). Parenting sohedu!es, poat dlvorce. may need to be adjusted to child.ten's dwtgblg dowlopmeUm! ueeds, sc.hedules. no"{ blended ftunilies or evolvlpg outsidb lnfcrests. Bos~ ~ both paretlts mabltain onaomg relationships With the chiJdten.
j. Aeeommend a ftttal dcoieiall ou. any parenting iuue o'Yei Whioh the puents k.
reach en im,pllsae, bUt $ubaUsslon of a writtenm:o~ to tho .PILtties and their cOUasel. Bduoatc the pareacs itJ. the areas of: «ffedfve col1.Un\Ulication lllld.negotistion akDls.
f ofl'ectivc parcming skiDs.
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how to me$t tho dtweloplllCJltal need& ofth~fr ehlldren. boW tO diatri,pge ttom each otlmi' when it loadS m conflict.
' I how to kcctp tbcir ch.lldraa out ottho midcllc. 111& ao\\\Ws of1heir eoDfllct BDd its efJKt oftbc thndren.
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The Coopemlw PireDtfns 'Pscilltator m01 recou:JD~.obd the edncattonal j COmpoDGt is completed Jn a groUp fbtmat with 01her divomiDg parents or lA a co..patent fommt. If the peraats participato iu a group the Cooperatiye
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~Facilitator may tecomm.md th~ participate to the smnc group together or sep~ly. '[Qe jom.t CX!'palellt sessions may oec\lr sbnultaueously or after the COtllpletioa. of 111 oiglit week gt"OUp, *142 Mahrt4in comlllunication amons·au patties by servi~ if neoessal')', as a
m. c.onduit for iufbmmtion. . 11ut Cooperative PareilCiJJi PBGilitatm' is not the ally of~ parent. The Cooperative Patefltins Facilitator's Nle is active tmd speolfioally focused OR·~ p~·wotk togetbct :tOr the benefit of1ho cb:ildml. Tho COopciatiw Pamntina &cflitatoz's f\mdamernal role l6 to minimize the coafUct to which 1he children are exposed by1he Jlatties. The Cooperative Pirenting Facili1ntor l8 not a eust.odY evaluator, nor oa.n
o'Z/22/2012 '(lEO 18:48 tTX/i\lt ~0 9'!81) ~ 017 -···- ...... ~AR. 7. 20i2 3:.46PM OullliNG SHA~DER NO. 0676 P. 18/38 NO. 0575 P. 18/38 FEB. 22. 2012 4:50PM QU(lUNG SELANDER they cbaDge the am.ount of tho cUStodial time clthcr parent bas been grsnted by-the co• Making decisions to p1a.cc obildwn in fke res!d~ and custody of ono ~would serioliSty comvromlsc the Cooperative Parenting Facilicstor•s ne\Urllllty ~ 'l'hc Cooperative P&tCDting FaclJitatCJ' does a.ot have the power to reootmnend any changes relevant t£J1he . primuy xesidellce of 'tho Gbiidrea. The Coopera\Wc Parantma Faaccilitator remmnend tel'tlpOl1IZY ob.al'lge.f to redact the couilict for the childten or to beuer understand the nccda oftbc c;hild."CD. Tempowy cbmtges nn: 1l1ose ahaup ihnt woulti nor expand more than a few weeks and might include alight llhBnaes in tha1n1DS!er loCiltion, time ofphone call&. aod othor parenting issaee.
o. R.eoomtnend if J18889Sat1 epecifio soluti011s to visitation is!IU8f $l1d shall make recommendation. in WriUng to couasol, p. Asststance provided by the CoOpamivo Parenting Pacilltator ia not ln1tmded to be aedsls semce. u~ an~~ impacts tilt\ cb.ildnm. ncithet parent aball contact the Coo~ Parenting F11c;ilitator outaide of no'llUld ~ddDB houtt.
n. Meeting with the Coopentm PI1.'CI11tin8 Faoilitato~ Tha Cooperstivo Parenting Fam1itator may meet w!th the partit:s, the children ad L. sigoificat othm jointly or separately. the CooperatiVe ParontJng Facilitator sball rect:umDend the appomtmeats sl1a1l be joint at ser:amtc.
2. Both parlnts shall CODtact the CoOpcratiw Par<mting Facilitator to acbeduie
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appo~ents. Appolntmdl!a m!Q' a1BO b~schecbated whezl the Cooperarivo i' P~ Paollitator requesm.
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3. Bach pazant sl:mlld ·~any disqresmst$ or con'COn'IS l'egan:Bogtbe children to the C~ve ~ P.ooili1litor. The Coop~ Parenthti Facilitator *143 sbslt work with both pll!eDts to reroive the ~itt andif2l~BiiiG)", Bhalt recommend anlpproprlam tcdOlution to the parties and their eounsel.
Tho Coopemttve Parenting F&Dili1ator may submit wxitwD reports w the pll:diss, the: QOUitt tnd lbair <:oun!el desedbiug any oonflicts aDd tbo Coopemtivo ParcntingPacllitfttor's reoommende4 hiOtutions. At any time, the Coopnti~ Parem:luS Facilitator may also rcpon to ,;,- tJ 2!!!!14!1& . '. ats:zda&
ale@ I !; ' 02/22/2012 lEO 18:48 (lX/RX NO 91B7l ~018 . . . . ... ..... .. ~ MAR. 7. 20 l1 . 3:46PM 0UltliN6 SflA~uE~ NO. 0676 F. 19/;S F£8. 22. 2012 4:50PM QUilLIIG S£LAMOfR NO. 0576 P. 19/38 tho p8l1i65. the COUJtaad tbeh eo=-t 01' ~w compli•nr..o with mcS 1hc pcemal.aitudes about aQY okmelnofthe~~ ODr P9!t Jf/l!pei
1T IS ORDBltBD that fhe parUca (Cxccpt hl enerau~) commuoioato tlJtough Ow Family JVJ.4rd. IT IS FURTHBR ORDl!lU!D that~ ptrtlaf post ·a111.Df0cnJtfon reJ8tiDa to tbo ~l' children upoa. ~ Oll O!n Family IPbtrd.
IT IB'I''URTHER. OlU>BkliD t11at 1he pWUS -.n pllf4base OUr Fam«y Wlz4rd (www.olllfamil)' lrizard.eom) within tb1tt (3) dqllfb:r tho etmy ofdW Order. IT JS FURTiiSlt OimnBD tt.st the pereots ~ UJe Out F1Z111t1y Wflard tor .u COIDA\\Ulicttioo. ~the~ absent an:~. wi1ll cb oa1y aocptioa boiugtbat if ohbetpuct Meds Co omuil.n Mchalettt to tbG otlu:r.PCcDt. atxl t&8y ere UD&Ido to do ao through OUr Family
( Wlz:ard. tbea 1bc ~t sU1l scmd an cman wfrh tbe attac:bmm1 to th: oiber pire.nt th1wah that
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parent's ~ cmaill'ddtoss (Kab' Tmoaon's' ~email addrcst!
f
~r substitato email adchaa n~ tbro\llb Oltr Famll)' wlzttrtl;
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't&tollp 0111' FliJnlh' ~ aQd tJao eoocl.Uae ocherpmeat til orau1l tbroup Q.lr Fami'JI PltJurd ~them that an ODI8i1 wu .at to 11BJ·pareat•a G1DSI1.,_~
*144 rr IS PUR.'ilmlt ORDBRBD k eacb pm:nt &ball tlmo1; (wi1htu 48 hOllll af~t) pl'O'\'iAfB h other patent, duuugb 0111' FfJllliJy Truarrl Whh~on recd'¥Od r~ any children \be subject or this sutt.
J>q•l1 n/U/2012 t£0 11 : 48 (Tk/R'C MD 81!7) lib0\8 .. ... . . MAR. 7. 2012 3:46PM OUilllNG SElANDER NO. 0676 P. 20/38 ft8. 22. 2012 4: SOPM QUillfHG. SELANDER KO. 0576 P. 20/36 rr IS FUR.'tlma OIIDEJUID that each parent sba11 UpdSte the calendat in Our Family W't%0Wl repdini all aotlvitlcslcvcnts/appotntments concerning tbe ohildrat'l. as toon as tho idfommtton ts lmovin to the pmmt, and at a mililinum bymiduight on Monday and Friday cf each weok begimling 1he fiBtw~kfollowJagthcentry oftbis Order. DopH~Mn(£
rr IS OlWERBD that BR.Y AN ROWBS shall pfOduce twsoty four (24) mombs ofbank lftateme:DJS, credlt oud lt*mcnts in hi8 name:_ and hta taX retnms from &.o thnc of divorce to the el.llTeat dtlte. These do011mcnts tn\lSt be produced within fimttton (14} ~to his attomey of record aod fbrwatded w MARYI'ILLOTSON's attonJsy ofreco:d Witbln tbreo (3) business da.ys ofteceipt by ~Y AN ROWBS' auomey. It an adjustment Is wamnte:d :tQr ohild support using the Child Support gaicfelines 1bc amount sbaU be inserted in tbi» 01\icr. If the psties are Utlable to agree t~ a tlnll! suppolt adjvsttneat the tnetter a ball b6 scheduled form 1n person atbitra2ion with Fnmces Hards whose decisi011 shall be b~ on the parties.
lT IS .FtiRTHBR. ORDBRBI> tbat BRYAN R.OWES shall secme the •aid child aupport with k dec.liniog teJm wurane poUcy with tho children as beneficiaries and pmvl4& proof of samo anauallyto MARY TU..LOTSON.
IT IS ORl)BRBD mat BR.Y AN .R.OW.SS ibaU sUbmit his ptt~t')f of pay.mlmt!l· w Pat OUl or *145 MARY TILLOTSON (for smi~»s by Pat Gill) \\litbb:t foUttecn (l4) days of en~ of this Ozdcr. rr IS FURTHER ORDBRBD tluit MARY nr..tOTSON shallsubmlt .Invoices from Pat OiU to BRYAN ROWBS.
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cd.-AP" .as , a r [1] !:i:&i Ji!e' Bi6~'iill . U:e::±::::m:ilfl r ··· - Pa.1etB I J I I t
02/22/2012 lED 16:48 [TX/RX HO 8767] ijDOZO NO. 06 76 P. 2 !138 MAR 7. 2012 3:46PM QUILLING SELANDER rea. 22. 201? 4:50PM NO. 0576 P. 21/38 QUILllN6 SElANDER IT IS ORDERED that BRYAN ROWBS sbaU pay MARYTILLOTSON [1] s deficJenc;y (subject to retaib~ or tmo up) 0'!1 the automobile Jn the Decree ofD1,orce. SUbiuission .shall be within fourteen (14) days in tho same manner as bank sta~menrs and credit cud stmcmeot.. lT rs PuR1'Hl3R. O!U>BRJ30 that the parties shall offset tbe amounu that ellCh <'WCS ancl pa}'Dlenf made to the other pan,. m the OWD.t 1be amounts do not offset. Eet!a Ctlrtil;rdfrr,dt:{ltfillf:!
lT IS FUR.nmR ORDBRBD md tlae plll'ties egree that the mblor cblldren shall fulish tbe ~nttetD\ oftbe uetmties ilt wbioh they are emoned. Dante tenn onds Summer 0!2012. Chok, baskctbttll 8Dd soc= 10rm ends With tile completion of the S'prins Semester or aotlvity
. term 'Mrhin tbat sero.cscer or whichever first oecurs. Cub So.outa temt f!Dds with Summer of 2012. ITIS ORDERBJ) that BRYAN R.OWES shalf JJa)' OZJ.o IWf(l/2) of tho COSG of the te.giattatlonJ =o~ unifo=s, e®ipmem for the ohlldrcll to participate ln these actlvitles for thlstcan.
IT IS OROBRED and tbB parties agree 1hat BRYAN ROWES md MARY 1"'LLLTSON sbaU QlCb pay one batt (1/2) tJf the can of qtee<l upau. extmOQtri~Ufrir actlVi'Ues, inclw:ling 1 l
camps bJ' lessons. IT IS FUR.T.HBR ORDERSD ~such apemont muse be In writing, eithet *146 cm.flil or toXt eonstimtes a "wri1iP!( [1] fot purposes of this pruvision.
lT IB PURTPIBR. OtulBR.BD that tho Pll'f3' iD poSSGSSion of the Cbtlcbn dar-ina a l'Ogulerly scheduled e.JaaOUaicvlar activity shall use their best efforts to 1ransport the childzcn to thauctivJty on tilne and insure tbe ohildre.n is p~sont for the duration o£ 1he aotivity. If that pmty ;s· UDablo to traDSpOrt or insure 'fhO·\)hildml are present for tbe duration of'tlle lll.-tivity that
02/22/20i2 tEo 18:48 tTX/RK UO 67S7J iiflo21 MA~. 7. 2012 3:46~M NO .. ~6i6 P. 22/38 QUIU.ING SElANDER NO. 05 76 P. 22/38 FEB. 22. 20i2 4:50PM OUJLLIHG SELANDER parent .shall offer the opponuni1)' to the other pmat !f'the .Parties are not abla to agree upon an activi1¥ 1hoy sball confer wi1h th& parent fbcUitatot who &hall Nlidor a deem on fbat is binding on tbD pm;uts With rcprd 1o matacorrlGular activities.
IT 1$ ORDBRED t:bat either party shall hav~t the rlgbt tO earoll the children in ex1ra.Cuai~ activities witho1lttho oousent of th= other party provided that the non.eonsentmg parent is not rcqnited fc) pay costs of the &Rtivit}' nor shall the non-cODB81lfblg parent be requiled to yiold tWt 1i1ne SQ 1hut the ehiJdten ma.ypartlc!pate in tbat aetivity.
rr IS FUR'I'!!BR. ORDBR.ED that tho method ofpaymmt for tbe ton:going expenses sball be lJiid by 1be patties 88 follow.: • By direct p~t of' his or her SO% &bale to the ~on <1t individual a! applie®lo widiin five (S) blltinesS days of teaelpt afm invoie& speoi.Mn3 the totul pttyment to be made; or
• }!y tnllking his or her 30% of1he p81Dl:.Ut nvaifablc to the payiug party to &\able him Of her to timely make the payY:\~t. IT JB OR.l)~ that ln 'tho event either party paJS tOO% of IDlY a! the tmegoing ~ 'daen tht ncmpayln& patty shall rdmburse the pay1ng palty S9K of such expe.ases patd by the p'Y{Da plllf¥ withm five (S) business days oftbe nonpaying party's reooipt of *147 dacumelllation mdencing the ~g pmy's p&.}'llWlt of snah expeoses. SUbh 18imburscments shall ba Jnade by mail or hand deliVOI)' at the p~ party's oquent reeidcnce addrcs8.
Puge2Q l 02/22/2012 tED 111:48 (TX/R)I' NO 0167] il022
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.. ~ ·-- NO. 0676 P. 23/38 MAt 7. 20l2 3:46PM QUILLING S£LANOER FEB. 22.2012 4:51PM QUilliNG SELANDER tlO. 0576 P. 23/38 .. l!egltl! t'et« 1. lTIS ORDBREDthttBltYANR.OWBS andMAR.Ym.I.OTSON shWlcaoh }lt01Iide medical supJ)ort for each cbildreft as set out in this ol.'der as additional child support tor as long ss the Court tne.y order BRY ANROWBS and MAltY TIU.OTSON m provide support for the ebildten under tections 154.001 aud 1S4.002 of the Texas FBZDily Code. Beginning on the day BRYAN R.OWBS and MARY TILLOTS()N•s aetoal ot potential oblfgation to suppart a d.Ulthtn uudtr scotions 154.001 BDd 154.002 of the FGmJJy Code ter.m.lnates, IT IS OROERED that BRYAN ROWBS aad MAR.Y TILLOTSON arc d!sohal-ged from the obligations set forth in this medical suppott order With re.spcct to that clu"ldren, ~tfcr 1111)' faflure by a parent to fully (;Ornply 'Vdl:h those obligations be!ole tbat date. tr IS PURTHER. ORDBRED that the cash Dlddioal suppOrt pa.)'DlQDtS ordered below are payable tbrou,gh the mate disbursenmnt unit cmd subject· to the :pzoviaionf for Withboldiug from eamiDgs proVided above. for ether cbUd s~~ppo:t paym01lt9.
l. Deffblliom • BHeaith. .Tmunmce [0] means IDsurance CO"'e.rago 1hat provides basi~.hcalth-care services,
inoluding -Nual physlci1m services, omce ~ hospHaH:mtton. aud labo1a:toty~ X .. ray, om! e:metgency sel'Vfces .. ~at m.a.y be pmvided thrOugh a. health mahltenanoe organization or olil.c)o *148 prlve.cc or pubUa organization, other tbmllll.tdblassistance 1Jtlder obapter 32 of the rreua Huuum 1tesOUtOOS Code.
"Reasonablo co$t" meUDS the total cost of health lnaunmce cavemae for all Children for which ~RYAN ROVlBS is respoasiblo under a medical su.PJ10rt otdor that doos !Wt exceed 9 PQe21 02/22/20l2 IE'O 1&:4& (TIC/RX HO 91911 ~0~3 • • • • · • - • · - ___ ....... &.•"•••••• ••v w..,...- •• ~..,.,..,,
MAi 7. 2012 3:46PM QUiLLING SElANDER NO. 0616 P. 24/38 P. 24/38 F£8. 22. 2012 4:51PM QUILtiNG SElANOER NO. 0516 peroont ofBRYAN ROWBS 's 8Dllual rcsowces, as described by section ·1 S4.062(b) of the texu Family Code.
"Reasonable and necessmy health-care expenses not paid by insunmce and incumd by or an behalf of a cbildreG n ildudc, without 1im.ltati.on, any c:opayment$ :for ofticc visitS or proscription drugs, 1h& yearly deducrtble. If any, and modioal, suraical, p;rescrlption drJg, mental hcaltlM:are serviCe!) dental. eye care, ophtbalmologicit and orthodontic cbatgt>& These ratsOUablo U %leC058I11 hcaldJ-cate ~do not iJlcJ.ude ~CB for 'traVel to and Um1l dte healtb·oare provider or for nonprcsoriptiob modiwdion. to hand deliver tho dOCUDleut by a penon eighteen years of age or oleer
a. citlw to tho recipient or to a person v.ilo is ~ightecn years of age or older .
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and perDWtently resides With the rcclpi~ to deliver the dooument to tbc reclpleat bY ccrtii1ed mat1, teturn receipt b. rcqDeSteCi, to the :eoiple.ot's Jest lmown mafliDg or resideuoo addtess: or c, to <ldi.wrtbe doct11l1Q:lt.to the xedpicnt at t.ko teeipicm's last known mamng ot residcooe addtcsB uaicg 8Jtf penou at ·eDfity whose principal busiQess f.! 'that of a~ or dbliwrer of papers or doomnents either *149 within ot outBJde the t.JDitod. Statu. Eindibp OA HeallillDsumnce AYAilabllity• Having considoreG. the~
3. sccesslbillty, and quality of health insoranco ooverage available to the parties, the CO'\lrt finds: HDalth ~Is available ro MARY TILLOTSON at a reasonable cent of$160.00 · l! s 4 ..... 'i . .::!.!! · ·· e i11 iK .. Jz_ "ttl&! -···*' [7] •·Jl ·: · ~~~.zw::::::::M\P oQ' ··~~·.-:-.;~ Ordd ,;, S.ltAflci:tb•g tile Puw Child Jlcltllltlilllllp Plllil JJ
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02!22/1012 lED 16:48 (TK/RX HO 9787] ll!024 . • . . • - • . - - - - • • • • .. ......... · · - ............ " 'd.t .... ~
MAR. 7. 2012 3:46PM p 25/38 QUILLING SELANDER NO. 0676 NO. 0576 P. 15/38 F'EB. 72. 2012 4:51PM QUilliN& SElANDER t from anothtr source. including 1ho pragram 'lUlder sedion 154.1826 of the Te.xas Family Codrs to provide health insurance in title IV-D QI.SOS, lT IS .FUR.THBR. ORDERBD tbatBR.YAN ROWBS shall roimburre MAltY TlUOTSON the cost of the medioal bsSu.rance premhnn.
IT IS FURntBR POUND ~t the followhlg o.tdors wgardmg bealtl\•CIU'O coverage~ in the best lnraest oft}u, children. Provision ofHea!th .. Cate Covagc .. 4. As ~blld IR1PP0Jt MARY TILLOTSON fs ORDERED to cont.Uwa to mamtain bealth
insUl'iQICe for eath child who Js the subject ofdds suit that ccvcrs bam.c ~ seJVices, includiag usual physician sorvtca. office visits, hospJializotion. labomtory, :X:-rey, lllld emeti&GflliCMces.
MAltY nLLOTSON is ORDERBD to oWntuin a110h health toauranco in tbJl force and dlCot on eacb children Who is the subject oftldiJ suit as lo1J8 as c'blid support 1!1 payable for that children • MARY 'ttt.LOTSON is ORDERED to convert any group irlsumlce to indi'lidnal eOvertllC or obtain othu ~t:h ita&urance for tach child witl-Jn fitceGtJ. days of~csn ofhet employment or oftlcr disqualification nom the group .fnsUtallCO. MAlti TU.LOTSON ia ORDeRBD to exeroiso WJ1 ecmvemon options ar acquisition of new luxdth inauranoe in such a. manner that the multiDg ~ oquals or exceccb fhatili atrect immcdia~y be.fote the *150 ohauie.
MARY TILLOTSON Js ORDERED to tilmish BRYAN ROWES a ta:uc and coiltx.t copy of the health insurance policy or oettlficatloo and a sohedule of benefits 171itin ton (1 0) days of tho signing ottbls order. MARY TILLOTSON is ORDBI<.BD to ftu:ni!!lh BRYAN ROWB$ the
02/2212012 lED 18:48 (TX/RX ·MO 9787) ~025 NO. 0676 P. 26/3S MAR. 7. 2012 3: 47P~~ QUI lllftG SElANDER rEB. 22. 2012 4:51PM QUilLJNG SElANDER NO. 0576 P. 26/38 insura11.oe cards IJld any othtu" forms ncoessmy tbr use of the bwm.ncc within tom (10) days ot the sigujng oftbls order. MARY TILLOTSON is ORDBRBD to provide, within t1uw days of teeeipt by het~ ta BllY AN ROWBS any insuratli:O checks, otb:cr payments, or cxptanat.i.ons of benefitS telatlug to any medical expouses for 1he cl:dldren that BR.Y AN ROWES paid or illc\lmd.
Purswmtto seetkm 1S()4.051 ofthe Texas IamrantoCodo, it!sORDERBD thatii MARY TILLOTSON is eligible fbr depaodent health coverage but fans to ap~ly to obtain coverap for•• ohildxen, thG tnw.~ shall onroll 1he children on applklation ofBRY AN ROWBS or othm (IS autMdvxl by law.
Pursuaslttosectionl54.182ofthoTc:us.PamUyCode,BRYANROWESisORDERBD to pa:y MAllY TlLLOTSON cash medical support for .reimbuuament oflmalth insurance premi1ims, as additional Child support, ofO.oeHundlcd Sixty Dollam an4!J'o CenU ($l60.CO) pe:r month, with the fitSt illstallmetrt bcins dn& and payable on Deccmbef l, 2012 and a like inst.Jllment b~ due aud pt.llablo on or befOra tho first day of e&chmcmfh \Ultil1hc ttssminotion otoun1mt dlild suppmt fbr t1l cbildroA UDder this order.
IT IS ORDBRB.D tbat the cUb medical &Upport prorisions oft.'Us order sball be an obligation oftbo csttzte of:SRY AN ROWBs ad shall nottemWu\to on his death. Pwauant to section 1 S4.183(c) ofihe Texas Famlly Code, tbe reasonable and DC(lt§al'y *151 heliltb·car~:~ exP*JSCS ofthe childmn lhat arc IU:Jt tebnbv.med. by hoal1h. iDS\lt81lce are aUotated as followe: MARY Tn..LOTSON is ORDBUD to pay SO pcn;ent and BRYAN ROWBS ia ORDBRED to pay 50 percent of the unreimbmed healtb.care expemes if, at the time the expeDSCS m illcuacd, MARY 'l'JLLOTSON is pro'Vidhig health insurance as ordered lnpludtng
02/22/2012 !ED 10:48 (TX/Rk NO $lSll E!02S
*U 0676
P. 27/38 MAR. 7. 2012 3:47PM OUftLIHG SfLA~OER NQ 0~76 P. 27/38 fEB. 22. 20!2 4:51PM QU1llJNG SELAHOER wlthoullfmlratton, mBdlcal, pre6CY1pllon dtug~J psychiatric. psychologicnl, denltl~ eye care, vision emma. oolllact len~ and ortltodDntil: cll41'ge;. ~l therap)'a d)~lma tulorlng. and · tlwapy, pllJI~I tlrerapJI. psyeho lllucationallhsrapy. 'lhl fJI11'IifM Qgl'6e and It Is ORDERED that the cUI'7fnt heDith '""" providiJrs and tltmtal CID'S J»'''Vfdars ahdtlflot be ehtJnfdd dwing rhe Jlfntkiii:JI of the CI1JI abNII1 Written a,.ssmsnt ofthtpontes.
The party who Incurs a heaith-care ~on behalf of a children is OIU>ERBD to submit tO the other PIU1.Y all fortDS, receipts, bills, statauents, and explanations of benefits reflecting the uninJUred portion otrh.e health-care GXpeDSCIII wjtbin thirty da)lJ after he on~ reoeivcs thettt. lk noninomlinl party is ORDBRE'D 10 pay his or her pe.rceMagc of 1be uninsUred portion tJttbo htJal!h-caro expenses ci1her by payiog tho hcalth-wo prwider directly or by rdmbmsing the incun:bg party for any advmco paymout OKCeeding the incuning party's pon:entage of the unin&ure4 portion of the hoaltfl..care expenses withto. thirty days after tbc .bonincutring puty reeelvcs the fo=a, recoipts. bills. statementS, and expJanatioiJS of benefits.
T~ p!"OVltions apply to all1Dll.'eimbume.d. heakh.-eare ~ of any childlut who is th& s""'.fect oftbis suk that arc.b1curmd while cbiJd sup]101't is payable for that children . Sec;cmdaty Coverage -lT IS ORDERBD that if a~ provide$ secoZJdaq health ~. insuranCG co1terage far the ebi!dten, both parti.ca ahaJI cooperate· fuJl:y wJth regard fD the h.amlli::g *152 and fding of claims with the inSUI'aMO oanier PruvidJna the c:ovc-ngo m order to ma.1Cim12e the
· bentrfits a.vaUQblc to tho ob1lll...m and1D enaute that the patty who ~for hultlK;are expenses for tho children is .ro.tmburaed thr the paymint ftum both· carriers IO the fWJest extellt pi)Ssiblc.
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e , •'" ·= · · ·
ail ztsa m )a 3 . G. '!._, • • - ..... E I ' 02/2'212012 WED 18; 48 {Tlt/'IM ItO 9161} iJ 027
•-• •••-• ,_,. --- ,.,.,, L,..,.,,,,, ''"' ""'V'-"'IJ WY"'
NO. 06 76 -?. 28/38- lfAR. 7. 2012 3:47PM QUILliNG SElANDER FEB. 21 2012 4:51PM NO. 0576 P. 28/38 QUILLING SELANDER 6. COmpliance wJth 1DsmaDce Company Requ1remon1S ·Bach party is ORDBRBD to coofo.n:il to all «quil=.ea.ls lm.posed &y the~ RDtl eondiilanr ofthe po1i4;yofheaitb fnsunmeo covering the ohJLdron in order to~ maximumtdmbursemen1 or direCt payment hy the iDSUm1lCO company of tho Incurred ~-eatt expons~t includiag but !lot limiteci to requiremcats ihr ac1vance uot!ce 1o my Cllrler, seocmcl opinions, and the likG. Bach party fs ORDEllBD to atteJDpt to use "preforred providm," ar services within the heer.h maiotcna.nC8 o1l)8Diati011, jf applicable.; ho'WeWr, this jnn'Vislon sbaU not •PP'-' if cmcrgency Om'C is required. Dlsallo~ of the bill by a health fnsare:t 8ball not excuse the obUgatioo. of either party to make payment; ~ver, if a billla disallowed or the ben:tit redueeci becaUse ofthl: failure o£ a parry to follow fnslullnoe proccdtns or requitemeubt rr IS ORDBRBI> that the part;y fhllil1g to follow th~ tnsunnco procedmes or requirements shall be 'Wholly ~mible for the im:teased portion of t.batbW. Claims· Except as provided in tis paragraph, tho pany who is not emzying the
7. ltcalth ~ fioli~y uoveriog the children is ORDBRED to &rAiah to the: party cmying the policy, within fit1:t:cn days ofrcocivlngthom, 8rl tmd aU fotmS, receipts, bill$, mi smtemoot! reflec;dng the health-oat&~ the purty DDt canying 1111! policy iucutS ou bcba!:f' oftbe children. In aecordanco with sCctiou 1204.251 and 1504.055'(~) of the T~ IIUUi'aact CodCt rr *153 lS oRDBRBl:> tbat the party who is not cimyJng the health iosuraucc policy cowring the chfldr&:D. at that party's option, m~ file 1IDf claims for health~e expen&e~ dhectly wi1h the insunmCG catrier lVith and from whom coVeta&c is provided for the benefit of the ohildren and receive ]'JA,Yl&nU directly J5:0lll the hwlrance company. FUitlie.Y, for the aol~ purpose of section
.. . s: waa ra!!!! "at\ a:: m • 02/2212012 fEO tu:4B (TX/ft~ KO 8167) ~028 QUIL~IHG S£lAH9£R MAR. 7. 20;2 3:47PM NO. 0676 P. 29/38 P. 29/38 :£8 22.2012 4:51PM QUJlllHG SELANDER flO. 6576 t204,2S1 of1bo Texas Jnsurancc Code, BRYAN R.OWES Js designated the managing consen'atOf or posses&OI)" coDServator of the ehildren.
i Tho PartY who is ~ns tho heaiih iusurano" polley coveting 1ho ·children 16 ORO BRED I ' I 1D subdtell follllS required b)' 1he in&\JmJlCC cotrJp8D)' for payment or teim~ of j hcalth..qsre expaoses iiU!Ilned by oltber party on behalf af a abilclten to the insurm:ce carrier I I
within fifteen days of tb2t party's receiving any fotDJ, rec~ biU. or atatement ~Becting the l ~aos. I '
8. Constructiv~ Trust for PaymenlS Rccclved ·IT IS ORDBREI> that any insurance pa.ymcms received by a party ftom the health msurance caniet u reimbmsement for health~ cape.A$e$ motat'ed by or on behalf of a chRdrcn shall hlong to dte party who )Jiiid those
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CJQenses. IT lS PURTHBlt ORDBRE.t> that 1ho pmr recei\tlng the inllutance Pll.yments is
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desipt~ CL constructhte UUStec to receive any insurance ciliecki or paymcDb for b.ealth-oa.:e expeDSGS paid by the othor patq, and the party 08n1fng the policy shall oudorse aDd forward the ch9ob or payments, Edong with aey OJ:Planation of benefits ~ved. ta tbe Qth~ party withib tbtec days oim:eiVing them.
9. WARNING· A PARENT ORDERBO TO PROVIDE HP.ALTH:MSlJRANCB OR. TO PAY THB O'MERP.AR!NT ADDmoNAL CHILD SUPl'ORT POI\ THB COST OF *154 HBA.Lnt INSURANCE WHO FAILS TO DO SO IS LJ'ABLB l?ORNBCESSARY MEDICAL .BXPBNSBS OE nlB CHILDREN. WITHOUT REGARD TO W.ElBTI-IEa THB EXPBNsBS WOULD HAVE BEBN PAID IF HEAL'l"HINSURANCB HAD BBBN PROVIDED, AND FOR THB COST OP JmALTH mSUMNCS PREMIUMS Olt CONTlUBUTIONSt lP ANY• P A1D
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02/22/2012 lED 1G:~9 {iX/RX NO 8161) ~025 · - · .... - · · - .. - - • .., ..... L .,..., ... n ,,,., "'"u' J 4U"'"""" NO. 06 76 P. 30/38
M~t 7. 20\2 ~:47PM QUILliNG SELANO~R NO. ~516 P. 30/39 FEB. 22. 2012 .:51PM QUflliNG SELANDER ON B:BHALP OF ntB CHILJ)RP.N. HIF4f/e801Q CldltiiWiptlrtJtqykltnri
§ypJprf.I!IPhl'tJda'LGtE#& IT lS ORI>BRBP tbat tbc provlai~ for c;blld ll4'J)Ort in tbb Older shall ~a obUg&t!Oh
ctf the esl*o olBR.Y AN ROWBS aDd shall not aminate on me <feath·ofBRYAi~ RO\V£5. P&ylneD1S liCeiwd lor the beadt oftha cbiJdlco. fncluGiq ~ ftom the Social Security Adta1ntatra:fon, 'DCpN.1ment ofV~eratta A&in or otlw go'VeUIUlelltaliPQOY or life insurance proceeds, aAD'ufty pa1~ tNit dimibuUont~ or ndfemea:t ftrlivor bJuofits, ~ be a ctedit apfast 'dUa obltpllO!L A»yrcsaaioing baJatl&»ofthe cbitd support ls an oblfptioD ofBRY AN 'ROWBS's estate.
ImmipetfQp Q(OniOIJ pn Romagige of Parties lmtNot on DeaihofObl!gec Tha'provislcms of1bi.t ordclr reiatina to oqmot ebild suppott tmm:inatc oft tho "maa:lage
o!BR.YAN RO~ to MARY TILLOTSON uless a n.oopatODt or a,aaey has beell appointad woacrvator o£~ cbildrctl ub.dtt ohepter tsa ·of' tho Tczu Pamlly ~. Ac obliptioa to p~y ~ld aapport un<lezdlb ordcldoel DOt~ on tbO~ ofMARY1ULOTSON but l«ttffm!Bt 9(,._., Dlrpg
*155 The Court find! that the pa:rttes agree to tb8 foUowlaa, es evide~ by tbeir stsnatum &elow. 4~ lt it ~ tbat befOJe scablg any headng or inhiAtfns d.iscovcq iA' sun rot modifica~on
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0212212012 lEO 10:48 [TX/RX HO 876?J i)030 I . . . . .... .. . .. .. ..... .. . MA~ 7. 1012 3:47PM QUiLliNG SEtANOEK H~. OE76 P. 3!/38 FEB. 22.2012 4:51PM OUJLLING SELANDER NO; 0576 P, 31/38 of the ~ and conditions of couorvatotsbip, }'Oasession, br support of the clu1dren, except in an emergency, the~ shall mediate the ~oversy ln guod faith. This requirement does o.ot apply to acticms brousdtt to enforce this Older or to cnforco any subSequent moditJcatiolls of this
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ordtt. It is agreed that the party wishing to mo<lit)t the twmB and condttions of conservatorship, I I
possession, or support of the children abeD give writtel'l notice to the olhcr party of a desire to
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mediato the con1r0vmy. If, wJthin ten da.ys after receipt of the wnuen notice, the parties cannot. agree on a mediator or the othor pRrty does .not &groa to attend met.tialion. or falls to ntten.d a scheduled ~auon of the controversy. the party desiriag mOdifioatio!l abaU be r~ed nom th3 obHgatioa to mediate and sball be ftc:e to :filo nit tor modificafon. hmUHW!t.H'tltmzllnlqn,i!!tlon
The parties agree and fho Court orders: ND .!:Jiqpttrsw·Sml...tnlltJifll· Ncitharparty shall make dtgparasiag SUlte.litects 1. about the 01het part¥ or tb& other pad)"s fiunily to or i.n the JftSCDCC oftbe ciWdrea or within 1he h~ of the ohildre.n nor cllow any thUd party tn dlS}3at'lge the other prent 1n the~ ofthel obildr•·or within the hearing oft= children. Ng 12f9sz:'etlM that.flh8llt4 ·Neither pmy sbaU nlBke dispa:·aging statesn&nts
2. about the atbctpatzy•s religion in the pttSeace otlbe cbildten or witbfn the hearing of *156 tho dill~ nor allow any thhd party to dfspmge 1he other pm-ent's religion in. the presence of'the chlldleD or within the hearirig oftbe children .. Nq Diqig9R/mr8rqlenlgnt; ·Neither part)' shall disparase nor allow a tbJrd party
3. to dispDJ'BgC tbc employ ofth~ otherpanw or that pamnt'a family.
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0U lll!N6 S ELAN ~ fR NO. 0676 P. 32/ 38 MAR. 7. 20l2 3:47PM NO. 0576 P. 32/38 F~B. 22.2012 4 : 52~ QUilLIHG SELA~OER CemlugtJn 11M PrUfMI oflht Clylf/!:gr_- Net1har ~Shall nor shall ~hey 4. ailow third parUer to bo nabd fn tbe ~of the cldld.reu, nor rhlll tbey bathe 9li1h 1he children ftOt llk1w a. thtrd peny adult to do ro.
Smlccel»'rlt PeliJfonet mel Rcspo.ack:rltwaivo bsulnQo aJd servko of1bo writ of f.t\lunctloo, by ~on or~ mdenccd bytht ~below. rr IS ORDmrei>U.Petitiaucr an4 Rospoadeut tball 'bo ~to be duly sorved wtdl the Wlit of iJUUDCCioa.- ~d 1t(anlf4tton
Tbe in1C:taation ~Uirod tor eadl party br ~ 1 OS.Otl6(a) oftbe Tex• PamUr Code is p tbU<nw: Nae: DUN ROWBS
BoQJal SOG\Zri:\y wmbor: Diiv«sllcena., QUmber and Currebt ralfdelloe ~a: . MaWDa~ Home telepbonc manber. Nam~ of employer. Addrm·ot emptormeat: Wddt 1Dlepho&te Jilimber:
Name: M;4RT1'1LUJTtW1V Sooial Smity INIDber. Drivcl'allbeillc JlDIIlb«·a *157 eu=n .resldcnoe addr~ Ma1lh.e address. Home 1elopbone n\lmbcr: Name Q{-toyor:
C1&&1:s'BII'.t IIJI6lfltJC (AnW I''S Jlrdklll Dhllld DrlH, D411lu, T~.a~ 'ISJJS Address of omploym=t :W01k tclaphono number: 'JU-156-'JOOIJ
o2/2Z/2012 lEO 18: 40 (T)CIRK tto 8781) llJ()S~ .. ... . -·· · .... .... ..... .. ..
NC. 0676
P. 33/38 MAR. 7. 2012 3:4iPM QUllUNG SELANDER QUilLIN& SELAROER »O. 0576 P. 33/33
FE.B. 22.2012 4:52PM
bgulmlNot/IJes EACH PERSON WHO IS A PARTY TO TRlS ORDBR.IS ORDBRBD TO NOTIFY BACH OTBBRP.All.TY, Tim COURT, AND THB STATB CASB REGISTRY OP ANY CHANGB IN THB PARTY'S CURB.BNT RSSIDBNCB ADDRBSS, lV.AILING Al>DitESS, HOME TBLBPHONBNUMBSR.. NAME OF·EMPLOYBR. ADDRESS OF EMPLO~'T • .DRM3R.'S LICBNSB Nls"MBBR. AND WOIU{ TSLEPHONB NOMBER. THB PARTY IS ORDERED TO OlV5 NOtiCE OP AN INTENDED OIANOB IN M'Y OF Tim RBQUIRBD INFORMATION TO BACli OrnER PARTY, THB COURT, AND THE STA'l"i CASB RBGIS'I'R.Y ON OR.BBPOR.B me 60Ul DAY BBFORB THE INTBNDRD CiiANGE. lP THE PARTY DOES NOT KNOW OR COULD NOT l!A VB XNOWN OF THE CHANGE IN 8t1FF!C1BNT TIMB TO PROVIOB 6Q..DA YNOT£CE. THB PARTY IS ORDSRED TO GIVB NOTICE OF 'mE CHJ\NGB ON OR BBFORB THE FIPTH DAY AF'I'lm. TliB DATE THAT THBPAR.TY lCNOWS OF THE CRANOE.
Tim DUTY TO FU'R.NISifTHIS INFORMAnON TO :EACH OTHBR PARTY~ mE COURT, AND THB STATB CASB REGISTRY CONTINUBS AS LONG AS ANY P.BRSON, BY VIR.TUB OF Tb1S ORDBR.IS tJNDBR AN OBUOATION TO PAY CM!LD StJt'PORT OR ENTITLBD TO POSSBSSION OF OltACCBSS TO A CHiLDREN.
*158 PAlLU'RBBY A PARTY TO OBEYmB ORD'Blt OF THIS COtm.T TO PROVIDP. EACH OTHB.R. PARTY, THB COURT,Aa'ID THE STATE CASE REGISTRY WITH '11m CfiANGB IN THB RBQUIIUID INPORMATION MAY RESULT IN :ruRTHBR. LlT.IOA TION TO BNPORCS THB ORDER, INCLUDING CONTEMPT OF COURT. A m..'DINO OF
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02/22/2012 !ED 18:48 (TX/RX NO 8787) ~033 I NO. 06 76 P. 34/38
MAR. 7. 2Ci2 3:47PM QUilli~G S£LANOER FE8. 22. 261'2 4:52PM NO. D576 P. H/38
QUILLING SELANDER
·" CONTEMPT MAY BE Pl.JNISHBD BY CONFINBMBNT IN JAIL :POR UP TO S1X MONTHS, A FlNB OP UP TO $500 FOR. BACH VIOLATION. ~"D AMONBY JUDOMEfo..'T FOR PAYMENT 01"" ATI'ORNBY [1] S PBBS AND COURT COSTS.
NOTict sbill1 be given to (he othor pany by delivering a copy oftbe notice to the party by registmd or Cdl1:ftiod llllil, zetum receipt requested. Notice shall be aiven to the Court by delivcrlng a copy of tho no\ioc cithor in pcmon to the c)Jerk of this Coun ot by registered ar certified l11BiJ adtbnecl to the clork at 2S61h District Court, 600 CoJl'JUl~ Street, Dallas, Texas 7S20Z. Notico shall be given tQ th~ statct cast regisrry by malting a copy Of tee notice to State Cascbgisny, CouttactSom~ 8eWoD.MC046S,:P.O.Box 12017, Austm, Tc«as 71711·2017.
NOTICE TO ANY PBACB OPFICBROFTim STATE OF TEXAS: YOU MAY USE REASON~U E.PPOR.TS TO ENFORCE l'H£ TERMS OP CRILDREN CUSTODY SP'BCIFJBD lN 11US OIIDBR. A P2ACB O.FPICBR WHO RaTES ON TilE TER.~S OF A cotiF:r 6RDSRAND THB olPICBF.!S A<iENCY ARB BNmLBD TO TRB APPLICABLE IMMdNnY AGAJNST ANY CLAlM, CIVIL OR O'l"HER.WlSB, UGAlU>ING THE OPPICEreS OOOD FAITH ACTS PBRFOR.MBD INTHB SCOPE OP THB omCBR!S DUTCES lNENto'R.ClNG 11IE TBR.MS OF mB O'RDSR. THAT :RBLATB TO CHILDREN
CUSTODY. ANY PERSON 'WHO"KNOWINOLYPRBSBNTS POR.BNFORCBMBNT AN
*159 ORDBR.lliAT IS INV ALJD OR NO LONGBR. IN BFP.ECT COMMl'l'S AN OPF.ENSB THAT MAY BS PUNISHABLE BY CONP!NEMBNT lN JAIL POR AS LONO AS TWO '\'BAM AND A F1NB OF AB MUCH AS SlO,OOO.
l!!lll!!saz ~ . - e::!; ;_£!S!. - :az -· .!!!I I i lfi ?!!! e ¥ $ I • · 7 1.
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02/22/:l012 t~D 16;46 [JX/RK tiO 97671 ~O:icl NO. 0576 P. 35/38 QUilliNG SElANDER MAR. 7. i0~2 3:48PM FER. n 20.12 4:52PM flO. 0576 P. 3S/39 QUilLI~S SELAND'ER lrctrli.itaf! WARMNOB TO PARTIBS: PAiLUU TO OBBY A COu"RT OR.OER.FOR CIDLO ST.iPPO'R.T OR POR. POSSESSION OF OR.ACCBSS TO A CHILDRBN MAY .RESULTu~ Pl1RTHERUTIOATION TO .BNFORCS Tim OlU>Ea, INCLUDlNO CONTEMPT OP COURT. A FINDING OF CONTEMPT MAY BSPUNJSHBD BY CONFJh'BMBNT IN JAlt FOR UP TO SIX MO!I.'THS, A F~ OF UP TO SSOO FOB. EACH VIOLATION, AND A MONEY JUDGMBNTFORPA YMENT OF ATTORNEY'S FEES AND COURT COSTS.
FAlLUR.B OF A PARTY TO MAKBA CHILD SUPPOltT PAYMSNT TO THE
PLACB AND INTHBMANNBR. REQUIRBD BY A COURT ORDBR MAY RESULT IN THE
PARTY'S NOTR:ECBIVJNO CREDIT FOR MAKJNO 'l'HB PA YMBNT.
FAJLURB OF A PARTY TO PAY cmt.D Sv"PPO.RT DOBS NOT JUSTIFY DENYING THAT PARTY COUR.T...O.lU>BRSD POSSBSSJON OF OR ACCBSS TO A ~IILD. R:sFtTSAt BY A 'P AltTYTO AUOW POSSESSlON OF ORACCBSS TO A Cl-DLD DOES NOT JUSriPY FAILURE TO PAY COURT-oRDERED CHlLD SUPPOltTTO THAT
PARTY.
4ttgmep~l'-
IT IS O.R.D.SRBD that attorneys fees 11~ to 1Ws b01'11e by the party wbo inctiired them. *160 rr lS ORD!RBJ> that coszs of ~urt are to be borne by tbe party who mcutred them.
02/22/2012 Weo 18~48 LTX/RK ND S787] ~035 ?. 36138 MA~. 7. 2612 3:48PM QUilliNG SELANDER NO. 0676
NO. 0576
P. 35/38 FEB. 22.2012 4:52PM QUILLING SELAHOU ~.o£AIIdfalign.4.trNgmtent This crdcr is stlPulatcd to .repescmt a merger of a mediation asre=umtbetween the parties. To 1he extent there exist any d.lffeteuces bet\Vtlin the mediation agreentetl1 and this ordar, this ordet shall contml in alliDstade()S. JJtfdlgge lrDMDlscgvfQ J!llt~ttion Requht~JM1ft
IT !S ORDBRBD 1bat the parties and dleit JeSPe(nive attomeys are discharged frotn the zcq'Oirement of.k.copiDg and noring the d.ocumeots produced in this case ih accordance with rule 191.4(d) of1he Texas Rules M'CMI Procedure.
All provisions of the prlor Docree ofDivorce that 8l1S notmGdf:fied rem4in in fc!l force Nld effect. JlrfllefNI!t Grants4
rr IS ORDBRBP ttmt all reliofitqucsted in 1b1s case and not exp:tssly granted is di!l1ied. PI@ D(Orrft.r . t/keaa . C. Z:.Ol ~ S!GNBD on *161 JII06~li>1 tUbiCI/It. DISTRlc.T COURT ACntiG FOR ~ICW.. DIStRICT cOURT Of DAlL\S COUNrr, TEXAS *"
:s:ws:
0212212012 tED 16:49 [TX/RX HO 8787} ijD038
NO. 0676
P. 37/38 ~AR 7. 20i2 3:48PM QUILLING SELAN~fR NO. 0576 P. 37/38 rEB. 21.2012 4:52PM
QUILLING SELANDER
APPROVED~ TO fORM ONLY: QUlLLTNG SELANDER LOWN))S .WlNSLETT MOSER 2001 :aryan Sttce1, Suite 1800 Dalles, TX 7S201 Tel; (214) 811·210 Pax: (214) 811 .. 21 1 ·B>r.·~~-~~-~.-.rt-:-·--
»'REDE S. AMS, JR. SWie Bat No. 0085600 AUomcyfar MARY TILLOTSON
MeCuriey-, ·orsinger 1 McCurley, Nelson & Downi11g, L.LP. 5959 Sbcny Lane. Suite &00 Dallas. Texas 15225 Tol: (2l4) 2'13-2400. Pax: (214) 273-2470
. ~ ~ ~ ar:.24o7noo . By: .. ~._.·. Attumeytot BBYANROWBS *162 !
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:ann i&aa" _s:::;s'~r 'd:f rurGJs l
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02/2212012 tEO 10:48 (TX/RX 110 S'lG?) ~037 ' ,.
I
NO. 06 76 P. 38/38
QUILLING SELANDER
MAR. 7. 2612 3:48PM P. 38/38 NO. 0576
QUILLING SELAHOER
HB 22. 20i2 4:52PM APPROVED A.~ CONSENTED TO AS TO BOnlFORMAND SUBSTANCE: '· I
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*163 l I . 1 , L .tat!: L
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... CAUSENO.DF 0~- Ja'f$7 IN TilE 2J$lg":l.MTL Y DISTRICT
IN THE MA 'ITER OF:
&,w,-s
COURT OF DALLAS COUNTY, TEXAS
ASSOCIATE JUDGE's'EPORT (Divorce/SAPCR) Temporary _L__ Final Pursuant to an Order ofRdcml. a bearing In lhi~ lhatter has been ho:kl by a duly appointed Associa-tc-=-Ju"""!dg_o_as authoriled by Chapter 201. Texas Family Code. 111.: panies are IM.'fdly gival nolice of the findinp and f\'JCOI1IItla1daaions containcxl herein and ofthcirrigln to be hel!rd by a Dis&ricl Judge upot\C:Ompliance wilh the tcmlll ofCbapter 2UI. Te.las fan'lii)'COde. A copyofthis Report has beengjvcnto each panyorlhepmty'siUtomeywho appeared at thcb=uing. ~'~-----~ II A<lltEEMENT II DEFAULT II CO~IUHG II R<ponathll- ......
APPEARANCES: Husband/Father: and Attomcy; . and Attorney: Wifi!IMoth~--- Olhcr:. __ _ · - - - - - -and Attorney: __ ----· ------·---·--
--------~- -------------- - ...... ---· .. ----- ----·· ____ Lf4Dl8t _To G)(rCurt- get.I'A5e _fb ___ 4,t..ow r-Arli.EJ~~=--- t*IHCAL Keclltr-bfiJ A~ m SPF.ttt< ----f.W~__;o_trr.-.&.!:~;ui:=.::~Al.___~="~ kJ, nt $p&.,' s l"f~i)te~t r. &w 11/)r:~ ------ . ·---------------------------- ··-· .. ·-·-------·--- ·--- ·-----·---------- ·----·-~--------
DF-DI-18287
*164
AJREP
··-·· .. ·-···- .. ··--·-···-----------
ASSOCIATE JUDGE'S REPORT
167180 -----.. - ~~~~~fllllll~llll~ll~fiiiiiUII PAGE ___ OF __ _ () SUBJECT TO PROOF OF SERVICE (Revised 10/13) No. DF-09-18237 2015 ocr 23
AM 9: 28
IN THE 256 1h § IN THE INTEREST OF ---- r t.lJct ·\ :: · ·- ~- § [1] JUDICIAL DISTRICT COURT DA~ 1 {l~ig CLT ~Xk1{
§
·• c. AS § ----o::Pury DALLAS COUNTY, TEXAS CHILDREN § MARY TILLOTSON'S MOTION FOR ENFORCEMENT OF PROTECTIVE ORDER TO THE HONORABLE JUDGE OF SAID COURT: Respondent and Movant MARY TILLOTSON hereby files her Motion for Enforcement of Protective Order, entered April 11, 2014, and who shows in support the following: I. DISCOVERY LEVEL Discovery in this case is intended to be conducted under level2, T.R.C.P. Rule 190. II. PARTIES This Motion for Enforcement of Protective Order is brought by MARY TILLOTSON ("MARY TILLOTSON" or " Petitioner in the above-captioned cause numbers, who is the mother of and (collectively, hereinafter sometimes referred to as the "children"). BRYAN ROWES ("BRYAN ROWES" or "Petitioner") is Respondent in the pending proceeding. He is also the father of and
III. CHILDREN *165 The following children, who are under the continuing jurisdiction of the 256 111 Judicial District Court of Dallas County, Texas, are the subjects of this suit: and IV. MANAGING CONSERVATORSHIP Pursuant to the ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP, entered March 6, 2012, MARY TILLOTSON and BRYAN ROWES were appointed Parent Joint Managing Conservators of the children. MARY TILLOTSON ' S MOTION FOR ENFORCEMENT OF PROTECTIVE ORDER Pg. 1
v.
JURISDICTION
This Court has continuing, exclusive jurisdiction of this case as a result of prior proceedings. VI. SERVICE AND NOTICE The party entitled to notice is BRYAN ROWES. BRYAN ROWES may be served with process in this matter in accordance with Rule 2la, Texas Rules of Civil Procedure, by serving him at his place of residence at or at any other place he may be found.
VII. ORDERS TO BE ENFORCED MARY TILLOTSON seeks to enforce the PROTECTIVE ORDER that BRYAN ROWES has intentionally, willfully and contemptuously violated subsequent to it being entered. BRYAN ROWES has violated in various respects the PROTECTIVE ORDER, entered Apri/17, 2014.
A. PROTECTIVE ORDER On April 17, 2014, in Cause No. DF-09-18237, styled "In the Interest of and Children, Children," in the 256th Judicial District Court of Dallas County, a PROTECTIVE ORDER was entered in this Court that stated in relevant part as follows:
"IT IS ORDERED that Respondent, BRYAN ROWES, is: *166 "Prohibited from communicating directly with MARY TILLOTSON in a threatening or harassing manner. "On a finding of good cause, prohibited from communicating in any manner with MARY TILLOTSON, except through Respondent's attorney or a person appointed by a Court, except Our Family Wizard related to the children. "Prohibited from going to or near, or within SOO feet of, any location where MARY TILLOTSON is known by Respondent, BRYAN ROWES, to be and from remaining within SOO feet after Respondent, BRYAN ROWES becomes aware of MARY TILLOTSON's presence.
MARY TILLOTSON'S
MOTION FOR ENFORCEMENT OF PROTECTIVE ORDER Pg.2
"Prohibited from going to or near MARY TILLOTSON's addresses or where MARY TILLOTSON normally resides at "Effective Period "This Order shall continue in full force and effect until April I 0, 2016." "Attorney's Fees The Court finds that BRYAN ROWES should be assessed Five Thousand Dollars and no Cents ($5,000.00) as attorney's fees for the services of Frederick S. Adams, JR. IT'S ORDERED that FREDERICKS. ADAMS, JR. is awarded judgment of Five Thousand Dollars and No Cents ($5,000.00) for legal services rendered with post judgment interest thereon. The judgment, for which let execution issue, is awarded against BRYAN ROWES, which is to be paid $250.00 per month beginning May 1, 2014 and each month thereafter until the Judgment and all interest paid ... "(emphasis added)
The above provisions may be found on pages two (2) through three (3) in the PROTECTIVE ORDER. A true and correct copy of the PROTECTIVE ORDER is attached as Exhibit A and incorporated by reference the same as if fully copied and set forth at length. See attached exhibit "A. "
Al. BRYAN ROWES has disobeyed and continues to disobey such order in that he has intentionally, willfully and maliciously violated the PROTECTIVE ORDER. More particularly, BRYAN ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows:
Violation 1. On May 28 2014, at 8:30A.M., BRYAN ROWES violated the PROTECTIVE ORDER by going within 500 feet of a location where MARY TILLOTSON was known to be by Respondent, BRYAN ROWES, *167 specifically an elevator bank at the court house. There, BRYAN ROWES made eye contact with MARY TILLOTSON, glared at her menacingly and stood next to her. As MARY TILLOTSON retreated, she told him he was in violation of the PROTECTIVE ORDER. BRYAN ROWES smirked and got on the elevator nevertheless, where she was still standing. Following, security saw MARY TILLOTSON visibly shaken and crying and escorted her downstairs to meet her then attorney. Following, BRYAN ROWES deliberately walked past MARY TILLOTSON twice while she was in front of the courtroom glaring at her as he previously had.
MARY TILLOTSON'S
MOTION FOR ENFORCEMENT OF PROTECTIVE ORDER Pg.3
Violation 2. On May 1, 2014, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
Violation 3. On June 1, 2014, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
Violation 4. On July 1, 2014, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00
Violation 5. On August 1, 2014 BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
Violation 6. On September 1, 2014 BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
Violation 7. On October 1, 2014, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
Violation 8. On November 1, 2014, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
Violation 9. On December 1, 2014, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
*168 Violation 10. On January 1, 2015, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
Violation 11. On February 1, 201, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
Violation 12. On March 1, 2015, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
MARY TILLOTSON'S
MOTION FOR ENFORCEMENT OF PROTECTIVE ORDER Pg.4
Violation 13. On April 1, 2015, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
Violation 14. On May 1, 2015, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
Violation 15. On June 1, 2015, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
Violation 16. On July 1, 2015, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
Violation 17. On August 1, 2015, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
Violation 18. On September 1, 2015, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
Violation 19. On October 1, 2015, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
Violation 20. On March 5, 2015, BRYAN ROWES violated the PROTECTIVE ORDER, by going to MARY TILLOTSON's place of employment located at Children's Medical Hospital.
*169 Violation 21. On March 28, 2015, BRYAN ROWES violated the PROTECTIVE ORDER, by communicating with MARY TILLOTSON directly when he sent her threatening or harassing correspondence by email stating he went to her place of employment on two separate occasions after the PROTECTIVE ORDER was granted.
Violation 22. On or about September 25, 2015, BRYAN ROWES violated the PROTECTIVE ORDER, by communicating with MARY TILLOTSON directly when he sent her threatening or harassing correspondence to MARY TILLOTSON's residence after the PROTECTIVE ORDER was granted.
MARY TILLOTSON'S
MOTION FOR ENFORCEMENT OF PROTECTIVE ORDER Pg.5
Movant MARY TILLOTSON was the Applicant/Petitioner and BRYAN ROWES was the Respondent in the above-referenced proceeding. VIII. REQUESTS (a) Movant requests that Respondent be held in contempt, jailed, and tined for each of the remaining violations detailed above. (b) Movant believes, based on the conduct of Respondent, that Respondent will continue to fail to comply with the orders set forth above. Movant requests that Respondent be held in contempt, jailed, and fined for each failure to comply with the orders of the Court from the date of this filing to the date of the hearing on this motion.
(c) Movant, MARY TILLOTSON, requests that, if the Court finds that any part of the order sought to be enforced is not specific enough to be enforced by contempt, the Court enter a clarifying order more clearly specifying the duties imposed on Respondent and giving Respondent a reasonable time within which to comply.
(d) Movant, MARY TILLOTSON, requests that the Court find that since the last hearing BRYAN RO WES has engaged in an "incident" negating the parties' agreement, and subsequent order of the Court, that BRYAN ROWES's possession of the children be restored pursuant to the prior order dated March 6, 2012.
(e) Movant, MARY TILLOTSON, requests that BRYAN ROWES provide proof of counseling compliance as a condition precedent for all periods of possession to be exercised. IX. ATTORNEY'S FEES AND EXPENSES It was necessary for Movant to secure the services ofNACE & MOTLEY, L.L.P., lawyers *170 duly licensed and practicing in the State of Texas, to preserve, protect and defend Movant's rights and the children. Respondent BRYAN ROWES should be ordered to pay reasonable attorneys' fees, expenses, and costs, and a judgment should be rendered in favor of the attorney and against Respondent; or, in the alternative, reasonable attorneys' fees, expenses, and costs should be taxed as costs and should be ordered paid directly to the undersigned attorney, who may enforce the order in the attorney's own name.
Movant requests postjudgment interest as allowed by law.
MARY TILLOTSON'S
MOTION FOR ENFORCEMENT OF PROTECTIVE ORDER Pg.6
PRAYER
Movant prays that the Court grant its Motion for Enforcement and, specifically, that Respondent be held in contempt and punished as requested, that a judgment be granted for attorney's fees, and costs or order a bond or security, that the Court clarify any part of its prior order found not specific enough to be enforced by contempt, for attorney's fees, expenses, costs, and interest, and for all further relief authorized by law.
Respectfully submitted, NACE & MOTLEY, L.L.P. 100 Crescent Court 7th Floor Dallas, Texas 75201 Tel: (214) 4598289 Fax: (214) 2424333 By:/s/ Bradford N ace
State Bar No. 24007726 bnace@nacemotley .com Attorney for Movant MARY TILLOTSON
CERTIFICATE OF SERVICE In addition to serving BRYAN ROWES with service of process, the undersigned certifies that the foregoing document will be served on his counsel of record, PAULA BENNETT, in accordance with the Texas Rules of Civil Procedure.
Is/ Bradford Nace
MARY TILLOTSON'S
*171 MOTION FOR ENFORCEMENT OF PROTECTIVE ORDER Pg. 7 To: 2146536103 Froa: Connie lndet$On 4-17-14 8:49am p. 8 of 19
NO. 09-18237
IN THE INTEREST OF § IN THE DISTRICT COURT § § 256TH JUDICIAL DISTRICf
AND § § § §• DALLAS COUNTY, TEXAS
MINOR CHILDREN
PR01'ECTIVE ORDER
on Aat\. \\ , 2014, the Court beard the Application of MARY 11UOTSON for a Protective Order. APPeqrunces
Applicant, MARY TILLOTSON, appeared in person and through attorney of record, FREDERICK S. ADAMS, JR., and announced ready. Respondent, BRYAN ROWES, appeared in person and announced ready. ,.
Jurisdiction
The Court, after examining the record tmd hearing the evidence and argument of counsel, finds that all necessary prerequisites of the law have been satisfied and that this Cow1 has jurisdiction over the parties and subject matter of this case. *172 Findiau
The Court finds that BRYAN ROWES has engaged in conduct violative of Texas Penal Code Section 42.072. The Court finds that the following protective orders are for the safety and welfare and in the best intere..c;t of Applicant and are necessary for the protection of Applicant. "Protected Person"
In this·order, [11] Protected Person• means Applicant Protect/~ Order Ptrft 1 4-11-14 8•49am p. 9 of 19 To• 2146536103 FrA: Connie Anderson IT IS ORDERED that Respondent, BRYAN ROWES, is: Prohibited from committing family violence, as defined by section 71.004 of the Texas Family Code. Prohibited from communicating directly with MARY 11UOTSON in a threatening or harassing manner. Prohibited from communicating a threat through any person to MARY TILLOTSON On n finding of good cause, prohibited from communicating in any manner with MARY
TillOTSON except through Rel.'}>Ondent's attorney or a person appointed by the Court, except Our Family Wizard relnted to the children.
Prohibited from going to or near, or within 500 feet of, any location where MARY TILLOTSON is known by Respondent, BRYAN ROWES to be and from remaining within SOO feet after Respondent, BRYAN ROWES becomes aware of MARY TILLOTSON presence.
Prohibited from going to or near MARY TILLOTSON's employment addresses or where MARY TILLOTSON normally resides at *173 Prohibited from possessing a frrearm or ammunition unless Respondent, BRYAN ROWES is n pence officer, as defined by section 1.07 of the Texas Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision.
Respondent's license to carry a concealed hMdgun issued under subchapter H, chapter 41 I, of the Texas Government Code is suspended. AtJomev's Fees
The Court finds that BRYAN ROWES should be assessed Five Thousand Dollars and No Cents ($5,000.00) as attorney's fees for the services of FREDERICKS. ADAMS, JR. IT IS PrtJtectlve Order Pa:e2
To: 2146536103 From: Connie Anderson 4-17-14 8:49am p. 10 of 19 ORDERED tbat FREDERICK S. ADAMS, JR. is awarded judgment of Five Thousand Dollars and No Cents ($5,000.00) for legal services rendered with post judgment interest thereon. The judgment, for which let execution issue, is awarded ~gainst BRYAN'ROWES, which is to be paid $250.00 per month beginning May 1, 2014 and each month thereafter until the Judgment and all interest is paid in accordance with Exhibit "A', hereof which is incorporated herein at 2001 Bryan Street, Swte 1800, Dallas, Texas 75201. Fees; Cltarges. a11d Expe11ses
IT IS ORDERED that BRYAN ROWES shall pay the $16 protective order fee, the standard fee for cost of service of this order, the costs of court, and all other fees, charges, or expenses incun·ed in connection with this order. IT IS THEREFORE ORDERED that Respondent, BRYAN ROWES shall pay Sixteen Dollars and No Cems ($16.00) to the clerk of this Court on or before May 1, 2014 at Dallas County Courthous7, 600 Commerce Street, Dallas, Texas 75202, by cash~ cashier's check, or money order. Relie(Not Granted
*174 IT IS ORDERED that all relief requested in the Application for Protective Order but not expressly granted is denied. Order Forwarded
A copy of this order, along with the information provided by Applicant's attorney that is required under section 411.042.(b)(6) of the Texas Govemment Code, shall be forwarded by the clerk of this Court to the chief of police of the municipality of Dallas, Texas. Effective Period
This order shall continue in full force and e_ffect until April 1 0, 201 6. Protecdve Order Page3 ' To: 2146536103 From1 Connie Anderson 4-17-14 8:49am p. 11 of 19 . i Warnings: . A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS, OR BOTH.
NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORD~R,
MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF
TIDS ORDER. DURING THE TTh1E IN WI·TICH THIS ORDER IS VALID, EVERY
PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT
CHANGES THE ORDER.
IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED lN EMPLOYMENT AS A SWORN, FULL-11ME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUDDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
FIREARM OR AMMUNITION.
A VIOLATION OF THIS ORDER BY COlvfMISSION OF AN ACT PROHIBITED BY *175 THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
SEPARATE FELONY OFFENSR, IT IS PUNISHABLE BY cqNFlNEMENT fN PRISON
FOR AT LEAST TWO YEARS.
IT IS UNLAWFUL FOR ANY PERSON WHO IS SUBJECT TO A PROTECTTVE
ORDER TO POSSESS A FIREARM OR AMMUNITION. POSSESSION OF A FIREARM
Protect/11e Order Paget/
.. To: 2146536103 From: Connie Anderson 4-11-14 8:49am p. 12 of 19 OR AMMUNITION, AS DEFINED IN 18 U.S.C. § 921, WHILE THIS PROTECTIVE ORDER lS IN EFFECT MAY BE A FELONY UNDER FEDERAL LAW PNISHABLE BY UP TO TRN YEARS IN PRISON, A $250,000 Fil\TE, OR BOTH.
PURSUANT TO 18 U.S.C. § 925(a)(I). THE RESTRICTIONS ON POSSESSION OF FIREARMS OR AMMUNITION FOUND AT 18 U.S.C. § 922(g)(8), AND IMPOSED BY THIS PROTECTIVE ORDER, DO NOT APPLY TO FIREARMS OR AMMUNITION ISSUED BY THE UNITED STATES OR ANY DEPARTMENT OR AGENCY THEREOF OR ANY STATE OR ANY DEPARTMENT, AGENCY, OR POLITICAL SUBDIVISION
THEREOF,
WHICH RESPONDENT POSSESSES IN CONNECTION \VITII THE DISCHARGE OF OFFICIAL GOVERNMENT DUTIES, THE POSSESSION OF PRIVATELY OWNED FIREARMS AND AMMUNITION, HOWRVER, REMAINS
UNLA 'WFUL AND VIOLATES THE
THERMS OF THIS PROTECTIVE ORDER.
IT IS UNLAWFUL FOR ANY PERSON WHO IS SUB.JECT TO A PROTECTIVE
ORDER TO KNOWJNGL Y
PURCHASE, RENT, LEASE, OR RECEIVE AS A LOAN OR GIFT FROM ANOTHER, A HANDGUN FOR THE DURATION OF TillS ORDER.
*176 INTERSTATE VIOLATION OF THIS PROTECTIVE ORDER MAY SUBJECT
RESPONDENT
TO FEDERAL CRIMINAL PENAL TIES. THIS PROTECTIVE ORDER IS ENFORCEABLE IN ALL fiFTY STATES, THE DISTRICT OF COLUMBIA, TRIBAL
LANDS, AND U.S. TERRITORIES.
SIGNED on APR 1 7 2014 Associate Judge 254th District Court
JUDGE PRESIDING
PageS Protective Order To; Z146S36103 Fro:a1 Conole Anderson 4-11-14 8:49ac p. 13 of 19 Information about Respondent to Aid Law Enforcement Officers: Name: BRYAN WILLIAM ROWES Home address: Home telephone nwnber: C.~ I l Work address: None Work telephone number: None Date ofbh'th: Color of eyes: 8 R. M.J N Color of hair: /5 1 ft.c.. ~
5 I (J If o Height: Weight: /5'0 Sex: MaJt~. Race: Caucasian ~r.b o v~ /c. r+ c>..r-r= Personat Descriptors: _5 c. It /!!, Social Security number: *177 T>river's license or identification number and issuing state:
4.39·031l4·6010, v. I Proltci/JJe Ordtr P11gt 6 No. DF-09-18237 IN THE 256 [1] IN THE INTEREST OF § h .. AND_ § § JUDICIAL DISTRICT COURT §
CHILDREN § DALLASCOUNTY.TEXAS
ORDER TO APPEAR
Respondent. BRYAN ROWES. is ORDERED to appear and respond to this Motion for Enforcement of Protective rder. dated October 2015 in the 256QJudicial District Court in '.00 ()_. m. The Dallas County. Texas on '{'("\ at purpose of this hearing is to determine whether the relief requested in this motion should be granted.
It is further ordered that any authorized person eighteen years of age or older who is not a party to or interested in the outcome of this suit may serve any citation. notice. or process in this case.
OCT 2 3 2015 SIGNED on ______________________ __ *178 ORDER TO APPEAR ON MOTION FOR ENFORCEMENT OF PROTECTIVE ORDER Pg. I
NO. DF-09-18237
IN THE INTEREST OF § IN THE DISTRICT COURT § § 256n [1] JUDICIAL DISTRICT
- and § CHILDREN § DALLAS COUNTY, TEXAS Special Ex~eptions, Motion to Strike, Motion to Dismiss for La~k of Standing, and Original Answer to Mary Tillotson's Motion for Enforcement of Protective Order Subject to Special
Exceptions, Motion to Strike and Motion to Dismiss for Lack of Standing Bryan Rowes, Respondent, files this his Special Exceptions, Motion to Strike, Motion to Dismiss for Lack of Standing, and Original Answer to Mary Tillotson Motion for Enforcement of Protective Order Subject to Special Exceptions, Motion to Strike, and Motion to Dismiss for Lack of Standing.
Spe~ial Exceptions and Motion to Strike On October 23, 2015, Mary Tillotson filed her Mary Tillotson's Motion for Enforcement of Protective Order. A true and correct copy of the Motion is attached hereto as "Exhibit A" and incorporated as if fully set forth herein. Bryan Rowes specially excepts to Mary Tillotson's *179 Motion and moves to strike such allegations as set forth immediately herein below. Bryan Rowes requests the Court to rule on such exceptions and motion to strike prior to hearing Mary Tillotson's request for enforcement. Special exceptions are the proper procedure to point out a deficiency in a motion for contempt. Campos v. Russell, 2001 WL 660687 (Tex. App.-Austin 2001, no pet.) (not designated for publication).
Special Ex~eptions and Objections to Each Spes;ific Allged violation Bryan Rowes specially excepts to Mary Tillotson's Motion for Enforcement of Protective Respondent's Special Exceptions, Motion to Strike, Motion to Dismiss for Lack of Standing, and Original Answer and Affirmative Defenses Subject to Spec:ial Exceptions, Motion to Strike and Motion to Dismiss for Laek of Standing
Page I N:\USERS\_Ciients\Rowcs, Bl')'lln Enforcement\SpeciaJ Exceptions, Motion to Strike, Originlll Answer and Affirmative Defenses.wpd Order and moves to strike as follows:
1. Beginning on Page 2, Provision titled AI of Mary Tillotson's Motion states as follows: Bryan Rowes has disobeyed and continues to disobey such order in that he has intentionally, willfully and maliciously violated the PROTECTIVE ORDER. More particularly BRYAN ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows: Violation 1. On May 28, 2014, at 8:30 A.M., BRYAN ROWES violated the PROTECTIVE ORDER by going within 500 feet of a location where MARY TILLOTSON was known to be by Respondent, BRYAN ROWES specifically an elevator bank at the court house. There, BRYAN ROWES made eye contact with MARY TILLOTSON, glaring at her menacingly and stood next to her. As MARY TILLOTSON retreated, she told him he was in violation of the PROTECTIVE ORDER. BRYAN ROWES smirked and got on the elevator nevertheless, where she was still standing. Following, security saw MARY TILLOTSON visibly shaken and crying and escorted her downstairs to meet her then attorney. Following, BRYAN ROWES deliberately walked past MARY TILLOTSON twice while she was in front of the courtroom glaring at her as he previously had. 1. Bryan Rowes specially excepts and objects because this provision of the
Motion fails to state with specificity the language of the order that Bryan Rowes has allegedly violated. Tex. Fam. Code§ 157.002(a); In re Mann, 162 S.W.3d 429 (Tex. App.-Fort Worth 2005, orig. proceeding). Mary *180 Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
2. Bryan Rowes specially excepts and objects because these statements are conclusory (factually and legally) and are not supported by adequate evidence. A witness' conclusory statements made in an affidavit, without evidentiary support, do not create any fact issue. See Purcell v. Bellinger, 940 S.W.2d 599, 601-02 (Tex.1997); Anderson v. Snider, 808 S.W.2d 54, 55 (Tex.l991). Testimony that is conclusory or speculative is irrelevant evidence, because it does not tend to make the existence of a material fact more probable or less probable. Coastal Transp. Co. v. Crown Central Petrol. Corp., 136 S.W.3d 227,232 (Tex 2004).
Respondent's Special Exceptions, Motion to Strike, Motion to Dismiss for Lack of Standing, and Original Answer and Affirmative Defenses Subject to Special Exceptions , Motion to Strike and Motion to Dismiss for Lack of Standing
Pagel N:\USERS\_Ciicnts\Rowes, Bryan Enfon:cmcnt\Special Exceptions, Motion to Strike, Original Answer and Affirmative Dcfcnscs.wpd 2. Beginning on Page 2, Provision titled A 1 of Mary Tillotson's Motion states as follows: Bryan Rowes has disobeyed and continues to disobey such order in that he has intentionally, willfully and maliciously violated the PROTECTIVE ORDER. More particularly BRYAN ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows: Violation 2. On May 1, 2014, Bryan Rowes violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00. I. Bryan Rowes specially excepts and objects because this provision of the
Motion fails to state with specificity the language of the order that Bryan Rowes has allegedly violated. Tex. Fam. Code§ 157.002(a); In re Mann, 162 S.W.3d 429 (Tex. App.-Fort Worth 2005, orig. proceeding). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
2. Bryan Rowes specially excepts and objects because this provision of the Motion contains contempt allegations. Contempt is not a proper remedy and such relief is outside the scope of the trial court's authority to grant. A failure to pay a judgement, except for a judgement for child support or attorney fees incurred for the enforcement of child support, is not a contemptible offense. That would be considered debtors prison and a violation of Article I, Section 18 of the Texas Constitution. Ex Parte *181 Yates, 387 S.W.2d 377 (Tex. 1965). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
3. Bryan Rowes specially excepts and objects because the provisions in the PROTECTIVE ORDER relating to payment are not specific enough to be subject to enforcement. The Order to be enforced must be clear, specific, nd unambiguous as to the duties and respnsibilities of the alleged violator. See Ex parte Slavin, 412 S.W.2d 43 (Tex. 1967). The order sought to be enforced by Mary Tillotson violates Slavin because the PROTECTIVE ORDER is too vague, general, and broad to clearly place Bryan Rowes on notice as to what exact conduct is required under the PROTECTIVE ORDER. Mary Tillotson should be required to replead this allegation, or the Court should strike this claim in its entirety.
Respondent's Special Exceptions, Motion to Strike, Motion to Dismiss for Lack of Standing, and Original Answer and Affirmative Defenses Subject to Special Exceptions , Motion to Strike and Motion to Dismiss for Lack of Standing
Page3 N:\USERS\_Ciicnts\Rowes, Bryan Enforcement\SpcciBI Exceptions, Motion to Sltikc, Original Answer and Affirmative Defcnscs.wpd 3. Beginning on Page 2, Provision titled Al of Mary Tillotson's Motion states as follows: Bryan Rowes has disobeyed and continues to disobey such order in that he has intentionally, willfully and maliciously violated the PROTECTIVE ORDER. More particularly BRYAN ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows: Violation 3. On June 1, 2014, Bryan Rowes violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00. 1. Bryan Rowes specially excepts and objects because this provision of the
Motion fails to state with specificity the language of the order that Bryan Rowes has allegedly violated. Tex. Fam. Code § 157.002(a); In re Mann, 162 S.W.3d 429 (Tex. App.-Fort Worth 2005, orig. proceeding). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
2. Bryan Rowes specially excepts and objects because this provision of the Motion contains contempt allegations. Contempt is not a proper remedy and such relief is outside the scope of the trial court's authority to grant. A failure to pay a judgement, except for a judgement for child support or attorney fees incurred for the enforcement of child support, is not a contemptible offense. That would be considered debtors prison and a violation of Article I, Section 18 of the Texas Constitution. Ex Parte Yates, 387 S.W.2d 377 (Tex. 1965). Mary Tillotson should be required to *182 replead her allegations properly, or the Court should strike her claims in their entirety.
3. Bryan Rowes specially excepts and objects because the provisions in the PROTECTIVE ORDER relating to payment are not specific enough to be subject to enforcement. The Order to be enforced must be clear, specific, nd unambiguous as to the duties and respnsibilities of the alleged violator. See Ex parte Slavin, 412 S.W.2d 43 (Tex. 1967). The order sought to be enforced by Mary Tillotson violates Slavin because the PROTECTIVE ORDER is too vague, general, and broad to clearly place Bryan Rowes on notice as to what exact conduct is required under the PROTECTIVE ORDER. Mary Tillotson should be required to replead this allegation, or the Court should strike this claim in its entirety.
Respondent's Special Exceptions, Motion to Strike, Motion to Dismiss for Lack of Standing, and Original Answer and Affirmative Defenses Subject to Special Exceptions, Motion to Strike and Motion to Dismiss for Lack of Standing
Page4 N:\USERS\_Ciients~owcs, Bryan Enforccment\Special Exceptions, Molion to Slrikc, Original Answer and Affirmative Defcnscs.wpd 4. Beginning on Page 2, Provision titled At of Mary Tillotson's Motion states as follows: Bryan Rowes has disobeyed and continues to disobey such order in that he has intentionally, willfully and maliciously violated the PROTECTIVE ORDER. More particularly BRYAN ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows:
Violation 4. On July 1, 2014, Bryan Rowes violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
1. Bryan Rowes specially excepts and objects because this provision of the Motion fails to state with specificity the language of the order that Bryan Rowes has allegedly violated. Tex. Fam. Code§ 157.002(a); In re Mann, 162 S.W.3d 429 (Tex. App.-Fort Worth 2005, orig. proceeding). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
2. Bryan Rowes specially excepts and objects because this provision of the Motion contains contempt allegations. Contempt is not a proper remedy and such relief is outside the scope of the trial court's authority to grant. A failure to pay a judgement, except for a judgement for child support or attorney fees incurred for the enforcement of child support, is not a contemptible offense. That would be considered debtors prison and a violation of Article I, Section 18 of the Texas Constitution. Ex Parte Yates, 387 S.W.2d 377 (Tex. 1965). Mary Tillotson should be required to *183 replead her allegations properly, or the Court should strike her claims in their entirety ..
3. Bryan Rowes specially excepts and objects because the provisions in the PROTECTIVE ORDER relating to payment are not specific enough to be subject to enforcement. The Order to be enforced must be clear, specific, and unambiguous as to the duties and responsibilities of the alleged violator. See Ex parte Slavin, 412 S.W.2d 43 (Tex. 1967). The order sought to be enforced by Mary Tillotson violates Slavin because the PROTECTIVE ORDER is too vague, general, and broad to clearly place Bryan Rowes on notice as to what exact conduct is required under the PROTECTIVE ORDER. Mary Tillotson should be required to replead this allegation, or the Court should strike this claim in its entirety.
· Respondent's Special Exceptions, Motion to Strike, Motion to Dismiss for Lack of Standing, and Original Answer and Affirmative Defenses Subject to Special Exceptions , Motion to Strike and Motion to Dismiss for Lack of Standing PageS N:\USERS\_Ciients\Rowes, Bryan Enfon:ement\Spccial Exceptions, Motion to Slrike, Original Answer and Affirmative Dcfenscs.wpd 5. Beginning on Page 2, Provision titled A1 of Mary Tillotson's Motion states as follows; Bcyan Rowes has disobeyed and continues to disobey such order in that he has intentionally, willfully and maliciously violated the PROTECTIVE ORDER. More particularly BRYAN ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows;
Violation 5. On August 1, 2014, Bcyan Rowes violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
1. Bcyan Rowes specially excepts and objects because this provision of the Motion fails to state with specificity the language of the order that Bryan Rowes has allegedly violated. Tex. Pam. Code§ 157.002(a); In re Mann, 162 S.W.3d 429 (Tex. App.-Fort Worth 2005, orig. proceeding). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
2. Bcyan Rowes specially excepts and objects because this provision of the Motion contains contempt allegations. Contempt is not a proper remedy and such relief is outside the scope of the trial court's authority to grant. A failure to pay a judgement, except for a judgement for child support or attorney fees incurred for the enforcement of child support, is not a contemptible offense. That would be considered debtors prison and a violation of Article I, Section 18 of the Texas Constitution. Ex Parte Yates, 387 S.W.2d 377 (Tex. 1965). Mary Tillotson should be required to *184 replead her allegations properly, or the Court should strike her claims in their entirety.
3. Bcyan Rowes specially excepts and objects because the provisions in the PROTECTIVE ORDER relating to payment are not specific enough to be subject to enforcement. The Order to be enforced must be clear, specific, and unambiguous as to the duties and responsibilities of the alleged violator. See Ex parte Slavin, 412 S.W.2d 43 (Tex. 1967). The order sought to be enforced by Mary Tillotson violates Slavin because the PROTECTIVE ORDER is too vague, general, and broad to clearly place Bcyan Rowes on notice as to what exact conduct is required under the PROTECTIVE ORDER. Mary Tillotson should be required to replead this allegation, or the Court should strike this claim in its entirety.
Respondent's Special Exceptions, Motion to Strike, Motion to Dismiss for Lack of Standing, and Original Answer and Affirmative Defenses Subject to Special Exceptions, Motion to Strike and Motion to Dismiss for Lack of Standing
Page6 N:\USERS\_Ciien&s\Rowes, Bryan Enforcemcnt\Special Exceptions, Motion to Strike, Original Answer and Affinnative Defenses.wpd 6. Beginning on Page 2, Provision titled AI of Mary Tillotson's Motion states as follows: Bryan Rowes has disobeyed and continues to disobey such order in that he has intentionally, willfully and maliciously violated the PROTECTIVE ORDER. More particularly BRYAN ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows:
Violation 6. On September 1, 2014, Bryan Rowes violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
1. Bryan Rowes specially excepts and objects because this provision of the Motion fails to state with specificity the language of the order that Bryan Rowes has allegedly violated. Tex. Fam. Code § 157.002(a); In re Mann, 162 S.W.3d 429 (Tex. App.-Fort Worth 2005, orig. proceeding). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
2. Bryan Rowes specially excepts and objects because this provision of the Motion contains contempt allegations. Contempt is not a proper remedy and such relief is outside the scope of the trial court's authority to grant. A failure to pay a judgement, except for a judgement for child support or attorney fees incurred for the enforcement of child support, is not a contemptible offense. That would be considered debtors prison and a violation of Article I, Section 18 of the Texas Constitution. Ex Parte Yates, 387 S.W.2d 377 (Tex. 1965). Mary Tillotson should be required to *185 replead her allegations properly, or the Court should strike her claims in their entirety.
3. Bryan Rowes specially excepts and objects because the provisions in the PROTECTIVE ORDER relating to payment are not specific enough to be subject to enforcement. The Order to be enforced must be clear, specific, and unambiguous as to the duties and responsibilities of the alleged violator. See Ex parte Slavin, 412 S. W .2d 43 (Tex. 1967). The order sought to be enforced by Mary Tillotson violates Slavin because the PROTECTIVE ORDER is too vague, general, and broad to clearly place Bryan Rowes on notice as to what exact conduct is required under the PROTECTIVE ORDER. Mary Tillotson should be required to replead this allegation, or the Court should strike this claim in its entirety.
Respondent's Special Exceptions, Motion to Strike, Motion to Dismiss for Lack of Standing, and Original Answer and Affirmative Defenses Subject to Special Exceptions , Motion to Strike and Motion to Dismiss for Lack of Standing
Page7 N:\USERS\_Ciients\Rowes, Bryan Enforcemcnt\Special Exceptions, Motion to Strike, Origimd Answer and Affirmative Defenses.wpd 7. Beginning on Page 2, Provision titled AI of Mary Tillotson's Motion states as follows: Bryan Rowes has disobeyed and continues to disobey such order in that he has intentionally, willfully and maliciously violated the PROTECTIVE ORDER. More particularly BRYAN ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows: Violation 7. On October 1, 2014, Bryan Rowes violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00. 1. Bryan Rowes specially excepts and objects because this provision of the
Motion fails to state with specificity the language of the order that Bryan Rowes has allegedly violated. Tex. Fam. Code § 157.002(a); In re Mann, 162 S.W.3d 429 (Tex. App.-Fort Worth 2005, orig. proceeding). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
2. Bryan Rowes specially excepts and objects because this provision of the Motion contains contempt allegations. Contempt is not a proper remedy and such relief is outside the scope of the trial court's authority to grant. A failure to pay a judgement, except for a judgement for child support or attorney fees incurred for the enforcement of child support, is not a contemptible offense. That would be considered debtors prison and a violation of Article I, Section 18 of the Texas Constitution. Ex Parte Yates, 387 S.W.2d 377 (Tex. 1965). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in *186 their entirety.
3. Bryan Rowes specially excepts and objects because the provisions in the PROTECTIVE ORDER relating to payment are not specific enough to be subject to enforcement. The Order to be enforced must be clear, specific, and unambiguous as to the duties and responsibilities of the alleged violator. See Ex parte Slavin, 412 S.W.2d 43 (Tex. 1967). The order sought to be enforced by Mary Tillotson violates Slavin because the PROTECTIVE ORDER is too vague, general, and broad to clearly place Bryan Rowes on notice as to what exact conduct is required under the PROTECTIVE ORDER. Mary Tillotson should be required to replead this allegation, or the Court should strike this claim in its entirety.
Respondent's Special Exceptions, Motion to Strike, Motion to Dismiss for Lack of Standing, and Original Answer and Affirmative Defenses Subject to Special Exceptions , Motion to Strike and Motion to Dismiss for Lack of Standing
PageS N:\USERS\_Clients\Rowes, Bryan Enforcement\Special Exceptions, Motion to Strike, Original Answer and Affirmative Defenses.wpd 8. Beginning on Page 2, Provision titled A1 of Mary Tillotson's Motion states as follows: Bryan Rowes has disobeyed and continues to disobey such order in that he has intentionally, willfully and maliciously violated the PROTECTIVE ORDER. More particularly BRYAN ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows:
Violation 8. On November 1, 2014, Bryan Rowes violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
1. Bryan Rowes specially excepts and objects because this provision of the Motion fails to state with specificity the language of the order that Bryan Rowes has allegedly violated. Tex. Fam. Code§ 157.002(a); In re Mann, 162 S.W.3d 429 (Tex. App.-Fort Worth 2005, orig. proceeding). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
2. Bryan Rowes specially excepts and objects because this provision of the Motion contains contempt allegations. Contempt is not a proper remedy and such relief is outside the scope of the trial court's authority to grant. A failure to pay a judgement, except for a judgement for child support or attorney fees incurred for the enforcement of child support, is not a contemptible offense. That would be considered debtors prison and a violation of Article I, Section 18 of the Texas Constitution. Ex Parte Yates, 387 S.W.2d 377 (Tex. 1965). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
*187 3. Bryan Rowes specially excepts and objects because the provisions in the PROTECTIVE ORDER relating to payment are not specific enough to be subject to enforcement. The Order to be enforced must be clear, specific, and unambiguous as to the duties and responsibilities of the alleged violator. See Ex parte Slavin, 412 S.W.2d 43 (Tex. 1967). The order sought to be enforced by Mary Tillotson violates Slavin because the PROTECTIVE ORDER is too vague, general, and broad to clearly place Bryan Rowes on notice as to what exact conduct is required under the PROTECTIVE ORDER. Mary Tillotson should be required to replead this allegation, or the Court should strike this claim in its entirety.
Respondent's Special Exceptions, Motion to Strike, Motion to Dismiss for Lack of Standing, and Original Answer and Affirmative Defenses Subject to Special Exceptions, Motion to Strike and Motion to Dismiss for Lack of Standing
Page9 N:\USERS\_Ciicnts\Rowes, Brynn Enrorccment\Spcc:ial Exceptions, Motion to Strike, Original Answer and Affirmative Derenscs.wpd 9. Beginning on Page 2, Provision titled AI of Mary Tillotson's Motion states as follows: Bryan Rowes has disobeyed and continues to disobey such order in that he has intentionally, willfully and maliciously violated the PROTECTIVE ORDER. More particularly BRYAN ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows:
Violation 9. On December 1, 2014, Bryan Rowes violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
1. Bryan Rowes specially excepts and objects because this provision of the Motion fails to state with specificity the language of the order that Bryan Rowes has allegedly violated. Tex. Fam. Code§ 157.002(a); In re Mann, 162 S.W.3d 429 (Tex. App.-Fort Worth 2005, orig. proceeding). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
2. Bryan Rowes specially excepts and objects because this provision of the Motion contains contempt allegations. Contempt is not a proper remedy and such relief is outside the scope of the trial court's authority to grant. A failure to pay a judgement, except for a judgement for child support or attorney fees incurred for the enforcement of child support, is not a contemptible offense. That would be considered debtors prison and a violation of Article I, Section 18 of the Texas Constitution. Ex Parte Yates, 387 S.W.2d 377 (Tex. 1965). Mary Tillotson should be required to *188 replead her allegations properly, or the Court should strike her claims in their entirety.
3. Bryan Rowes specially excepts and objects because the provisions in the PROTECTIVE ORDER relating to payment are not specific enough to be subject to enforcement. The Order to be enforced must be clear, specific, and unambiguous as to the duties and responsibilities of the alleged violator. See Ex parte Slavin, 412 S.W.2d 43 (Tex. 1967). The order sought to be enforced by Mary Tillotson violates Slavin because the PROTECTIVE ORDER is too vague, general, and broad to clearly place Bryan Rowes on notice as to what exact conduct is required under the PROTECTIVE ORDER. Mary Tillotson should be required to replead this allegation, or the Court should strike this claim in its entirety.
Respondent's Special Exceptions, Motion to Strike, Motion to Dismiss for Lack of Standing, and Original Answer and Affirmative Defenses Subject to Special Exceptions , Motion to Strike and Motion to Dismiss for Lack of Standing
Page 10 N:\USERS\_CiicniS\Rowes, Bryan Enfon:cmcnt\Special Exceptions, Motion to Strike, Original Answer and Affirmative Defenses.wpd 10. Beginning on Page 2, Provision titled AI of Mary Tillotson's Motion states as follows: Bryan Rowes has disobeyed and continues to disobey such order in that he has intentionally, willfully and maliciously violated the PROTECTIVE ORDER. More particularly BRYAN ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows:
Violation 10. On January 1, 2015, Bryan Rowes violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
1. Bryan Rowes specially excepts and objects because this provision of the Motion fails to state with specificity the language of the order that Bryan Rowes has allegedly violated. Tex. Fam. Code § 157.002(a); In re Mann, 162 S.W.3d 429 (Tex. App.-Fort Worth 2005, orig. proceeding). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
2. Bryan Rowes specially excepts and objects because this provision of the Motion contains contempt allegations. Contempt is not a proper remedy and such relief is outside the scope of the trial court's authority to grant. A failure to pay a judgement, except for a judgement for child support or attorney fees incurred for the enforcement of child support, is not a contemptible offense. That would be considered debtors prison and a violation of Article I, Section 18 of the Texas Constitution. Ex Parte Yates, 387 S.W.2d 377 (Tex. 1965). Mary Tillotson should be required to *189 replead her allegations properly, or the Court should strike her claims in their entirety.
3. Bryan Rowes specially excepts and objects because the provisions in the PROTECTIVE ORDER relating to payment are not specific enough to be subject to enforcement. The Order to be enforced must be clear, specific, and unambiguous as to the duties and responsibilities of the alleged violator. See Ex parte Slavin, 412 S.W.2d 43 (Tex. 1967). The order sought to be enforced by Mary Tillotson violates Slavin because the PROTECTIVE ORDER is too vague, general, and broad to clearly place Bryan Rowes on notice as to what exact conduct is required under the PROTECTIVE ORDER. Mary Tillotson should be required to replead this allegation, or the Court should strike this claim in its entirety.
Respondent's Special Exceptions, Motion to Strike, Motion to Dismiss for L11ck of Standing, and Original Answer and Affirmative Defenses Subject to Special Exceptions , Motion to Strike and Motion to Dismiss for Lack of Standing
Page II N:\USERS\_Clicnts\Rowcs, Bryan Enfon:ement\Speeial Exceptions, Motion to Strike, Original Answer and Affirmative Defenses.wpd 11. Beginning on Page 2, Provision titled AI of Mary Tillotson's Motion states as follows: Bryan Rowes has disobeyed and continues to disobey such order in that he has intentionally, willfully and maliciously violated the PROTECTIVE ORDER. More particularly BRYAN ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows:
Violation 1 I. On February 1, 2015, Bryan Rowes violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
1. Bryan Rowes specially excepts and objects because this provision of the Motion fails to state with specificity the language of the order that Bryan Rowes has allegedly violated. Tex. Fam. Code§ 157.002(a); In re Mann, 162 S.W.3d 429 (Tex. App.-Fort Worth 2005, orig. proceeding). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
2. Bryan Rowes specially excepts and objects because this provision of the Motion contains contempt allegations. Contempt is not a proper remedy and such relief is outside the scope of the trial court's authority to grant. A failure to pay a judgement, except for a judgement for child support or attorney fees incurred for the enforcement of child support, is not a contemptible offense. That would be considered debtors prison and a violation of Article I, Section 18 of the Texas Constitution. Ex Parte Yates, 387 S.W.2d 377 (Tex. 1965). Mary Tillotson should be required to *190 replead her allegations properly, or the Court should strike her claims in their entirety.
3. Bryan Rowes specially excepts and objects because the provisions in the PROTECTIVE ORDER relating to payment are not specific enough to be subject to enforcement. The Order to be enforced must be clear, specific, and unambiguous as to the duties and responsibilities of the alleged violator. See Ex parte Slavin, 412 S.W.2d 43 (Tex. 1967). The order sought to be enforced by Mary Tillotson violates Slavin because the PROTECTIVE ORDER is too vague, general, and broad to clearly place Bryan Rowes on notice as to what exact conduct is required under the PROTECTIVE ORDER. Mary Tillotson should be required to replead this allegation, or the Court should strike this claim in its entirety.
Respondent's Special Exceptions, Motion to Strike, Motion to Dismiss for Lack of Standing, and Original Answer and Affirmative Defenses Subject to Special Exceptions, Motion to Strike and Motion to Dismiss for Lack of Standing
Page 12 N:\USERS\_Ciienls\Rowcs, Bryan Enrorcement\Spccial Exceptions, Motion to Strike, Original Answer and Affirmative Derenses.wpd 12. Beginning on Page 2, Provision titled AI of Mary Tillotson's Motion states as follows: Bryan Rowes has disobeyed and continues to disobey such order in that he has intentionally, willfully and maliciously violated the PROTECTIVE ORDER. More particularly BRYAN ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows:
Violation 12. On March 1, 2015, Bryan Rowes violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
1. Bryan Rowes specially excepts and objects because this provision of the Motion fails to state with specificity the language of the order that Bryan Rowes has allegedly violated. Tex. Fam. Code § 157.002(a); In re Mann, 162 S.W.3d 429 (Tex. App.-Fort Worth 2005, orig. proceeding). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
2. Bryan Rowes specially excepts and objects because this provision of the Motion contains contempt allegations. Contempt is not a proper remedy and such relief is outside the scope of the trial court's authority to grant. A failure to pay a judgement, except for a judgement for child support or attorney fees incurred for the enforcement of child support, is not a contemptible offense. That would be considered debtors prison and a violation of Article I, Section 18 of the Texas Constitution. Ex Parte Yates, 387 S.W.2d 377 (Tex. 1965). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in *191 their entirety.
3. Bryan Rowes specially excepts and objects because the provisions in the PROTECTIVE ORDER relating to payment are not specific enough to be subject to enforcement. The Order to be enforced must be clear, specific, and unambiguous as to the duties and responsibilities of the alleged violator. See Ex parte Slavin, 412 S.W.2d 43 (Tex. 1967). The order sought to be enforced by Mary Tillotson violates Slavin because the PROTECTIVE ORDER is too vague, general, and broad to clearly place Bryan Rowes on notice as to what exact conduct is required under the PROTECTIVE ORDER. Mary Tillotson should be required to replead this allegation, or the Court should strike this claim in its entirety.
Respondent's Special Exceptions, Motion to Strike, Motion to Dismiss for Lack of Standing, and Original Answer and Affirmative Defenses Subject to Special Exceptions , Motion to Strike and Motion to Dismiss for Lack of Standing
Page 13 N:\USERS\_Ciicnts\Rowcs, Brylln Enforccment\Special Exceptions, Motion to Strike, Original Answer and Affirmative Defenses.wpd 13. Beginning on Page 2, Provision titled AI of Mary Tillotson's Motion states as follows: Bryan Rowes has disobeyed and continues to disobey such order in that he has intentionally, willfully and maliciously violated the PROTECTIVE ORDER. More particularly BRYAN ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows:
Violation 13. On April!, 2015, Bryan Rowes violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
I. Bryan Rowes specially excepts and objects because this provision of the Motion fails to state with specificity the language of the order that Bryan Rowes has allegedly violated. Tex. Fam. Code § 157.002(a); In re Mann, 162 S.W.3d 429 (Tex. App.-Fort Worth 2005, orig. proceeding). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
2. Bryan Rowes specially excepts and objects because this provision of the Motion contains contempt allegations. Contempt is not a proper remedy and such relief is outside the scope of the trial court's authority to grant. A failure to pay a judgement, except for a judgement for child support or attorney fees incurred for the enforcement of child support, is not a contemptible offense. That would be considered debtors prison and a violation of Article I, Section 18 of the Texas Constitution. Ex Parte Yates, 387 S.W.2d 377 (Tex. 1965). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
*192 3. Bryan Rowes specially excepts and objects because the provisions in the PROTECTIVE ORDER relating to payment are not specific enough to be subject to enforcement. The Order to be enforced must be clear, specific, and unambiguous as to the duties and responsibilities of the alleged violator. See Ex parte Slavin, 412 S.W.2d 43 (Tex. 1967). The order sought to be enforced by Mary Tillotson violates Slavin because the PROTECTIVE ORDER is too vague, general, and broad to clearly place Bryan Rowes on notice as to what exact conduct is required under the PROTECTIVE ORDER. Mary Tillotson should be required to replead this allegation, or the Court should strike this claim in its entirety.
Respondent's Spec:lal Exceptions, Motion to Strike, Motion to Dismiss for Lack of Standing, and Original Answer and Affirmative Defenses Subject to Special Exceptions, Motion to Strike and Motion to Dismiss for Lack of Standing
Page 14 N:\USERS\_ ClieniS\Rowes, Bryan Enfon:ement\Spccial Exceptions, Motion to Strike, Original Answer and Affirmative Defenses. wpd 14. Beginning on Page 2, Provision titled AI of Mary Tillotson's Motion states as follows: Bryan Rowes has disobeyed and continues to disobey such order in that he has intentionally, willfully and maliciously violated the PROTECTIVE ORDER. More particularly BRYAN ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows:
Violation 14. On May 1, 2015, Bryan Rowes violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
1. Bryan Rowes specially excepts and objects because this provision of the Motion fails to state with specificity the language of the order that Bryan Rowes has allegedly violated. Tex. Fam. Code § 157.002(a); In re Mann, 162 S.W.3d 429 (Tex. App.-Fort Worth 2005, orig. proceeding). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
2. Bryan Rowes specially excepts and objects because this provision of the Motion contains contempt allegations. Contempt is not a proper remedy and such relief is outside the scope of the trial court's authority to grant. A failure to pay a judgement, except for a judgement for child support or attorney fees incurred for the enforcement of child support, is not a contemptible offense. That would be considered debtors prison and a violation of Article I, Section 18 of the Texas Constitution. Ex Parte Yates, 387 S.W.2d 377 (Tex. 1965). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
*193 3. Bryan Rowes specially excepts and objects because the provisions in the PROTECTIVE ORDER relating to payment are not specific enough to be subject to enforcement. The Order to be enforced must be clear, specific, and unambiguous as to the duties and responsibilities of the alleged violator. See Ex parte Slavin, 412 S.W.2d 43 (Tex. 1967). The order sought to be enforced by Mary Tillotson violates Slavin because the PROTECTIVE ORDER is too vague, general, and broad to clearly place Bryan Rowes on notice as to what exact conduct is required under the PROTECTIVE ORDER. Mary Tillotson should be required to replead this allegation, or the Court should strike this claim in its entirety.
Respondent's Special Exceptions, Motion to Strike, Motion to Dismiss for Lack of Standing, and Original Answer and Affirmative Defenses Subject to Special Exceptions , Motion to Strike and Motion to Dismiss for Lack of Standing
Page IS N:\USERS\_Ciicnts\Rowes. Bryan Enforccmcnt\Spccial Exceptions, Motion to Strike, Original Answer and Affirmative Dcfcnscs.wpd 15. Beginning on Page 2, Provision titled Al of Mary Tillotson's Motion states as follows: Bryan Rowes has disobeyed and continues to disobey such order in that he has intentionally, willfully and maliciously violated the PROTECTIVE ORDER. More particularly BRYAN ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows: Violation 15. On June 1, 2015, Bryan Rowes violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00. 1. Bryan Rowes specially excepts and objects because this provision of the
Motion fails to state with specificity the language of the order that Bryan Rowes has allegedly violated. Tex. Fam. Code§ 157.002(a); In re Mann, 162 S.WJd 429 (Tex. App.-Fort Worth 2005, orig. proceeding). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
2. Bryan Rowes specially excepts and objects because this provision of the Motion contains contempt allegations. Contempt is not a proper remedy and such relief is outside the scope of the trial court's authority to grant. A failure to pay a judgement, except for a judgement for child support or attorney fees incurred for the enforcement of child support, is not a contemptible offense. That would be considered debtors prison and a violation of Article I, Section 18 of the Texas Constitution. Ex Parte Yates, 387 S.W.2d 377 (Tex. 1965). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
*194 3. Bryan Rowes specially excepts and objects because the provisions in the PROTECTIVE ORDER relating to payment are not specific enough to be subject to enforcement. The Order to be enforced must be clear, specific, and unambiguous as to the duties and responsibilities of the alleged violator. See Ex parte Slavin, 412 S.W.2d 43 (Tex. 1967). The order sought to be enforced by Mary Tillotson violates Slavin because the PROTECTIVE ORDER is too vague, general, and broad to clearly place Bryan Rowes on notice as to what exact conduct is required under the PROTECTIVE ORDER. Mary Tillotson should be required to replead this allegation, or the Court should strike this claim in its entirety.
Respondent's Special Exceptions, Motion to Strike, Motion to Dismiss for Lack of Standing, and Original Answer and Affirmative Defenses Subject to Special Exceptions , Motion to Strike and Motion to Dismiss for Lack of Standing
Page 16 N:\USERS\_Ciients\Rowes, Bryan Enforcement\Special Exceptions, Motion to Strike, Original Answer and Affirmative Defenses.wpd 16. Beginning on Page 2, Provision titled AI of Mary Tillotson's Motion states as follows: Bryan Rowes has disobeyed and continues to disobey such order in that he has intentionally, willfully and maliciously violated the PROTECTIVE ORDER. More particularly BRYAN ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows:
Violation 16. On July 1, 2015, Bryan Rowes violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
1. Bryan Rowes specially excepts and objects because this provision of the Motion fails to state with specificity the language of the order that Bryan Rowes has allegedly violated. Tex. Fam. Code § 157.002(a); In re Mann, 162 S.W.3d 429 (Tex. App.-Fort Worth 2005, orig. proceeding). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
2. Bryan Rowes specially excepts and objects because this provision of the Motion contains contempt allegations. Contempt is not a proper remedy and such relief is outside the scope of the trial court's authority to grant. A failure to pay a judgement, except for a judgement for child support or attorney fees incurred for the enforcement of child support, is not a contemptible offense. That would be considered debtors prison and a violation of Article I, Section 18 of the Texas Constitution. Ex Parte Yates, 387 S.W.2d 377 (Tex. 1965). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
*195 3. Bryan Rowes specially excepts and objects because the provisions in the PROTECTIVE ORDER relating to payment are not specific enough to be subject to enforcement. The Order to be enforced must be clear, specific, and unambiguous as to the duties and responsibilities of the alleged violator. See Ex parte Slavin, 412 S.W.2d 43 (Tex. 1967). The order sought to be enforced by Mary Tillotson violates Slavin because the PROTECTIVE ORDER is too vague, general, and broad to clearly place Bryan Rowes on notice as to what exact conduct is required under the PROTECTIVE ORDER. Mary Tillotson should be required to replead this allegation, or the Court should strike this claim in its entirety.
Respondent's Special Exceptions, Motion to Strike, Motion to Dismiss for Lack of Standing, and Original Answer and Affirmative Defenses Subject to Special Exceptions , Motion to Strike and Motion to Dismiss for Lack of Standing
Page 17 N:\USERS\_Ciients\Rowes, Bryan Enrorcement\Special Exceptions, Motion to Strike, Original Answer and Affirmative Dercnses.wpd 17. Beginning on Page 2, Provision titled AI of Mary Tillotson's Motion states as follows: Bryan Rowes has disobeyed and continues to disobey such order in that he has intentionally, willfully and maliciously violated the PROTECTIVE ORDER. More particularly BRYAN ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows:
Violation 17. On August 1, 2015, Bryan Rowes violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
1. Bryan Rowes specially excepts and objects because this provision of the Motion fails to state with specificity the language of the order that Bryan Rowes has allegedly violated. Tex. Fam. Code § 157.002(a); In re Mann, 162 S. W.3d 429 (Tex. App.-Fort Worth 2005, orig. proceeding). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
2. Bryan Rowes specially excepts and objects because this provision of the Motion contains contempt allegations. Contempt is not a proper remedy and such relief is outside the scope of the trial court's authority to grant. A failure to pay a judgement, except for a judgement for child support or attorney fees incurred for the enforcement of child support, is not a contemptible offense. That would be considered debtors prison and a violation of Article I, Section 18 of the Texas Constitution. Ex Parte Yates, 387 S.W.2d 377 (Tex. 1965). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
*196 3. Bryan Rowes specially excepts and objects because the provisions in the PROTECTIVE ORDER relating to payment are not specific enough to be subject to enforcement. The Order to be enforced must be clear, specific, and unambiguous as to the duties and responsibilities of the alleged violator. See Ex parte Slavin, 412 S.W.2d 43 (Tex. 1967). The order sought to be enforced by Mary Tillotson violates Slavin because the PROTECTIVE ORDER is too vague, general, and broad to clearly place Bryan Rowes on notice as to what exact conduct is required under the PROTECTIVE ORDER. Mary Tillotson should be required to replead this allegation, or the Court should strike this claim in its entirety.
Respondent's Special Exceptions, Motion to Strike, Motion to Dismiss for Lack of Standing, and Original Answer and Affirmative Defenses Subject to Special Exceptions , Motion to Strike and Motion to Dismiss for Lack of Standing
Page 18 N:\USERS\_Ciients\Rowcs, Bryan Enforcement\Special Exceptions, Motion to Strike, Original Answer and Affirmative Defenses.wpd 18. Beginning on Page 2, Provision titled AI of Mary Tillotson's Motion states as follows: Bryan Rowes has disobeyed and continues to disobey such order in that he has intentionally, willfully and maliciously violated the PROTECTIVE ORDER. More particularly BRYAN ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows:
Violation 18. On September 1, 2015, Bryan Rowes violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
1. Bryan Rowes specially excepts and objects because this provision of the Motion fails to state with specificity the language of the order that Bryan Rowes has allegedly violated. Tex. Fam. Code § 157.002(a); In re Mann, 162 S.W.3d 429 (Tex. App.-Fort Worth 2005, orig. proceeding). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
2. Bryan Rowes specially excepts and objects because this provision of the Motion contains contempt allegations. Contempt is not a proper remedy and such relief is outside the scope of the trial court's authority to grant. A failure to pay a judgement, except for a judgement for child support or attorney fees incurred for the enforcement of child support, is not a contemptible offense. That would be considered debtors prison and a violation of Article I, Section 18 of the Texas Constitution. Ex Parte Yates, 387 S.W.2d 377 (Tex. 1965). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
*197 3. Bryan Rowes specially excepts and objects because the provisions in the PROTECTIVE ORDER relating to payment are not specific enough to be subject to enforcement. The Order to be enforced must be clear, specific, and unambiguous as to the duties and responsibilities of the alleged violator. See Ex parte Slavin, 412 S.W.2d 43 (Tex. 1967). The order sought to be enforced by Mary Tillotson violates Slavin because the PROTECTIVE ORDER is too vague, general, and broad to clearly place Bryan Rowes on notice as to what exact conduct is required under the PROTECTIVE ORDER. Mary Tillotson should be required to replead this allegation, or the Court should strike this claim in its entirety.
Respondent's Special Exceptions, Motion to Strike, Motion to Dismiss for Lack of Standing, and Original Answer and Affirmative Defenses Subject to Special Exceptions , Motion to Strike and Motion to Dismiss for Lack of Standing
Page 19 N:\USERS\_Ciients\Rowes, Bryan Enfon:emcnt\Special Exceptions, Motion to Strike, Original Answer and Affinnativc Dcfcnscs.wpd 19. Beginning on Page 2, Provision titled AI of Mary Tillotson's Motion states as follows: Bryan Rowes has disobeyed and continues to disobey such order in that he has intentionally, willfully and maliciously violated the PROTECTIVE ORDER. More particularly BRYAN ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows: Violation 19. On October I, 2015, Bryan Rowes violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00. I. Bryan Rowes specially excepts and objects because this provision of the
Motion fails to state with specificity the language of the order that Bryan Rowes has allegedly violated. Tex. Fam. Code § 157.002(a); In re Mann, 162 S.W.3d 429 (Tex. App.-Fort Worth 2005, orig. proceeding). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
2. Bryan Rowes specially excepts and objects because this provision of the Motion contains contempt allegations. Contempt is not a proper remedy and such relief is outside the scope of the trial court's authority to grant. A failure to pay a judgement, except for a judgement for child support or attorney fees incurred for the enforcement of child support, is not a contemptible offense. That would be considered debtors prison and a violation of Article I, Section 18 of the Texas Constitution. Ex Parte Yates, 387 S.W.2d 377 (Tex. 1965). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
*198 3. Bryan Rowes specially excepts and objects because the provisions in the PROTECTIVE ORDER relating to payment are not specific enough to be subject to enforcement. The Order to be enforced must be clear, specific, and unambiguous as to the duties and responsibilities of the alleged violator. See Ex parte Slavin, 412 S.W.2d 43 (Tex. 1967). The order sought to be enforced by Mary Tillotson violates Slavin because the PROTECTIVE ORDER is too vague, general, and broad to clearly place Bryan Rowes on notice as to what exact conduct is required under the PROTECTIVE ORDER. Mary Tillotson should be required to replead this allegation, or the Court should strike this claim in its entirety.
Respondent's Special Exceptions, Motion to Strike, Motion to Dismiss for Lack of Standing, and Original Answer and Affirmative Defenses Subject to Special Exceptions , Motion to Strike and Motion to Dismiss for Lack of Standing
PagelO N:\USERS\_Ciients\Rowcs, Bryan Enforc:ement\Special Exceptions, Motion to Strike, Original Answer and Affirmative Defenses.wpd 20. Beginning on Page 2, Provision titled AI of Mary Tillotson's Motion states as follows: Bryan Rowes has disobeyed and continues to disobey such order in that he has intentionally, willfully and maliciously violated the PROTECTIVE ORDER. More particularly BRYAN ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows: Violation 20. On March 5, 2015, BRYAN ROWES violated the PROTECTIVE
ORDER by going to MARY TILLOTSON'S place of employment located at Children's Medical Hospital.
1. Bryan Rowes specially excepts and objects because this provision of the Motion fails to state with specificity the language of the order that Bryan Rowes has allegedly violated. Tex. Fam. Code§ 157.002(a); In re Mann, 162 S.W.3d 429 (Tex. App.-Fort Worth 2005, orig. proceeding). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety ..
2. Bryan Rowes specially excepts and objects because the provisions in the PROTECTIVE ORDER relating to Mary Tillotson' place of employment are not specific enough to be subject to enforcement. The Order to be enforced must be clear, specific, and unambiguous as to the duties and responsibilities of the alleged violator. See Ex parte Slavin, 412 S.W.2d 43 (Tex. 1967). The order sought to be enforced by Mary Tillotson violates S/avi11 because the PROTECTIVE ORDER is too vague, general, and broad to clearly place Bryan Rowes on notice as to what exact conduct is required under the PROTECTIVE ORDER. Mary Tillotson should be required to replead this allegation, or the Court should strike this claim in its entirety.
*199 3. Bryan Rowes specially excepts and objects because these statements are conclusory (factually and legally) and are not supported by adequate evidence. A witness' conclusory statements made in an affidavit, without evidentiary support, do not create any fact issue. See Purcell v. Bellinger, 940 S.W.2d 599, 601-02 (Tex.l997); Anderson v. Snider, 808 S.W.2d 54, 55 (Tex.I 991). Testimony that is conclusory or speculative is irrelevant evidence, because it does not tend to make the existence of a material fact more probable or less probable. Coastal Transp. Co. v. Crown Central Petrol. Corp., 136 S.W.3d 227,232 (Tex 2004).
Respondent's Special Exceptions, Motion to Strike, Motion to Dismiss for Lack of Standing, and Original Answer and Affirmative Defenses Subject to Special Exceptions , Motion to Strike and Motion to Dismiss for Lack of Standing
Pagell N:\USERS\_Clients\Rowes, Bryan Enforcement\Spec:ial Exceptions, Motion to Strike, Original Answer and Affirmative Dcfenscs.wpd 21. Beginning on Page 2, Provision titled Al of Mary Tillotson's Motion states as follows: Bryan Rowes has disobeyed and continues to disobey such order in that he has intentionally, willfully and maliciously violated the PROTECTIVE ORDER. More particularly BRYAN ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows: Violation 21. On March 28, 2015, BRYAN ROWES violated the PROTECTIVE
ORDER by communicating with MARY TILLOTSON directly when he sent her threatening or harassing correspondence by email stating he went to her place of employment on two separate occasions after the PROTECTIVE ORDER was granted.
1. Bryan Rowes specially excepts and objects because this provision of the Motion fails to state with specificity the language of the order that Bryan Rowes has allegedly violated. Tex. Fam. Code § 157.002(a); In re Mann, 162 S.W.3d 429 (Tex. App.-Fort Worth 2005, orig. proceeding). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety ..
2. Bryan Rowes specially excepts and objects because the provisions in the PROTECTIVE ORDER relating to threatening or harassing correspondence are not specific enough to be subject to enforcement. The Order to be enforced must be clear, specific, and unambiguous as to the duties and responsibilities of the alleged violator. See Ex parte Slavin, 412 S.W.2d 43 (Tex. 1967). The order sought to be enforced by Mary Tillotson violates Slavin because the PROTECTIVE ORDER is too vague, general, and broad to clearly place Bryan Rowes on notice as to what exact conduct is required under the PROTECTIVE ORDER. Mary Tillotson should be required to replead this allegation, or the Court should *200 strike this claim in its entirety.
3. Bryan Rowes specially excepts and objects because these statements are conclusory (factually and legally) and are not supported by adequate evidence. A witness' conclusory statements made in an affidavit, without evidentiary support, do not create any fact issue. See Purcell v. Bellinger, 940 S.W.2d 599, 601-02 (Tex.1997); Anderson v. Snider, 808 S.W.2d 54, 55 (Tex.l991 ). Testimony that is conclusory or speculative is irrelevant evidence, because it does not tend to make the existence of a material fact more probable or less probable. Coastal Transp. Co. v. Crown Central
Respondent's Special Exceptions, Motion to Strike, Motion to Dismiss for Lack of Standing, and Original Answer and Affirmative Defenses Subject to Special Exceptions , Motion to Strike and Motion to Dismiss for Lack of Standing
Page2l N:\USERS\_Ciients\Rowes, Bryan Enforcement\Speeial Exceptions, Motion to Strike, Original Answer and Affirmative Defenses.wpd Petrol. Corp., I36 S.W.3d 227,232 (Tex 2004). 22. Beginning on Page 2, Provision titled AI of Mary Tillotson's Motion states as follows: Bryan Rowes has disobeyed and continues to disobey such order in that he has intentionally, willfully and maliciously violated the PROTECTIVE ORDER. More particularly BRYAN ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows: Violation22. On or about September 25, 2015, BRYAN ROWES violated the
PROTECTIVE ORDER by communicating with MARY TILLOTSON directly when he sent her threatening or harassing correspondence to MARY TILLOTSON's residence after the PROTECTIVE ORDER was granted.
I. Bryan Rowes specially excepts and objects because this provision of the Motion fails to state with specificity the language of the order that Bryan Rowes has allegedly violated. Tex. Fam. Code § 157.002(a); In re Mann, I62 S.W.3d 429 (Tex. App.-Fort Worth 2005, orig. proceeding). Mary Tillotson should be required to replead her allegations properly, or the Court should strike her claims in their entirety.
2. Bryan Rowes specially excepts and objects because the provisions in the PROTECTIVE ORDER relating to threatening or harassing correspondence are not specific enough to be subject to enforcement. The Order to be enforced must be clear, specific, and unambiguous as to the duties and responsibilities of the alleged violator. See Ex parte Slavin, 4I2 S.W.2d 43 (Tex. 1967). The order sought to be enforced by Mary Tillotson violates Slavin because the PROTECTIVE ORDER is too vague, general, and broad to clearly place Bryan Rowes on notice as to *201 what exact conduct is required under the PROTECTIVE ORDER. Mary Tillotson should be required to replead this allegation, or the Court should strike this claim in its entirety.
3. Bryan Rowes specially excepts and objects because these statements are conclusory (factually and legally) and are not supported by adequate evidence. A witness' conclusory statements made in an affidavit, without evidentiary support, do not create any fact issue. See Purcell v. Bellinger, 940 S.W.2d 599, 601-02 (Tex.1997); Anderson v. Snider, 808 S.W.2d 54, 55 (Tex.1991 ). Testimony that is conclusory or speculative is irrelevant
Respondent's Special Exceptions, Motion to Strike, Motion to Dismiss for Lack of Standing, and Original Answer and Affirmative Defenses Subject to Special Exceptions, Motion to Strike and Motion to Dismiss for Lack of Standing
Page%3 N:\USERS\_Ciienls\Rowes. BI)'Bn Enforcemcnt\Speci41 Exceptions, Motion to Strike, Original Answer and Affirmative Dcfcnscs.wpd evidence, because it does not tend to make the existence of a material fact more probable or less probable. Coastal Transp. Co. v. Crown Central Petrol. Corp., 136 S.W.3d 227,232 (Tex 2004).
Motion to Dismiss Alleeed Violations 2 - 19 For Lack of Stan dine The PROTECTIVE ORDER stated, in relevant part, as follows: "Attorney's Fees The Court finds that BRYAN ROWES should be assessed Five Thousand Dollars and no cents ($5,000.00) as attorney's fees for the services of Frederick S. Adams, jr. IT'S ORDERED that FREDERICK S. ADAMS, JR. lis awarded judgment of Five Thousand Dollars and No Cents ($5,000.00) for legal services rendered with post judgment interest thereon. The judgment, for which let execution issue, is awarded against BRYAN ROWES, which is to be paid $250.00 per month beginning May 1, 2014 and each month thereafter until the Judgment and all interest paid ••• " Bryan Rowes requests the Court dismiss alleged violation numbers 2, 3, 4, 5, 6, 7, 8, 9,
10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 because Mary Tillotson lack standing to bring suit on these claims. The judgment was issued to Frederick S. Adams, JR., not Mary Tillotson. On Bryan Rowes's information and belief, Mary Tillotson is not entitled to recover in the capacity in which she sues on these alleged violations.
Answer Subject to Special Exceptions. Motion to Strike. and Motion to Dismiss 1. Bryan Rowes objects to the assignment of this matter to an associate judge for a trial on *202 the merits or presiding at a jury trial. 2. Bryan Rowes denies the allegations of Mary Tillotson's Motion for Enforcement of Protective Order. The order sought to be enforced by Mary Tillotson is incapable of enforcement, in that it 3. is ambiguous and is not clear and specific enough in its terms that Bryan Rowes knows Respondent's Special Exceptions, Motion to Strike, Motion to Dismiss for Lack of Standing, and Original Answer and Affirmative Defenses Subject to Special Exceptions , Motion to Strike and Motion to Dismiss for Lack of Standing
Page24 N:\USERS\_Ciicnts\Rowcs, Bryan Enforcemcnt\Spccial Exceptions, Motion to Strike, Original Answer and Affirmative Defcnses.wpcl what duties or obligations are required. 4. As affirmative and other defenses, and without waiver of any of the foregoing denials, Bryan Rowes alleges: 1. Mary Tillotson's claims are barred, in whole or in part, by the equitable doctrine of unclean hands. 2. Plaintifrs claims are barred, in whole or in part, by the equitable doctrines of collateral estoppel and res judicata. Bryan Rowes reserves the right to rely upon such other defenses and affirmative defenses as may become available or apparent during discovery proceedings in this case. Attorney's Fees It was necessary for Bryan Rowes to secure the services of Paula A. Bennett and the law firm of Orsinger, Nelson, Downing & Anderson, L.L.P., licensed attorneys, to prepare and defend this suit. Mary Tillotson should be ordered to pay reasonable attorney's fees, expenses and costs and a judgment for attorney's fees, expenses, and costs through trial and appeal should be granted against Mary Tillotson and in favor of Bryan Rowes for the use and benefit of his attorneys and be ordered paid directly to Bryan Rowes's attorneys, who may enforce the judgment in their own name. Bryan Rowes requests postjudgment interest as allowed by law.
*203 Prayer Bryan Rowes prays that the Court grant his Special Exceptions, Motion to Strike, and Motion to Dismiss for Lack of Standing. Respondent's Special Exceptions, Motion to Strike, Motion to Dismiss for Lack of Standing, and Original Answer and Affirmative Defenses Subject to Special Exceptions, Motion to Strike and Motion to Dismiss for Lack of Standing
PagelS N:\USERS\_Clicnts\Rowes, Bryan Enfon:ement\Special Exceptions, Motion to Strike, Original Answer and Affinnativc Dcfcnscs.wpd Bryan Rowes prays that every alleged violation be stricken and Mary Tillotson's Motion for Enforcement of Protective Order be dismissed. In the alternat ive, Order Mary Tillotson to amend her Mot ion so it is legally sufficient.
Bryan Rowes prays this Court issue a clarifying order to remove all of its ambiguous terms of the Protective Order if the Court finds that it is vague or ambiguous. Bryan Rowes prays that the Court deny Mary Tillotson's Mot ion for Enforcement of Protective Order and that Bryan Rowes recover aiJ attorney's fees, costs and expenses incurred in defending this suit.
Bryan Rowes prays for general relief. Respectfully submitted,
ORSTNGER, NELSON, DOWNING
& ANDERSON, LLP 5950 Sherry Lane Suite 800 Dallas, Texas 75225 Tel: (2 14) 273-2400 Fax: (214) 273-2470 By: JOvtt lfA 01 ~~elf
Paula A. Bennett
State Bar No. 24064824 pbennett@onclafami ly law.com *204 Attorney fo r Bryan Rowes
Res pondent's S pecial Exceptions, Motion to Strike, Motion to Dismiss for Lncl< of Standin g, and Orig inal Answer and Affirmative Defenses Subj ect to Sp ecial Exceptions, Motion to S trike and Moti on t o Dismiss for Lack of Standin g
Page 26 N:\USERS\_C iionts\Rowcs, Drynn Enforccrncnt\Spccial Exceptions, Motion to S trike, Original Answt.:r and Affirmative Dcfcnscs.wpd Verificati on The undersigned stated under oath: [11] 1 have read the foregoing motion. The statements Signed under oath, before me on Nov~k'Y' bill 3 Q , 2015. Nota;ypublic, SroofTexas Certificate of Ser vice I certify that a true copy of the above was served on Brad Nacc, The Crescent Comt, I 00 Crescent Court, T" Floor, Dallas, Texas 75201 attorney of record or party via e-mail at bnacc@nacemotlcy.com in accordance with the Texas Rules of Civil Procedure on November 30,2015.
*205 Paula A. Bennett Respondent's Spcciul Exceptions, Motion to Strike, Motion to Dismiss for Lnck ofStnnding, and Orlginnl Answer nnd Affi rma ti ve Defenses Su!Jjcct to SJ•cciul F.xceptions, Motion to Strike nnd Motion to Dismiss for Luclt of Stamling J>ngc 27 N:\US ERS\_ Clicaus\Rowe>, llr y1u1 Uuf<> r cculcut\Spccial Exccpriou~ , Motion to Strike. Original Answer and Afri1111111ivc Dcfcn,cs.wpd -~ • .... : J ..... • ! l ,., :-..
- . --· • .. ., I I J No. DF-09-18237 20/SOCT 2J
AH 9: 28
IN THE 256 111 IN THE INTEREST OF § o;fucr., ?il i'l=" § niDICIAL DISTRICT COURT DAt.tl~'g.~Yt~~s § §
DALLAS COUNTY, TE~D[PUTy CIDLDREN § MARY TILLOTSON'S MOTION FOR ENFORCEMENT OF PROTECTWE ORDER TO THE HONORABLE JUDGE OF SAID COURT: Respondent and Movant MARY TILLOTSON hereby files her Motion for Enforcement of Protective Order, entered April 11, 2014, and who shows in support the following: I. DISCOVERY LEVEL Discovery in this case is intended to be conducted under level 2, T.R.C.P. Rule 190. II. PARTIES This Motion for Enforcement of Protective Order is brought by MARY TILLOTSON ("MARY TILLOTSON" or "Movantj, Petitioner in the above-captioned cause numbers, who is the mother o f - and - ( c o l l e c tively, hereinafter sometimes referred to as the "chi~ AN ~ ROWES,. or is Respondent in the pending proceeding. He is also the father o , . _ and
III. CHILDREN *206 The following children, who are under the continuing jurisdiction of the 256 111 Judicial - District Court of Dallas County, Texas, are the subjects of this suit: and -
IV.
MANAGING CONSERVATOR$mP Pursuant to the ORDER IN SUIT AFFECTING PARENT CHILD RELATIONSHIP, entered March 6, 2012, MARY TILLOTSON and BRYAN ROWES were appointed Parent Joint Managing Conservators of the children.
MARY TILLOTSON 'S
MOTION FOR ENFORCEMENT OF PROTECTIVE ORDER Pg. 1
v.
JURISDICfiON
This Court has continuing. exclusive jurisdiction of this case as a result of prior proceedings.
VI.
SERVICE AND N~TICE The party entitled to notice is BRYAN ROWES. BRYAN ROWES may be served with process in this matter In accordance with Rule 2 Texas Rules of Civil Procedure, by serving him at his place of residence or at any other place he may be found.
VII. ORQEBSTOBEENFORCED MARY TILLOTSON seeks to enforce the PROTECTIVE ORDER that BRYAN ROWES has intentionally, willfully and contemptuously violated subsequent to it being entered. BRYAN ROWES bas violated in various respects the PROTECTIVE ORDER, entered April 17, 20U.
A. PROTECTIVE ORQER in Cause No. DF-09-18237, styled "In the Interest of On Children, Children:' in the 256 .. JUdiicial - and was entered in this Court that stated in ~ , a relevant part as follows:
"IT IS ORDERED that Respondent, BRYAN ROWES, Is: *207 "Problblted from communlcadng cllrecdy wltb MARY TILLOTSON Ia a tbnatenlDJ or barasslllg manner. "'n a DndJag or good cause, prolllblted fnna commualeadaa Ia any maaaer wllb MARY TILLOTSON, except throqb Rapoadeat'• attoncr or a penoa appointed by a Coart, except Our Family Wizard related to tbe chRdrca. "Problblte4 rrom colas to or near, or wltbJa 500 feet or, any location where MARY TILLOTSON Is kaowu by Respoadeat. BRYAN ROWES, to bt and rrem remalDJng wlthla 500 reet after Respondent, BRYAN ROWES becoMes awan or MARY TILLOTSON's prese1cc.
MARY TILLOTSON'S MOTION FOR £NFORCEMENJ' OF PROTECf/YE QRDER Pa-2
.. Prohibited from going to or near MARY TILLOTSON~t addresses or where MARY nLLOTSON normally resides a t - - . "Bffectlve Period wn.ts Order shall continue in f\111 force and effect until April 10, 20 16." "Attomex's Fees The Court ftnds that BRYAN ROWES should be assessed Five Thousand Dolbn and no Cents (SS,OOO.OO) as attorney's foes for tho sorvlcos of' Frederick S. Adams, Jlt IT'S ORDERED that FREDERICK S. ADAMS, JR. Is awarded judpent of Pivo Thousand Dollars and No Cents (SS,OOO.OO) for legal services rendored with post judgment interest thereon. Tile Judpaent, ror whlc• let e~:ecutloa Issue., Ia awarded asalnst BRYAN ROWES, which II to be paid $250.00 per month b'8innJDg May 1, 2014 aDd eaell mont' thereafter untO the Judgment and all interest Jlllld ••• " (emphasis added)
The above provisions may be found on pages two (2) through three (3) in the PROTECfiVE ORDER. A true and correct copy of the PROTECfiVE ORDER is attached as Exhibit A and incorporated by reference the same as if fully copied and set forth at length. See attached exhibit "A. "
Al. BRYAN ROWES has disobeyed and continues to disobey such order in that he has intentionally, willfully and maliciously violated the PROTECTIVE ORDER. More particularly, BRYAN ROWES has committed separate violations of the order described in the PROTECfiVE ORDER as foUows:
Violation 1. On May 28 2014, at 8:30A.M., BRYAN ROWES violated the PROTECTIVE ORDER by going within 500 feet of a location where MARY TILLOTSON was known to be by Respondent, BRYAN ROWES, *208 specifically an elevator bank at the court house. There, BRYAN ROWES made eye contact with MARY TILLOTSON, glared at her menacingly and stood next to her. As MARY TILLOTSON retreated, she told him he was in violation of the PROTECTIVE OBDER. BRYAN ROWES smirked and got on the elevator nevertheless, where she was still standing. Following, security saw MARY TILLOTSON visibly shaken and crying and escorted her downstairs to meet her then attorney. Following, BRYAN ROWES deliberately walked past MARY TILLOTSON twice while she was in front of the courtroom glaring at her as he previously had.
MARY DLLOISON'S MOTION FOR ENFORCE.MF..NTOF PROTECTLYE QRDER Pa-3
Violation 2. On May 1, 2014, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
Violation 3. On June 1, 2014, BRYAN ROWES violated the PROTECfiVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
Violation 4. On July 1, 2014, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00
Violation 5. On August 1, 2014 BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
Violation 6. On September 1, 2014 BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
Violation 7. On October I, 2014, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
Violation 8. On November 1, 2014, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney ofMARY TILLOTSON in the amount of$250.00.
Violation 9. On December 1, 2014, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
Violation 10. On January 1, 2015, BRYAN ROWES violated the PROTECTIVE *209 ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
Violation 11. On February 1, 201, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
Violation 12. On March 1, 2015, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
MARY TILLOTSON'S
MOTION FOR ENFORCEMENT OF PROTECTIVE ORDER Pg.4
Violation 13. On April 1, 2015, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
Violation 14. On May 1, 2015, BRYAN ROWES violated the PROTECJ'IVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
Violation 15. On June 1, 2015, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
Violation 16. On July 1, 2015, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
Violation 17. On August 1, 2015, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
Violation 18. On September 1, 2015, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
Violation 19. On October 1, 2015, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
Violation 20. On March 5, 2015, BRYAN ROWBS violated the PROTECJ'IVE ORDER, by going to MARY TILLOTSON's place of employment located at Children's Medical Hospital.
Violation21. On March 28, 2015, BRYAN ROWES violated the PROTECTIVE *210 ORDER. by communicating with MARY TILLOTSON directly when he sent her threatening or harassing correspondence by email stating he went to her place of employment on two separate occasions after the PROTECJ'IVE ORDER was granted.
Violation 22. On or about September 25, 2015, BRYAN ROWES violated the PROTECTIVE ORDER. by communicating with MARY TILLOTSON directly when he sent her threatening or harassing correspondence to MARY TILLOTSON's residence after the PROTECTIVE ORDER was granted.
MARY TILLOTSON'S
MOTION FOR ENFORCEMENT OF PROTECTIVE ORDER Pg.S
Movant MARY TILLOTSON was the Applicant/Petitioner and BRYAN ROWES was the Respondent in the above-referenced proceeding. VID. REQUESTS (a) Movant requests that Respondent be held in contempt. /ailed, and flned tor each of the relllllining violations detailed above. (b) Movant believes, based on the conduct of Respondent, that Respondent will continue to fail to comglv with the orders set forth above. Movant requests that Respondent be held in contempt, jailed, and tined for each failure to comply with the orders of the Court from the date of this filing to the date of the hearing on this motion.
(c) Movant, MARY TILLOTSON, requests that, if the Court finds that any part of the order sought to be enforced is not specific enough to be enforced by contempt, the Court enter a clarifying order more clearly specifYing the duties imposed on Respondent and giving Respondent a reasonable time within which to comply.
(d) Movant, MARY TILLOTSON, requests that the Court find that since the last hearing BRYAN ROWES has engaged in an "incident" negating the parties' agreement, and subsequent order of the Court, that BRYAN ROWES's possession of the children be restored pursuant to the prior order dated March 6, 2012.
(e) Movant, MARY TILLOTSON, requests that BRYAN ROWES provide proof of counseling compliance as a condition precedent for all periods of possession to be exercised. IX. ATTORNEY'S FEES AND EXPENSES It was necessary for Movant to secure the services ofNACE & MOTLEY, L.L.P., lawyers duly licensed and practicing in the State of Texas, to preserve, protect and defend Movant's rights and the children. Respondent BRYAN ROWES should be ordered to pay reasonable *211 attorneys' fees, expenses, and costs, and a judgment should be rendered in favor of the attorney and against Respondent; or, in the alternative, reasonable attorneys' fees, expenses, and costs should be taxed as costs and should be ordered paid directly to the undersigned attorney, who may enforce the order in the attorney's own name.
Movant requests postjudgment interest as allowed by law.
MARY TILLOTSON'S
MOTION FOR ENFORCEMENT OF PROTECTIYE ORDER Pg.6
PRAYER
Movant prays that the Court grant its Motion for Enforcement and, specifically, that Respondent be held in contempt and punished as requested, that a judgment be granted for attorney's fees, and costs or order a bond or security, that the Court clarify any part of its prior order found not specific enough to be enforced by contempt, for attorney's fees, expenses, costs, and interest, and for all further relief authorized by law.
Respectfully submitted, NACE & MOTLEY, L.L.P. 100 Crescent Court 7th Floor Dallas, Texas 75201 Tel: (214) 4598289 Fax: (214) 2424333 By:/s/ Bradford Nace
State Bar No. 24007726 bnace@nacemotley.com Attorney for Movant MARY TILLOTSON
CERTIFICATE OF SERVICE In addition to serving BRYAN ROWES with service of process, the undersigned certifies that the foregoing docwnent will be served on his counsel of record, PAULA BENNEIT, in accordance with the Texas Rules of Civil Procedure.
Is/ Bradford Nace
MARY TILLOTSON'S
*212 MOTION FOR ENFORCEMENT OF PROTECTIVE ORDER Pg. 7 Nl·U • ••'- p. a or u
'loa ZltUltl N0.09-18l37 IN TJm INTERBST 011' § JN Till DISTRICT COURT I I 256'1'11 JUDICIAL DISTRICI' §
I I
MINOR CHILDREN §' DAJ..LAS COUNTY, T&XAS . PROT8C71fiE ORDBR • 2014, tho Court beanl tho ApplfoatiOD of MARY '11l..UJ'I'SON for a Proteotivo Order. Applicant. MAR f TIUOTSON,IJI{IeiJ'ed In pmoD and throqb attomey of record, JRm>BRICK S. ADAMS, JR., and IIUIOUD08d ready. R.elpcmdent, BRYAN ROWI!S, appeared in pcrsoD aud IDD01IIlCed ready, ltll'fldktlon Tbo Co\11, after eicuntning the record IIOd hearing lbc ovi~ and argument or counse~ ftnda that all neoessary prcrcquislta oftbo law have beca aa1lrftod aod dlat tbla Court hu Jurbdiction over the parties aod subject matter of chis cue.
*213 The Court fin& lhal BRYAN ROWKS hu qaaed iD conduct violalivo of Texas Penal Code Sectlon 42.on. The Court finds that the foUowing proteotlvc orden are for the safety and we1taro a11Clln the besllntcrest of Applicant acd arc ~ tor !he protecdon of Applicant. •Prgl!dfd P.non"
In thla'OI'der, IIJ>roteoled Person [11] meana ApplioaDt Pq,J t-ll·U l•tl• p. s ef U to• Zl41Sli1Dl rr IS ORDBRBD Chat Respondetlt, BRYAN ROWBS, is: Prohibited tom commluina famllyvloleaoe,as deaDecl by section 71.004 of the Texas Family Coda. PlohlbJted ftom communlcatlna dlroctly with MARY riLLOTSON in albreateoing or haruaing manner. Ptohfbitecl ftom ~oa1fns a threat throusb any penon to M.Ull' TILLOTSON On a fiDdioa of sood cause. prohibited fioom OOUIIJWDicatiD& In 8ll)' nwmcr with MARY
TILLOTSON excopt tbrouab Respondent's a11omey or a penon appointed by tho Court, CDCccpl Our Famfiy Wizard related to the cb1ldren.
PloblbbDd tom aoll!l to or near, or wttbln 500 feet ot: any location whereMJCRY TILLOTSON 18 known by ~t. BRYAN RO'WBS to bo and from remainlna withlD SOO feet after Respondeat. BRYAN ROWBS bocom01 ~of MARY 11LLOTSON prcacnco.
Prohibited fi'om soing to or near MARY TILLOTSON• employment lddreael or where MARYm.LOTSON normally raidea Prohibited tom po11C811na a firearm oz ammualtJoo unloa IWpondont, BR1AN ROWBS is a J>08CC' officer, as dofinod by seodon 1.07 of lho Texas Penal Cod&, actively onpaed *214 in employment as a awom,1\ill-timo paJd omp)oyeo of a 81atc agency or political subdivision.
Rclponcic:nh liceose to carry a concealed handpn iaucd UDder subcbaptct H, chaptor 41 I, oflhe Texas Oovernmellt Codo Ia auspooded. dttpmntFw
The Courtfiuds that BRYAN ROJI'ES should be usessed Five 1'lloumnd Do/b-1 and No Cnit (SS.OOO.OO) as attomets fees for the services ofFRJIDiiRICX. S. ADAMS. JR. rr rs Ta1 214653610] Froa1 Callllle laderson 4-17-14 8149aa p. 10 of 19 ORDBRBD that FRBDBRICK S. ADAMS, JR. Ia awarded judgment of Five Thouscmd Dollm·s and No Cents ($5,000.00) for legal sorvicesrendered wilhpostjudgment interest thereon. The judgment, for which let execrution issue, is awarded pnstBRYAN'JlOWES, which ls to be paid $250.00 per month beginning May 1, 2014 and each month thereafter wtll tbe Judgment and all Interest is paid in accordance with Bxhiblt "A" hereof which is incorporated hmln at 2001 BryanSireet, Suite 1800, Dallas, Texas 7S201. Feea: Cluugea. 1111d be1uea
IT IS ORDBRBD that BRYAN ROWESshall pay the $16 protective order fee. the standard fee for cost ofscrvicc of this older, the costs of court, and all other fees, charges, or expenses inowred in connection with this order. lT IS THRRBPORB ORDERED that Respondent. BRYAN ROWBS shall pay Sixt1en Dolled's and No Cents ($16.00) to the clerk of this Court on or before May J, 2014 at Dallas County Courthous~ 600 Commerce Street, Dallas, Texas 75202, by cash, cashier's check, or money order. ReUefNol Gmnted
IT IS ORDERED that all relief requested in tho Appllcatfon for Protective Order but not *215 wcpressly granted is denied. Order Forwarded
A copy ofthis order, along with the information provided by Applicant's attorney that is required under section 411.042(b)(6) of the Texas Government Code, shall be forwarded by the clerk of this Coun to the ohief of pollee of the municipality of Dallas, Texas. Bffectlw Period
This onlcr shall continue In fUll force and e!feot until April 10, 2016. ' To1 Z146Sl61DJ Fro111 C111111le Allllersoa Hl-14 1•49u p, 11 of 19 Wnrnlngt: . A PBRSON WHO VIOLATES TinS ORDBRMAYBBPUNISHBD FOR CONTBMPT
OF COURT BY A P1NB OF AS MUCH AS SSOO OR BY CONPINEMBNT 1N JAJI. FOR AS
LONG AS SIX MONTHS, OR BOTH.
NO PBRSON, INCLUDING A PBRSON WHO IS PR.OTBCTBD BY THIS ORD~ MAY OlVB PERMISSION TO ANYONE TO JGNORB OR VIOLATB ANY PROVISION OF THIS ORDER. DURINO 111B TlMB IN WHICH THIS ORDBR IS VALID, EVERY PROVISION OF TIDS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANOBS THB ORDER..
IT IS UNLAWFUL FOR ANY PBRSON, OTHER THAN A PBACB OFFICER, AS
DBPJNBD BY SECTION 1.07, PENAL CODB, ACTIVBL Y RNOAOED 1N EMPLOYMENT A..c; A SWORN, FULL-TIMB PAID BMPLOYBB OP A STATB AGENCY OR POLITICAL SUDDMSION, WHO IS SUBJECT TO A PROTBCTIVB ORDER TO POSSESS A FIREARM OR AMMUNITION.
A VIOLATION OF 'CHlS ORDER BY COMMISSION OF AN ACT PROHJBJTBD BY THB ORDER MAY BE PUNISHABLE BY A PlNB OF AS MUCH AS $4,000 OR BY CONFJNBMBNT 1N JAIL FOR AS LONG AS ONB YEAR. OR B01H. AN Ar:fTIIAT *216 RBSULTS IN FAMILY VIOLENCE MAY BB PROSRCUTED AS A SEPI\,RATE MISDEMEANOR OR FELONY OFFBNSB. IF niB ACT IS PROSBCUTBD AS A SBPARATB PELONY OPFBNSR, IT IS PUNISHABLE 'BY C~NFINEMl!NT IN PRISON
POR AT LEAS'!' TWO
YEARS.
IT IS UNLA WPUL FOR ANY
PERSON WHO IS SUBJECT TO A PROTBCTJVE OR.DBR TO POSSESS A FIRBARM OR AMMUNITION. POSSESSION OF A FIRBARM Pr~teclll'l Otdlf Ptrf14
. Toa Zlt65J61DJ Froaa Connie Andeaon 4-17-lt 8a49a:a p. 12 of 19 OR AMMUNlTION, AS DBFJNBD IN 18 U.S.C. § 921, WHILB THIS PROTECTIVE ORDER
IS IN BFPBCT MAY BB A FELONYUNDBR FEDBRAL LAW PNISHABLB BY UP TO TBN
YEARS IN PRISON, A $250,000 PINB, OR BOrn.
PURSUANT TO 18 U.S.C. § 92S(a)(l), THB RBSTRICI10NS ON POSSESSION OP PIR.BARMS OR AMMUNITION FOUND AT t 8 U.S.C. § 922(g)(8), AND IMPOSBD BY THIS PROTBCTIVB ORDER, DO NOT APPLY TO PIRBARMS OR AMMUNmON ISSUED BY niB UNITED STATBS OR ANYDBPARTMBNTOR AOBNCYTHBRBOF OR ANY STATB OR ANY DBPARTMEN'f, AOBNCY, OR POLITICAL SUBDMSJON THBRBOF, WHICH RBSPONDBNT POSSBSSP .. CJ IN CONNBt.'TION WI'ffi THB DISCHAROB OP OFFICIAL OOVBR.NMBNT DliTIBS. rnB POSSESSION OF
PRIV ATBL Y OWNED FIREARMS AND
AMMUNITION, HOWRVBR, REMAINS UNLAWFUL AND VIOLA TBS THE TIIBRMS Oll TillS PROTECTIVE ORDER.
IT IS UNLAWFUL FOR ANY PBRSON WHO JS SUBJECT TO A PROTBc:I'IVB ORDBR. TO KNO}VJNClLY PURCHASE, RENT, LBASB, OR RECEIVE AS A LOAN OR
GIFT PROM ANOTHER, A
HANDGUN FOR THB DURATION OF TIUS ORDER.
nrrBRSTATB VIOLATION OP TillS PRO'l'BCTlVE ORDER MAY SUBJECT RBSPONDBNTTO FEDERAL CRIMINAL PBNALTJBS. '11118 PROTBCTIVB ORDER IS *217 BNFORCBABLB IN ALL FIFTY STA'fBS, mB DISTRJCT OF COLUMBIA, TRmAL
LANDS, AND U.S. TBRRJTORJBS.
SIONBD on APR 1 '12014
JUDGE PRESIDING
,,,,s ProtectiN Ordn Hl-14 I•Cta p. ll of It lnfontatllJnGbolll Raponrknl w Aid Law~ Ojlctn: Name: BRYAN WILLIAM ROWES Hoene address! Home tolephoac number: ~ I ( Work addrelr. NODe Walk tdcphono ruunbcr: Nolle 0111 orblrth: Color of eyea: ~ ~ l)w N eotororhalr: B r f1rC. ~ lfelgbt: 5 I ~ II Welaht /'5'0 Sec: MaJ~
tr.boy~ fer+~~ Race: Caacaalaa PeriOIII1 Delcliptors: _5c: , k. Soolal Security number. Driver's license or ldentificalioo number and ~ssuiDg 1tate: Ti: D~
*218 .. ,., •. No. DF-09-18237 §" INTHE2561h IN THE INTEREST OF § AND § JUDICIAL DISTRICT COURT § CHILDREN § DALLASCOUNTY,TEXAS ORDER HOLDING DRY AN ROWES IN CONTEMPT FOR VIOLATION OF APRIL 11.
2014 PROTECTIVE ORDER, AND FOR COMMITMENT TO COUNTY JAIL On this day, the Court heard Movant's Motion for Enforcement of April 11, 2014 Protective Order.
APPEARANCES
Movant, KATY TILLOTSON, appeared in person and through attorney of record, BRADFORD NACE, and announced ready for trial. BRYAN ROWES appeared through attorney of record, PAULA BENNETI, and announced ready for trial.
JURISDICfiON & JURY The Court, after examining the record and the evidence and argument of counsel, finds that it has jurisdiction over the subject matter and the parties in this case. All persons entitled to citation were properly cited. A jury was waived, and all questions of fact and of law were submitted to the Court.
RECORD
The record of testimony was duly reported by the court reporter for the 256 111 Judicial District Court.
FINDINGS
*219 in Cause No. DF-09-18237, styled "In the Interest Children, n in the 2561h Judicial was entered in this Court that stated "Orders "IT IS ORDERED that Respondent, BRYAN ROWES, is: "Prohibited rrom communicating directly with MARY TILLOTSON In a · threatening or harassing manner.
ORDER HOLPING BRYAN ROWES IN CONTEMPT FOR VIOLATION OF APRIL 11. 2014 PROTECTIVE ORQER. AND FOR COMMITMENT TO CQUNTY JAIL Pg. 1
·- "On a finding of good cause, prohibited from communicating in any manner with MARY TILLOTSON, except through Respondent's attorney or a person appointed by a Court, except Our Family Wizard related to lhe children.
• "Prohibited from going to or near, or within 500 feet of, any location where MARV TILLOTSON is known by Respondent, BRV AN ROWES, to be and addresses or where MARY TILLOTSON nonnally resides at- from remaining within 500 feet after Respondeat, BRV AN ROWES becomes aware of MARY TILLOTSON's presence. "Prohibited fiom going to or near MARY TILLOTSON's employment "Effective Period "This Order shall continue in full force and effect until April 10, 2016."
That following the entry ofthe APRIL II, 2014 PROTECTIVE ORDER. Respondent BRYAN ROWES violated said PROTECTIVE ORDER as set forth herein. The above provisions are found on pages two (2) through three (3) in the PROTECTIVE ORDER. - The Court granted a directed verdict on the following violations: Violation 20. On. March S, 2015, BRYAN ROWES violated the PROTECTIVE
ORDER, by going to MARY TILLOTSON's place of employment located at Children's Medical Hospital.
Violation 22. On or about September 25, 2015, BRYAN ROWES violated the PROTECTIVE ORDER. by communicating with MARY TILLOTSON *220 directly when he sent her threatening or harassing correspondence to MARY TILLOTSON's residence after the PROTECTIVE ORDER was granted.
The Court proceeded forward with regard to violations 1 & 21 and in accordance therewith made the following findings: that Respondent BRYAN ROWES has. violated the APRIL 11, 2014 PROTECTIVE ORDER as follows:
CONTEMPT FINDINGS AND FINDINGS ON ARREARAGES
The Court finds that BRYAN ROWES has violated the APRIL 11,2014 PROTECTIVE ORDER and is therefore in CIVIUCRIMINAL CONTEMPT. More particularly, BRYAN ORQER HOLQING BRYAN ROWES IN CONTEMPT FOR VIOLATION OF APRIL II. 2014
PROTECTIVE ORQER. AND FOR COMMITMENT TO COUNTY JAIL
Pg. 2
·- ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows:
Violation 1. On May 28 2014, at 8:30A.M., BRYAN ROWES violated the PROTECTIVE ORDER, by going within 500 feet of a location where MARY TILLOTSON was known to be by Respondent, BRYAN ROWES, specifically an elevator bank at the court house. There, BRYAN ROWES made eye contact with MARY TILLOTSON, glared at her menacingly and stood next to her. As MARY TILLOTSON retreated, she told him he was in violation of the PROTECTIVE ORDER. BRYAN ROWES smirked and got on the elevator nevertheless, where she was still standing. Following, security saw MARY TILLOTSON visibly shaken and crying and escorted her downstairs to meet her then attorney. Following, BRYAN ROWES deliberately walked past MARY TILLOTSON twice while she was in front of the courtroom glaring at her as he previously had.
Violation 21. On March 28, 2015, BRYAN ROWES violated the PROTECTIVE ORDER, by communicating with MARY TILLOTSON directly when he sent her threatening or harassing correspondence by email stating he went to her place of employment on two separate occasions after the PROTECTIVE ORDER was granted.
The Court finds that Respondent BRYAN ROWES violated the PROTECTIVE ORDER as set forth herein and on the dates as set out above and that Respondent BRYAN ROWES is guilty of a separate act of contempt for each such separate violation.
The Court denies attorney's fees in this case.
RELIEF GRANTED
IT IS ADJUDGED that Respondent, BRYAN ROWES, is in contempt for violations I & *221 21 enumerated above.
CIVIUCRIMINAL CONTEMPT
IT IS ORDERED that punishment for violations 1 & 21 enumerated above is assessed at a fine of five hundred dollars ($500.00) to be paid to Dallas County Child Support Office located at 600 Commerce Street, Dallas, Texas 75202 within ninety (90) days of the date of this judgment and confinement in the county jail of Dallas County, Texas, for a period of thirty (30) days.
IT IS THEREFORE ORDERED that Respondent BRYAN ROWES is committed to the county jail of Dallas County, Texas, for a period of thirty (30) days. ORDER HOLDING BRYAN ROWES IN CONTEMPT FOR VIOLATION OF APRIL II. 2014 PROTECTIVE ORDER. AND FOR COMMITMENT TO COUNTY JAIL Pg. 3
..
...
IT IS FURTHER ORDERED that Respondent BRYAN ROWES not be given good conduct time credit for time spent in the county jail.
ISSUANCE OF PROCESS
IT IS ORDERED that all writs and other process necessary for enforcement of this order be issued.
RELIEF NOT GRANTED
All relief requested and not expressly granted is denied. DEC102015 SIGNED on _____ ____ __ _ ruDGE *222 ORDER HOLDING BRYAN ROWES IN CONTEMPT FOR VIOLATION OF APRIL II. 2014 PROTECTIVE ORDER. AND FOR COMMITMENT TO COUNTY JAIL Pg.4
No. DF-09-18237 IN THE 2561b IN THE INTEREST OF § § § AND JUDICIAL DISTRICT COURT § CHILDREN DALLAS COUNTY, TEXAS § AMENDED ORDER HOLDING BRYAN ROWES IN CONTEMPT FOR VIOLATION OF APRIL 17.2014 PROTECTIVE ORDER, AND
FOR COMMITMENT TO COUNTY
JAIL On this day, the Court heard Movant's Motion for Enforcement of April 17, 2014 Protective Order.
APPEARANCES
Movant, KATY TILLOTSON, appeared in person and through attorney of record, BRADFORD NACE, and announced ready for trial. BRYAN ROWES appeared through attomey of record, PAULA BENNETI, and announced ready for trial.
JURISDICTION & JURY The Court, after examining the record and the evidence and argument of counsel, finds that it has jurisdiction over the subject matter and the parties in this case. All persons entitled to citation were properly cited. A jury was waived, and all questions of fact and of law were submitted to the Court.
RECORD
The record of testimony was duly reported by the court reporter for the 256th Judicial *223 District Court.
FINDINGS
in Cause No. DF-09-18237, styled "ln the Interest Children," in the 256dl Judicial of was entered in this Court that stated District in relevant part as follows:
"Orders "IT IS ORDERED that Responden4 BRYAN ROWES, Is: "Prohibited from c:ommunleatlng directly with MARY TILLOTSON in a ·
AMENDED ORDER HOLDING BRYAN ROWES IN CONTEMPT FOR VIOLATION OF APRIL 17.2014 PROTECTIVE ORPER. AND FOR COMMITMENT TO COUNTY JAIL Pg. I
threatening or harassing manner. "On a finding of good cause, prohibited from communicating in any manner with MARY TILLOTSON, except through Respondent's attomey or a penon appointed by a Court, except Our Family Wizard related to the children. "Prohibited from going to or near, or within 500 feet or, any locatlon where MARY TILLOTSON is known by Respondent, DRY AN ROWES, to be and from remaining within 500 feet after Respondent, DRY AN ROWES becomes aware of MARY TILLOTSON's presence. "Prohibited fiom going to or near MARY TILLOTSON's addresses or where MARY TILLOTSON nonnally resides at "Effective Period "This Order shall continue in full force and effect until April I 0, 20 16."
That following the entry of the APRIL 17, 2014 PROTECTIVE ORDER, Respondent BRYAN ROWES violated said PROTECTIVE ORDER as set forth herein. The above provisions are found on pages two (2) through three (3) in the PROTECfiVE
ORDER.
The Court granted a directed verdict on the following violations: Violation 20. On March 5, 2015, BRYAN ROWES violated the PROTECfiVE
ORDER, by going to MARY TILLOTSON's place of employment located at Children's Medical Hospital.
Violation 22. On or about September 25, 2015, BRYAN ROWES violated the *224 PROTECTIVE ORDER. by communicating with MARY TILLOTSON directly when he sent her threatening or harassing correspondence to MARY TILLOTSON's residence after the PROTECTIVE ORDER was granted.
The Court proceeded forward with regard to violations 1 & 21 and in accordance therewith made the following findings; that Respondent BRYAN ROWES has· violated the APRIL 17, 2014 PROTECTIVE ORDER as follows;
AMENDED ORDER HOLDING BRYAN ROWES IN CONTEMPT FOR VIOLATION OF APRIL 17.2014
PRQTECTIVE ORQER. AND FOR COMMITMENT TO COUNTY JAIL · Pg. 2
CONTEMPT FINDINGS AND FINDINGS ON ARREARAGES ·
The Court finds that BRYAN ROWES has violated the APRIL 17,2014 PROTECTIVE ORDER and is therefore in CIVIL/CRIMINAL CONTEMPT. More particularly, BRYAN ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows:
Violation 1. On May 28 2014, at 8:30A.M., BRYAN ROWES violated the PROTECTIVE ORDER, by going within 500 feet of a location where MARY TILLOTSON was known to be by Respondent, BRYAN ROWES, specifically an elevator bank at the court house. There, BRYAN ROWES made eye contact with MARY TILLOTSON, glared at her menacingly and stood next to her. As MARY TILLOTSON retreated, she told him he was in violation of the PROTECTIVE ORDER. BRYAN ROWES smirked and got on the elevator nevertheless, where she was still standing. Following, security saw MARY TILLOTSON visibly shak~n and crying and escorted her downstairs to meet her then attorney. Following, BRYAN ROWES deliberately walked past MARY TILLOTSON twice while she was in front of the courtroom glaring at her as he previously had.
Violation 21. On March 28, 2015, BRYAN ROWES violated the PROTECTIVE ORDER, by communicating with MARY TILLOTSON directly when he sent her threatening or harassing correspondence by email stating he went to her place of employment on two separate occasions after the PROTECTIVE ORDER was granted.
The Court finds that Respondent BRYAN ROWES violated the PROTECTIVE ORDER as set forth herein and on the dates as set out above and that Respondent BRYAN ROWES is guilty of a separate act of contempt for each such separate violation.
The Court denies attorney's fees in this case.
RELIEF GRANTED
*225 IT IS ADJUDGED that Respondent, BRYAN ROWES, is in contempt for violations 1 & 21 enumerated above.
CIVIL/CRIMINAL CONTEMPT
IT IS ORDERED that punishment for violations 1 & 21 enumerated above 1s assessed at a fine of five hundred dollars ($500.00) to be paid to Dallas County Child Support Office located at 600 Commerce Street, Dallas, Texas 75202 within ninety (90) days of the date of this judgment and confinement in the county jail of Dallas County, Texas, for a period of thirty (30) days. AMENDED ORDER HOLDING BRYAN ROWES IN CONTEMPT FOR VIOLATION OF APRIL 17. 2014 PROTECTIVE ORDER. AND FOR COMMITMENT TO COUNTY JAIL Pg. 3
IT IS THEREFORE ORDERED that Respondent BRYAN ROWES is committed to the county jail of Dallas County, Texas, for a period of thirty (30) days. IT IS FURTHER ORDERED that Respondent BRYAN ROWES not be given good conduct time credit for time spent in the county jail.
ISSUANCE OF PROCESS
IT IS ORDERED that all writs and other process necessary for enforcement of this order be issued.
RELIEF NOT GRANTED
All relief requested and not expressly granted is denied. SIGNED on __ ____:D::.:E=-=C___,!1:.......;0!!...,;Z:..:.0..:..:.15 __ __ , JUDGE PRESIDING *226 AMENDED ORQER HOLDING BRYAN ROWES IN CONTEMPT FOR VIOLATION OF APRIL 17.2014 PROTECTIVE ORDER. AND FOR COMMITMENT TO COUNTY JAIL Pg.4
ATTACHMENT AND COMMITMENT IN CONTEMPT Form 294-D/1 0-86 CAUSE NO. DF-09-18237 SERVICE OfFICER: BAILIFF
STYLE Clerk's fees $8.00 Officer's fees co llected $150.00 Officer's fees not collected $ IN THEINTEREST OF J[ 5 fJJ]% ET AL Costs not com pi iecl with $ Affidavit Inabi lity to Pay CHILDREN $ THE STATE OF TEXAS TO ANY SHERIFF OR ANY CONSTA BLE Of T HE STATE Of TEXAS _ _____ GREETIN GS: WHEREAS, it appearing that in the case ofKATY TILLOTSON, Pet itioner. and BRYAN ROWES, Respondent. NO. DF-09-18237 , pending in the 256TH DISTRICT COURT in and for Dallas County. Texas. that BRYAN ROWES, has been adjudged in contempt of' thi s court fo r failu re to obey an order heretofore entered herein. as the same appears of record in Vol. 7844, Page 529, of' the Minutes of said Court.
NOW. therefore, in obed ience to an order or this Court made and entered on the 17th day of April, 2014 as shown on the Minutes of said Court. YOU ARE HEREBY COMMANDED to take BRYAN ROWES into your custody and to commi t said person to the jail of your county. In accordance with the ceni tied copy of the Court's Order which is attached hereto and marked Exhibit "A" and incorporated herein by reference, you wi ll safely keep said person until the fi ne of $500.00 (PAID WITHIN 90 DAYS OF THIS .JUDGEMENT)assessed in said order is paid and until the imprisonment of 30 DAYS days/months have been discharged. You will further safely keep said person unti1 he has compli ed with any and all coercive requirements of said order until said person is othcr·wise legall y discharged.
HEREfN FAIL NOT, but due return make of thi s writ withi n ninety clays from the date hereof, showi ng how you have executed same. WITNESS: FELICIA PITRE, Clerk of the District Courts, Dallas County, Texas. GIVEN LIN DER MY HAND AN D SEAL OF SAID COURT, at office in the City of Dallas, ON THIS THE lOTH DAY OF DECEMBER, 2015. AT'J'EST: FELICIA PITRE
Lssued at request of: Clerk of' the District Courts
BRADFORD NACE
::lias County,~f-- NACE & MOTLEY LLP
*227 , Deputy
CARMEN MOORER
OFfiCER'S RETURN ~ 1..> \ 1.\ clay of fJ ~ <!. , 20 \ <) , and ~:uted on the \0 T"'' day Cam>-t,.o hand on the of · U p c , 20 ___J___s=__. Returned on thi s the \ 0 1 H day of'_jjcr c
, 20_,'l.L.._-I- Officer ..._ Co unty_tt-~-~~-14-- By C-+i:D.tA.D e/)=>~77 J Deputy Fees .......... .................................... $ \5g ~
1
REPORTER'S RECORD TRIAL COURT Cause No. 09-18237-Z
IN THE MATTER OF THE MARRIAGE OF MARY TILLOTSON AND BRYAN ROWES
* IN THE DISTRICT COURT * * DALLAS COUNTY, TEXAS * * 256TH JUDICIAL DISTRICT * * * MOTION FOR CONTEMPT * * * [18] *228 [19]
On the 10th day of December, 2015, the testimony of [20] said witnesses came on to be heard in the presence of a [21] Judge, in the above-entitled and -numbered cause, and the [22] following rulings were made by the Honorable David [23] Lopez, Judge of the 256th Judicial District Court, held in [24] Dallas, Dallas County, Texas: [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 2
A P P E A R A N C E S
MR. BRADFORD NACE Attorney @ Law SBOT NO. 24007726 100 Crescent Court, Fl 7 Dallas, Texas 75201 Office No. 214-459-8289 Fax No. 214-242-4333 COUNSEL for MARY TILLOTSON MS. PAULA BENNETT Attorney @ Law SBOT NO. 24064824 5950 Sherry Lane Suite 800 Dallas, Texas 75225 Office No. 214-273-2400 Fax No. 214-273-2470 COUNSEL for BRYAN ROWES
* * * [18] *229 [19] [20] [21] [22] [23] [24] [25]
GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 3
I N D E X
Proceedings * * * * * * * * * * * * * * * * * * * * 5 WITNESSES: MARY TILLOTSON Direct Examination By Mr. Nace* * * * * * * * * * * * * * * * * 7 Cross-Examination By Ms. Bennett * * * * * * * * * * * * * * * 23 Redirect Examination By Mr. Nace* * * * * * * * * * * * * * * * * 34 Recross-Examination By Ms. Bennett * * * * * * * * * * * * * * * 35
BRAD NACE
Direct Examination By Mr. Nace* * * * * * * * * * * * * * * * * 37 Cross-Examination By Ms. Bennett * * * * * * * * * * * * * * * 37 Motion for Directed Verdict By Ms. Bennett * * * * * * * * * * * * * * * * * * 39 Judge's Ruling on Direct Verdict* * * * * * * * * * * 41 BRYAN ROWES Direct Examination By Ms. Bennett * * * * * * * * * * * * * * * 41 Cross-Examination By Mr. Nace* * * * * * * * * * * * * * * * * 46 PAULA BENNETT Direct Examination By Ms. Bennett * * * * * * * * * * * * * * * 49 [18] *230 Judge's Ruling * * * * * * * * * * * * * * * * * * * 51 [19] Reporter's Certification * * * * * * * * * * * * * * 52 [20] * * * [21] [22] [23] [24] [25]
GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 4 E X H I B I T I N D E X PETITIONER'S EXHIBIT DESCRIPTION MARKED OFFERED ADMITTED 1 Motion for PO 9 9 9 2 Email from Our Family Wizard 3/28/15 12 13 13 4 Email from Our Family Wizard 9/25/15 17 18 18 5 Copy of Ltr sent to Southlake Address 18 18 19 6 Email from Our Family Wizard 3/30/15 21 21 21 8 Email from Our Family Wizard 3/28/15 Not disclosed 46 46 47 RESPONDENT'S EXHIBIT DESCRIPTION MARKED OFFERED ADMITTED 1 All Our Family Wizard Communication 44 45 45 2 P. Bennett's Fees 50 50 51 3 P. Bennett's CV 50 n/a n/a
* * * * * [18] *231 [19] [20] [21] [22] [23] [24] [25]
GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 5
P R O C E E D I N G S
THE COURT: All right. This is Cause Number 09-18237. The Court's had an off the record regarding the motion for enforcement that is currently pending in this case and the attorney for the mother has indicated a nonsuit for Violations 2 through 19. The Respondent has objected to nonsuit.
The Court is going to -- Anything else you want to say on that issue before I -- the Court is going to overrule that objection. And therefore proceeding on Violations 1, 20, 21, and 22.
MS. BENNETT: Could we still present evidence with respect to Violations 2 through 19, the attorney's fees issues since we had to prepare and all the way up to this point we've not been notified 2 through 19 would be nonsuited?
THE COURT: Let me ask you this: How much *232 time are you going to need on -- I mean you've got [18] essentially four violations here. [19] MS. BENNETT: Half an hour a side for me. [20] I'll go as quick as I can. [21] THE COURT: And you, Counsel? [22] MR. NACE: We can probably do this in twenty [23] minutes for our side, Judge. [24] THE COURT: Twenty minutes a side is the best [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 6 I got. I got another case I got to hear after this. MS. BENNETT: Thank you, Your Honor. MR. NACE: May I keep my phone out so I have
my timer on? THE COURT: Yes, certainly. I'm going to do the same. MR. NACE: Would Your Honor like us here at counsel table or at the bench? THE COURT: Doesn't matter to me. But I will tell you the Court -- I do have contempts in very short time --
MR. NACE: May we approach the bench, Your Honor? THE COURT: Sure. Okay. You may proceed. MR. NACE: Thank you, Your Honor. Please
state your full name for the record? MS. TILLOTSON: Mary Catherine Tillotson. *233 THE COURT: I'm sorry, did I swear everybody [18] in? [19] MR. NACE: No. [20] MS. BENNETT: No. [21] THE COURT: My fault. Can you -- if you're [22] going to testify, please raise your right hand. [23] (Whereupon witness was sworn). [24] MR. NACE: Your Honor, I'm noticing that the [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 7 Respondent did not raise his right hand. MS. BENNEIT: He -- MR. RONES: was sworn 1n. MS. BENNEIT: I don't think you were sworn 1n
today. MR. RONES: was. MS. BENNEIT: Oh, you were? I ' m sorry .
(Whereupon Respondent sworn in). THE COURT: A I I right. You may proceed .
MARY K. TILLOTSON,
the witness hereinbefore named, being f i rst du I y cautioned and sworn to testify the truth, the whole truth and nothing but the truth, test i f i ed on her oath as fo I I ows:
DIRECT EXAMINATION BY MR. NACE: Q. State your fu I I name for the record . Mary Katherine Ti I Iatson.
A.
*234 And you are the movant on a Motion for Q.
Enforcement of a Protective Order f i I ed on October 23, 2015, correct?
A. Yes, s 1r. Respondent, Bryan Rowes, i s your ex-husband? Q. A. Yes. Father of your two children, -and - Q.
GLENDA E . FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-25 6TH J UDICIAL DISTRICT COURT 21 4-653- 645 2 8 A. Yes, sir. Q. And you notice he is in this courtroom
today, present before the court and in front of the bench, correct?
A. Yes. Q. Would you identify an article of clothing
that he is wearing? A. A blazer with a striped tie. MR. NACE: Ask the Court to take notice that my client has recognized Mr. Rowes in the courtroom today. THE COURT: Yes, sir. Q. (By Mr. Nace) All right. You had a protective order heard and issued before the Court on April 11, 2014, correct?
A. Yes. Q. Is that order still in force and effect? A. Yes. *235 Q. And specifically today we're only trying to [18] enforce distinct and separate issues, Numbers 1, 20, 21, [19] and 22 pursuant to the protective order issued on April 11, [20] 2014, correct? [21] A. Correct. [22] MR. NACE: And, Judge, we'd ask the Court to [23] take judicial notice of the protective order on file dated [24] April 11, 2014. [25]
GLENDA E. FINKLEY, CSR 3274
OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT
214-653-6452 9 THE COURT: Yes, sir. Q. (By Mr. Nace) Stated within there are certain prohibitions and specifically turning you to Page 2 on that protective order it states, it is ordered that Respondent, Bryan Rowes, is prohibited from communicating directly with Mary Tillotson in a threatening or harassing manner; do you see that?
A. Correct. Yes. Q. And additionally prohibited from going to or
near Mary Tillotson's employment addresses or where Mary Tillotson normally resides at
, correct? A. Correct. Q. Effective period, this order shall continue in full force and effect April 10, 2016. A. Yes. Q. Correct? *236 A. Yes. [18] Q. Now, the summary of testimony is [19] Petitioner's 1 a true and correct copy of that motion? [20] A. Yes. [21] MR. NACE: We will offer Petitioner's 1 as a [22] summary. [23] MS. BENNETT: No objections. [24] THE COURT: Admitted. [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 10 Q. (By Mr. Nace) Okay. Cutting right to it, Violation 1, Page 3, A1 states, on May 28, 2014 at 8:30 a.m. Bryan Rowes violated the protectibr order going within 500 feet of a location where Mary Tillotson was known to be by Respondent Bryan Rowes, made eye contact with Mary Tillotson, glared at her menacingly and stood next to her. Do you see that?
A. Yes. Q. Is all that information true? A. Yes. Q. And one provision that I did not read from
the protective order is specifically Bryan Rowes, Page 2, is prohibited from going to or near or within 500 hundred feet of any location where Mary Tillotson is known by Respondent, Bryan Rowes, to be; do you see that?
A. Yes. Q. But on that particular day he was within 500
*237 feet, correct? [18] A. Yes. [19] Q. Tell the Court what happened following that [20] interaction? [21] A. I had to back up. I started crying and the [22] security officer saw me and came over. It was in the [23] courthouse. And Judge Olvera heard it. [24] Q. And this happened after the protective order [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 11 was issued in this case, correct? A. Yes. Q. And specifically, did you get on the
elevator that day? A. No. Q. Stairs? A. I backed up and Bryan got on the elevator. Q. Okay. And following that interaction, did
Bryan do anything else within 500 feet of a location where you were known to be by him?
A. Yes. He knew I was going down to the basement. He went to the down to the basement and he walked by twice. Fred Adams was there and testified about it.
MS. BENNETT: Objection, Your Honor, hearsay. Fred Adams isn't here so she can't say what Fred Adams testified about.
*238 MR. NACE: It's not offered for the truth of [18] the matter asserted, Judge. There's testimony -- well, [19] evidence before the Court that he was there. [20] THE COURT: Overruled. [21] Q. (By Mr. Nace) Okay. Did you feel threatened [22] on that particular day by Mr. Rowes? [23] A. Yes. [24] Q. Turning your attention to Violation 20 on [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 12 March 5th, this is at Page 5 of your motion, on March 5, 2015 Bryan Rowes violated the protective order by going to Mary Tillotson's place of employment located at Children's Medical Hospital, correct?
A. Correct. Q. With regard to Mr. Rowes and his appearance
at your place of employment, where were you employed on March 5, 2015?
A. Children's Medical Center. Q. Where is that located? A. 1935 Medical District Drive. Q. Now, pursuant to the protective order the
mode of communication is suppose to be by Our Family Wizard between you and Bryan, correct?
A. Correct. Q. Has he also violated that as well since the
entry of the protective order? *239 A. I don't believe so. [18] Q. With regard to Our Family Wizard had he sent [19] you communications about his appearance at your place of [20] employment on March 5, 2015? [21] A. Yes. And mentioned several times. I only [22] have proof of one. [23] Q. So turning your attention to Petitioner's 2, [24] I'm going to hand you an exhibit dated March 28, 2015. Is [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 13 this a true and correct copy of the e-mail that you received from Our Family Wizard from Bryan Rowes?
A. Yes. Q. Okay.
MR. NACE: We will offer Petitioner's 2. MS. BENNETT: No objection. THE COURT: Admitted.
Q. (By Mr. Nace) Turning your attention quickly to the last sentence of that March 28, 2015 letter from Bryan Rowes, it states, "I went to the hospital". Can you read that?
A. Yes. Q. And that's the hospital where you work,
correct? A. Yes. Q. In fact in the first paragraph he even
states, "you were present during my first interactions", *240 correct? [18] A. Correct. That was prior to -- [19] Q. Okay. So that's prior to the protective [20] order. I went to the hospital is after the protective [21] order, correct? [22] A. Correct. [23] MR. NACE: I will tender, Your Honor. [24] Q. (By Mr. Nace) Violation 21 on March 28, Bryan [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 14 Rowes violated the protective order by communicating with Mary Tillotson directly when he sent her threatening or harassing correspondence e-mail stating he went to her place of employment on two separate occasions after the protective order was granted. Do you see that?
A. Yes. Q. Tell me about that? A. He just sent messages stating that he had
been there -- MS. BENNETT: May Your Honor -- THE WITNESS: -- on multiple occasions that
he had gone to Children's. MS. BENNETT: Objection, Your Honor, we'd ask for the -- the best evidence rule states that she has to put forth those e-mails showing that he stated those things on multiple occasions. In fact it's only the March 28th e-mail that's in question at this point. And if she's *241 saying that in fact he said this on multiple times, I'd [18] like to see copies of multiple Our Family Wizard messages. [19] THE COURT: Do you have that? [20] THE WITNESS: I think it mentions it several [21] times in there. [22] MR. NACE: Is this on my time? [23] THE COURT: Well, initially it wasn't and now [24] that it's returned to you it is. [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 15 MR. NACE: It does, Your Honor. Specifically it says that I again brought 's birth certificate to the medical records department and had a conversation with management at the department. I explained that I had already brought 's birth certificate once and explained my concern that you, as a social worker, at the hospital would have access to the file so it does say it.
MS. BENNETT: Just to clarify, Your Honor, the testimony was that in fact he had sent multiple messages. That's one message that stated that he went to Children's Hospital; not multiple messages. I asked the Court to have them provide proof of other message stating the same.
MR. NACE: This is not Voir Dire, Judge. If you want to cross-examine my client, that's proper. THE COURT: Yes, sir. Q. (By Mr. Nace) Petitioner's 3, what is it? *242 A. This is a document that was signed by him at [18] Children's Medical Center on March 5, 2015. [19] Q. Is that a true and correct copy? [20] A. Yes. [21] Q. Do you recognize Bryan Rowes' signature on [22] that document? [23] A. Yes. [24] Q. You were previously married to that man, [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 16 right? A. Yes. Q. Is that his signature Bryan Rowes' signature
and nobody else to your knowledge? A. It is his. MR. NACE: We'll offer 3. MS. BENNETT: Your Honor, we object insofar
as it needs to be properly authenticated. It's not properly authenticated. They would need a business record affidavit on file 14 days prior to today or we need a sponsoring custodian or record to prove up any record of Children's Hospital if in fact that's what they are.
MR. NACE: Judge, we're not trying to prove it up as a business record. We're proving it up as his signature.
MS. BENNETT: Your Honor -- MR. NACE: Or a document. *243 MS. BENNETT: Your Honor, they're not asking [18] the court to have you take a look at the document for the [19] signature because we're not proving up signatures on any [20] other document. So it's not a document that's going to be [21] used later to prove up a signature. It's a document that [22] is being used to prove whether or not Mr. Rowes was in fact [23] at Children's Hospital on a given day. [24] THE COURT: Sustained. [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 17 Q. (By Mr. Nace) Turn your attention to Violation 22, on or about September 25, 2015 Bryan Rowes violated the protective order by communicating with Mary Tillotson directly when he sent her a threatening or harassing correspondence to Mary Tillotson's residence after the protective order was granted. Do you see that?
A. Yes. Q. On that specific date, September 25, 2015,
did you forward Mr. Rowes an e-mail by Our Family Wizard with regard to a change of residence?
A. Yes. Q. Did Mr. Rowes respond? A. I believe so. Q. Okay. With regard to the e-mail that you
had sent Mr. Rose on September 25, I'll hand you Petitioner's 4. Is that a true and correct copy of the e-mail you sent by Our Family Wizard to Mr. Rowes?
*244 A. Yes. [18] Q. And specifically you stated in that e-mail at [19] 10:38 a.m, "I really have more important things", here is [20] your address , [21] correct? [22] A. Correct. [23] Q. Below you ask, again, I am directly asking [24] what is your plan to repay the judgment, correct? [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 18 A. Correct. Q. You were granted a judgment of $95,000.00 in
this case, correct? A. Correct. Q. I've asked three times now and received no
response. Are you going to pay weekly, monthly, lump sum, and if so how much and what time?
A. Correct. MR. NACE: Offer No. 4. MS. BENNETT: No objection. THE COURT: Admitted.
Q. (By Mr. Nace) Now, in response did you receive a letter on -- well, following September 25, 2015 at your home at your residence at your new address?
A. Yes. Q. Okay. And is this a fair and accurate
depiction of the letter you received? *245 A. Yes. [18] Q. True and correct copy? [19] A. Yes. [20] MR. NACE: Offer 5. [21] MS. BENNETT: Your Honor, if I can we would [22] object to it being a true and correct copy. This is the [23] document that she pertains and pursues to put him in jail. [24] And in this case we believe that the original should be [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 19 produced. So we object to a duplicate. THE COURT: Overruled. Q. (By Mr. Nace) Specifically that -- we'll let
the Court read exactly what that -- THE COURT: No. 5 is admitted. Q. (By Mr. Nace) This letter says what it says, right? A. Yes. Q. Now, continuing course of conduct, do you believe there has been one in this case? MS. BENNETT: Objection, Your Honor. This is testimony that would be -- it would be in violation of Texas Rules of Evidence 404, proof of character based on what she alleges to be acts done in conformity with prior acts.
THE COURT: Sustained. Q. (By Mr. Nace) With regard to had you received *246 a prior letter in the underlined case? [18] MS. BENNETT: Objection, Your Honor, once [19] again, this goes to the same objection, Texas Rule of [20] Evidence 404 states that you can't go backward. He needs [21] to prove up a crime if in fact one has occurred via this [22] letter. [23] Q. (By Mr. Nace) Anybody else to your knowledge [24] -- [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 20 THE COURT: Sustained. [1] Q. (By Mr. Nace) -- have your address on [2] besides your ex-husband as of September 25, 2015? A. My mother had it, my husband, you. Q. (By Mr. Nace) Anybody else? A. Judge Lopez.
MS. BENNETT: Objection, Your Honor, nonresponsive. It was a yes or no question. THE COURT: Sustained. THE WITNESS: I'm sorry. Yes.
Q. (By Mr. Nace) Okay. And this is a sex offender letter, dear resident, right? A. Yes. Q. Are you a sex offender? A. No. Q. Can you think of any other person besides
*247 Mr. Rowes who would have produced that letter or sent that [18] letter? [19] A. No. [20] Q. Do you believe that letter was sent in [21] direct response to your e-mail to him earlier that day when [22] you informed him of your address -- [23] A. Yes. [24] Q. -- change? And that letter was sent on [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 21 September 25, 2015, correct? A. Correct. Q. Did you incur attorney's fees in this case? A. Yes. Q. You had a fee agreement with me, correct?
A. Yes. Q. And you're aware that my fees exceeded $5,000.00 today for this matter alone, correct? A. Yes. Q. With regard to Petitioner's 6, is this
another e-mail that you received from Mr. Rowes on March 30, 2015? [12] A. Yes. [13] Q. Okay. And this is after his appearance at *248 MR. NACE: We'll offer Petitioner's 6. [18] MS. BENNETT: No objection. [19] THE COURT: Admitted. [20] Q. (By Mr. Nace) And he says here, Dear Katy, I [21] have been reviewing 's medical file, right? [22] A. Correct. [23] Q. It's only one place he could have gotten [24] that, correct? [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 22 A. Correct. Q. And I do not see anything in there about
your drinking and smoking while pregnant. How long ago had you been pregnant as of March 30, 2015?
A. I was not pregnant. Q. I'm sorry? How many years ago were you
pregnant? Last pregnant? A. Like twelve. Well, with it had been twelve. Q. So twelve years later he's referencing something about when you were pregnant, right? A. Yes. Q. Now, the protective order says that he,
Bryan Rowes, is prohibited from communicating directly with you in a threatening or harassing manner, right?
A. Yes. Q. Was that threatening or harassing to you? *249 A. Yes. [18] Q. Mr. Rowes also filed, in this case, an ex [19] parte motion to modify and motion to enforce? [20] A. Yes. [21] Q. And motion to modify the protective order as [22] to his ability to go to the hospital where you work, [23] correct? [24] A. Correct. [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 23 Q. That motion was not granted by this Court, correct? A. Correct. MR. NACE: I'll pass my client. MS. BENNETT: Okay.
CROSS-EXAMINATION
BY MS. BENNETT:
Q. Mrs. Tillotson, if you could take a look -- I don't have the exhibits -- If we could take a look at your petition. Let's go ahead and take a look at your petition. Thank you. Do you have a copy of your petition? Can you -- can you give her a copy, please.
A. Okay. Q. Okay. With respect to Violation 1, A1 on
Page 3, you state that you told Bryan that he was in violation of the protective order. Did you do that at the elevator bank?
*250 A. Yes. [18] Q. Okay. And that took place in the basement [19] -- or on the ground floor of the courthouse, correct? [20] A. Yes. [21] Q. And on May 28, 2014 you had a hearing set in [22] this family law matter, did you not? [23] A. I did. [24] Q. Are you under the assumption that he cannot [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 24 appear at his own hearing in the cases you have against him?
A. No. I just asked him to back up. Q. Okay. So he has right to --
MS. BENNETT: Objection, nonresponsive after no. THE COURT: Sustained. Q. (By Ms. Bennett) So he has a right to be here to defend himself on May 28, 2014, doesn't he? MR. NACE: Object, Your Honor, asking my client for a legal conclusion she cannot answer. THE COURT: Sustained. Q. (By Ms. Bennett) And you -- Isn't it true that you both arrived at the elevator bank on the first floor after going through security?
A. Correct. Q. And isn't it true that he jumped on the
*251 first elevator that came to go downstairs? [18] A. I don't recall. [19] Q. Okay. Do you recall meeting him at the [20] elevator? [21] A. I was standing there. [22] Q. Okay. Do you recall that he got on the [23] elevator, the first elevator that came? [24] A. I don't remember. [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 25 Q. So isn't it true he was in your space for less than a minute before the elevator arrived? A. I -- I don't know. Q. Well, if I were bringing a lawsuit against
somebody -- A. I know he walked up. I backed up. Q. -- stating I wanted to put them in jail, I
would understand that that was a very serious allegation. So, again, I'm asking you --
A It is. I backed up. I said, I have a protective order against you. I backed up. Q. And he got on the elevator, didn't he? A. Yeah. Q. So the protective order states, if you could
turn to the protective order, which is attached to your petition, it states that he is prohibited from going to or near or within 500 feet of any location that you are known *252 to be by the Respondent and remaining, remaining within 500 [18] feet after the Respondent becomes aware of your presence. [19] He didn't remain in your presence, did he? [20] A. He did. He said I'm waiting for the [21] elevator to open. [22] Q. All of thirty seconds? [23] A. It's a lot to me. [24] Q. And he should be put in jail? [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 26 A. And I was crying. Yes. Q. And in fact, you've made a lot allegations
that where you show up, he has to leave, don't you? Isn't that part of your regular act to say where -- Strike that. On November 3, 2015, your husband has a case pending against Mr. Rowes, is that not true?
A. That is true. Q. And you are not a party to that suit? A. Correct. Q. And it was a deposition that was requested
by Bryan's lawyer of Joe Tillotson, your husband, correct? A. Uh-huh. Q. And Bryan showed up --
MR. NACE: Object to the relevance. MS. BENNETT: The relevance is that she's
using the protective order as a sword and not a shield. She shows up at -- they show up at the elevator. He has a *253 right to be here -- [18] THE COURT: Overruled. [19] Q. (By Ms. Bennett) And so in fact you showed up [20] at that deposition, didn't you? [21] A. Yes. I had no idea he would be there. [22] MS. BENNETT: Objection after yes. [23] THE COURT: Sustained. [24] Q. (By Ms. Bennett) And you're not a party to [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 27 that suit, are you? A. No. Q. And in fact you decided you weren't going to
leave that day even though it was requested you leave so Bryan could stay at the deposition?
A. True. Q. And you pulled out your phone and was going
to call the police, weren't you? A. Yes. Q. And you told everybody there, I'm going to call the police because I have a protective order and he's violating it?
A. Yes. Q. And in fact it was Bryan who left a
deposition in his own case just to avoid a violation of a protective order?
A. Yes. *254 Q. Isn't that the same thing that happened at [18] the elevator? [19] A. No. [20] Q. Okay. On October -- [21] A. He's there; he intimidates me all the time. [22] He sees me and he tries to scare me. [23] MS. BENNETT: Objection to everything after [24] no. [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 28 THE COURT: Sustained. Q. (By Ms. Bennett) On October 29, 2015 there was a visit for three hours at Bryan's house; isn't that true?
A. Yes. Q. And in fact when you showed up Bryan was on
his porch, correct? A. Correct. Q. And Bryan never left his porch that night,
did he? A. No. Q. And in fact Nancy Stark walked the children
to your car when you pulled up? A. Yes. Q. And when you pulled up, you stayed inside
the car, didn't you? A. Yes. *255 Q. And it was dark out that night, wasn't it? [18] A. Yes. [19] Q. And in fact -- [20] MR. NACE: Judge, I'm going to repeat my [21] objection to relevance because she hasn't plead a violation [22] for what is now being asked of her. [23] MS. BENNETT: Judge, this goes to the [24] relevance that she claims everything is harassing. We're [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 29 standing here about to put him in jail for what she [1] considers harassing. [2] THE COURT: Sustained. [3] Q. (By Ms. Bennett) So Bryan was at court that [4] day for a hearing, correct? [5] A. (No response). [6] Q. Did you in fact have a hearing on May 28, [7] 2014? A. Was that the protective order hearing? Q. May 28, 2014 did you have a -- A. We've had so many hearings I'm not sure
exactly what date. Q. You plead this in your pleading. So did you have a hearing on May 28th? A. Yes. Q. Violation 20. You didn't bring any proof
today that you were working at Children's Hospital on May *256 5, 2015, did you? [18] A. No. [19] Q. And in fact nobody contacted you on May 5, [20] 2000 and -- March 5, 2015 and stated that Bryan was in the [21] building, did they? [22] A. He bypassed security so, no. [23] MS. BENNETT: Objection, nonresponsive. [24] Q. (By Ms. Bennett) Nobody contacted you? [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 30 A. No. Q. And the letter on March 28, 2015 is the only
statement in here that you alleged he communicated harassing with you is the fact that he stated he went to the hospital, is that the only statement in here that you allege as harassing?
A. He harasses me all the time. MS. BENNETT: Objection, nonresponsive. THE COURT: Sustained.
Q. (By Ms. Bennett) Is the only statement in the order -- A. In that particular e-mail. Q. That's the only statement? A. Yes. Q. September 25, 2015 letter, you have no proof
that my client sent that letter, do you? A. No. *257 Q. And in fact on November 3, 2015 you were [18] present at your husband's deposition, weren't you? [19] A. Yes. [20] Q. And in fact he stated that he didn't have [21] any proof either, did he? That in fact this letter was [22] sent by Bryan? [23] A. I don't remember. [24] Q. Okay. And in fact you testified a few [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 31 minutes earlier that you opened the letter, didn't you? A. No. Q. Okay. Did you tell your son, , about
this letter? A. Not initially. Q. Okay. In fact you received the letter,
isn't it true that you took your son in the back room and talked to him about the letter?
MR. NACE: Objection, relevance. THE WITNESS: I saw the letter. THE COURT: Sustained. Sustained. MS. BENNETT: Judge, it goes to her motive.
Who has the -- who gets more bang for their buck for this letter being sent? A guy who had his first visit in two years, one day prior, or somebody who wants to stop the visits in their entirety? So her motive to upset the child is exactly what's at issue here.
*258 MR. NACE: Or his motive to upset the mother [18] as he has for the last two years. [19] THE COURT: I still sustain the objection. [20] Q. (By Ms. Bennett) Okay. With respect to your [21] pleading, the requested relief, you're requesting that on [22] Page 6 in your pleading that Bryan be held in contempt, [23] jailed, and fined for each of the violations; is that true? [24] A. Yes. [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 32 Q. And in fact you put that in bold and underlined and italics, right? A. I didn't type it. Q. In fact this is your pleading, ma'am,
correct? A. Correct. Q. And you're also requesting that he be
provided -- you be provided records of Dr. Godbey; is that correct?
A. Correct. Q. And you're asking that the Court find that
there's an incident that Bryan has participated in so that you can keep his visitation at three hours per week; is that right?
A. Yes. Q. Now, we provided you records, didn't we,
yesterday showing that Bryan is in compliance with his *259 treatment with Dr. Godbey, correct? [18] MR. NACE: Actually, I object. [19] THE WITNESS: I would -- [20] MR. NACE: Objection. It calls for [21] speculation in terms of compliance of what he has and [22] hasn't complied with. [23] THE COURT: Sustained. [24] Q. (By Ms. Bennett) Did you review a letter that [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 33 state -- from Dr. Godbey yesterday stating he's in compliance with the weekly visits as well as working on the issues Dr. Albritton asked him to work on?
A. That is what was stated, yes. Q. Thank you. And in fact Bryan has paid you
over $10,000.00 since we were here on September 3rd and he no longer owes child support arrearage; isn't that true?
A. He's still in arrears. MR. NACE: Objection. THE COURT: What was the objection? MR. NACE: Relevance. THE COURT: Sustained.
Q. (By Ms. Bennett) The protective order was drafted by your lawyer, correct? A. Correct. Q. And in fact, in the protective order it
doesn't state what your employment addresses are, does it? *260 Let's take a look at page -- [18] A. That is correct. [19] Q. So in fact Bryan was not on notice to what [20] your employment addresses were? [21] A. He was. I had sent him messages on -- [22] MS. BENNETT: Objection to everything after [23] he was. [24] THE COURT: Sustained. [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 34 MS. BENNETT: Pass the witness. REDIRECT EXAM I NAT I ON BY MR. NACE: Employment, with regard to May 5, 2015, had Q. you been \M:>rking that speci-Fic day at Children's? A. I'm not sure. Do you reca I I the day o"f week?
Q.
A. I work -- I'm PRN so my schedule changes all
the time. Q. We I I , May 5th though, the day that Bryan showed up at your hasp ita I , were you working that day? THE COURT: She said May. It was March . THE WITNESS: March. (By Mr. Nace) I ' m sorry, March? March?
Q. A. I'm not sure. Q. How I ong have you \M:>rked at Chi I dren 's? A. Almost six years.
How have you previously provided notice to
Q.
*261 your ex-husband, Bryan Rowes, that you worked at Children's?
A. It's on Our Family Wizard. Okay. So he's aware. The prior -- Well, Q.
this I etter that was sent to you on September 25, 2015 doesn ' t address any o"f the businesses you-alI had previously owned, correct?
GLENDA E. FINKLEY, CSR 3274 OFFI CIAL COURT RE PORTER- 256TH J UDI CI AL DI STRICT COURT 21 4- 653 - 645 2 35 A. Correct. Q. Prior to that letter that was sent to you
included businesses you-all previously owned? A. Yes. MS. BENNETT: Objection, Your Honor, again, we're talking about a supposed prior letter and they're introducing it in violation of Texas Rules of Evidence 404 for acts that they alleged had been done in conformity. There has been no convictions on any allegations like this.
THE COURT: Sustained. MR. NACE: Pass my client.
RECROSS-EXAMINATION
BY MS. BENNETT:
Q. You have no documents proving that Bryan Rowes was in Children's Hospital on March 5th; is that correct?
A. There's that document that he signed. *262 MS. BENNETT: Objection. [18] Q. (By Ms. Bennett) Do you have a document in [19] evidence that proves he was in Children's Hospital on March [20] 5th? [21] A. Yes. [22] Q. Okay. And is it admissible in this case at [23] this time? [24] A. I'm not an attorney. [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 36 MR. NACE: Objection. Q. (By Ms. Bennett) Okay. Is the only evidence you have that Bryan was in Children's Hospital the March 28th e-mail that was provided to the Court today?
A. Detective -- MS. BENNETT: Objection, Your Honor, nonresponsive. THE COURT: Sustained. Q. (By Ms. Bennett) You communicate exclusively through Our Family Wizard with Bryan, correct? A. Yes. MS. BENNETT: Pass the witness. MR. NACE: I'll call Mr. Rowes. THE COURT: Sir, you've been called as a
witness in this case. You have a constitutional right not to be called. You have a Fifth Amendment Right to either invoke or waive. If you invoke it nobody can ask you any *263 questions about the allegations against you. But if you [18] waive it, you're required to answer questions about the [19] allegations including questions and giving evidence that [20] may prove up any alleged guilt. [21] So I'm not trying to tell you what to do by giving [22] you this Fifth Amendment admonition. You have a counsel [23] here who you're able to confer with. And if you want to [24] confer with your counsel, I need to know whether or not [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 37 you're going to a waive your Fifth Amendment Right or invoke it and not testify.
MR. ROWES: I'd like to invoke it. THE COURT: All right. Next witness? MR. NACE: Myself. THE COURT: Yes, sir. MR. NACE: My name is Brad Nace. I'm an
attorney licensed to practice law before the State of Texas -- the courts in the State of Texas and have been in good standing before the state bar for seventeen years and one month. I am representing Katy Tillotson in this court proceeding. We have incurred the sum of $5,000.00 in attorney fees, which I believe are reasonable and necessary in the prosecution of this particular matter; the fees are reasonable and necessary and that's pursuant to my hourly rate of $260.00 an hour and I would pass myself as a witness.
*264 MS. BENNETT: Okay. [18]
CROSS-EXAMINATION
*265 of mind, a prior letter, almost carbon copy identical, the [18] one before the Court today and its' admissions. [19] MS. BENNETT: Texas Rule of Evidence states, [20] 404, he can't bring anything in that he's trying to prove [21] he acted in conformity with any prior act. So prior [22] testimony is absolutely prohibited evidence. [23] THE COURT: Sustained. [24] MR. NACE: Pass my client. [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 39 MS. BENNETT: Your client? You rest? MR. NACE: Yeah, I rest. MS. BENNETT: Your Honor, at this point we
would move for a directed verdict on each of the violations. With respect to Violation Number 1, the pleading as well as Petitioner's or Movant's testimony states that in fact Mr. Rowes got on an elevator and he immediately left her presence. The protective order states he has to remain in her space.
He in fact did not remain in her space. And there was no allegation that he made any effort to harass her. He simply got on the next elevator when he came through the front doors in the morning. Importantly he had a right to be here at the court. Just like I asked, may he approach here today. He had a right to approach and be in the courtroom on May 28, 2014.
We believe that on its' face that these statements *266 are conclusory inside the pleadings but that Mrs. [18] Tillotson's own testimony states that he didn't remain in [19] her space. He immediately left her space and we would ask [20] for a directed verdict. With respect to Violation Number [21] 20, she cannot prove that he was in the building at [22] Children's Hospital or her place of employment at [23] Children's Hospital on March 5, 2015. [24] Further, the protective order is vague. It just [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 40 says, employment address. It doesn't say Children's Hospital. So even if she were able to prove up that he was there on March 5th. In fact her place of employment, Children's Hospital, is not a listed prohibited place to be and the protective order needs -- in order to hold him in contempt needs to be unambiguous as to what he's on notice to.
Violation Number 21 states that the March 28th letter, 2015, is communicating with her in a harassing way. Harassing is not defined in the protective order. It's ambiguous, number one. And, number two, on its' face, when the Court reviews the March 28, 2015 e-mail, there's nothing in there harassing.
She states that the only statement that harassed her was he stated he went to get the child's record, that to me is not on its' face harassing enough to throw somebody in jail or harassing at all. Violation Number 22 *267 we ask for a directed verdict there as well because she [18] doesn't know who sent the letter. She just thinks he sent [19] the letter because that's who makes the most sense to her. [20] But in order to hold him in contempt of court and [21] throw him in jail, there's absolutely no proof that he sent [22] the letter. No proof at all. In fact they didn't even [23] bring the original letter here today. We would ask the [24] Court to grant a directed verdict on all violations at this [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 41 time; including that he not be ordered to pay attorney's [1] fees, Your Honor, for a frivolous suit. [2] THE COURT: The Court will grant the directed [3] verdict on Violations 20 and 22. [4] MR. NACE: What's that, Your Honor? 20 and [5] 22? THE COURT: Yes, sir. MS. BENNETT: May I proceed with my case? THE COURT: Yes. MS. BENNETT: Okay.
BRYAN ROWES,
the witness hereinbefore named, being first duly cautioned and sworn to testify the truth, the whole truth and nothing but the truth, testified on his oath as follows:
DIRECT EXAMINATION
BY MS. BENNETT:
Q. State your name for the court? *268 A. Bryan Rowes. [18] Q. Are you waiving your Fifth Amendment Right [19] at this time and willing to testify? [20] A. Yes. [21] Q. Okay. Taking a look at Violation Number 1, [22] were you in this building on March -- what's the date, May [23] 28, 2014? [24] A. Yes. [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 42 Q. What happened that morning? A. I arrived for a hearing. I arrived a little
early so that I could procure some records from the basement.
Q. Okay. And did you see Katy Tillotson that day? A. I came around the wall where the elevator bank is and she was standing there. Q. And when you say the elevator bank is this on the first floor? A. Yes. Q. Is this right after you come through
security? A. Yes. Q. And were you looking for Katy Tillotson? A. No. Q. Okay. And what happened when you saw each
*269 other? [18] A. She said she was getting on the elevator. I [19] responded that I did. She -- As she stated, she took a few [20] steps back so I got on the elevator and left. [21] Q. Okay. How long were you in Katy Tillotson's [22] presence at the elevator bank that morning? [23] A. Less than thirty seconds. The elevator [24] opened almost immediately when I arrived. [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 43 Q. And then where did you go after the elevator? A. I went to Records. I tried to procure some records for this case actually. It's under seal. They wouldn't provide them to me even though I'm a party so I went to Judge Olvera's chambers -- not chambers, her courtroom. I had her sign a document giving me permission to get my documents, went back downstairs to records and got my documents and went back upstairs to Judge Olvera's and waited for my hearing.
Q. And at any point were you remaining in the presence of Katy or Mary Kate Tillotson that day? A. No. Q. And did you see Katy Tillotson at any other
point prior to the hearing and from the elevator bank? A. No. Q. Okay. And did you harass her in anyway? *270 A. Absolutely not. [18] Q. Did you glare at her menacingly in [19] anyway? [20] A. No. [21] Q. With respect to Violation 21, the March 28, [22] 2015 e-mail, have you reviewed that e-mail? [23] A. I have. [24] Q. Is there anything in that e-mail that you [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 44 deem to be harassing or threatening to Mary Kate Tillotson? A. Absolutely not. Q. And what is the substance of that e-mail? A. I was --
MR. NACE: Object to best evidence. MS. BENNETT: It's in evidence already, Your
Honor. THE COURT: Overrule. Q. (By Ms. Bennett) What is the substance of that e-mail? A. She asked for any information I supplied regarding the children to Children's Hospital. I tried to be exhaustive and supply absolutely everything that -- all the information I had I supplied that I could think of.
Q. How do you communicate with Mrs. Tillotson? A. Our Family Wizard. Q. And so she says that this is the threatening
*271 act. Is there any other means in which you could have [18] threatened or harassed her? [19] A. No. [20] Q. Do you in fact -- Who do you believe is [21] harassing who? [22] A. I believe she's harassing me. [23] Q. Okay. I'm going to show you what is marked [24] as I guess Respondent's 1 at this point. Can you identify [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 45 this as a packet of Our Family Wizard's e-mail between you and Katy Mary Tillotson?
A. Absolutely. Q. And do those Our Family Wizard go back as
far as November 29, 2013? A. Yes. MS. BENNETT: I offer Respondent's 1. MR. NACE: Just a minute, Your Honor.
THE COURT: Okay. MR. NACE: No objection under Rule 2006 as a summary, Judge. THE COURT: Admitted. Q. (By Ms. Bennett) And, Bryan, if you can take a look at the October 30, 2015 e-mail. This a summary of all of the e-mails?
MS. BENNETT: Where is the exhibit that we've entered? We will offer Respondent's 1 to the court. *272 Q. (By Ms. Bennett) Upon the court's review, are [18] these Our Family Wizard exchanges opportunities that Katy [19] has told you that you were harassing her at that time as [20] well? [21] A. Yes. [22] Q. And in any of the e-mail communications on [23] the dates listed here, do you believe that you were [24] harassing Katy or Mary Kate Tillotson in anyway? [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 46 Absolutely not. A. Who do you be I i eve is harassing who?
Q.
I believe she's harassing me. A.
Okay. Did you incur fees in order to 1n Q. order to defend this suit?
A.
Yes. Do you believe this suit is frivolous?
Q.
A. Absolutely.
And do you believe you have harassed her any Q. such way?
A.
Not at a I I . MS. BENNETT: Okay. Pass the witness. CROSS-EXAMINATION BY MR. NACE: I 'm going to hand you what has been marked Q. as Exhibit 8. Can you identify that?
A.
I take the fifth. MS. BENNETT: No , you can't. *273 MR. RONES: cannot take the fifth . (By Mr. Nace) That's a true and correct copy
Q. of an e-mai I you did not disclose in the last exhibit before the Court dated March 28, 2015, correct?
A.
Yes. You're asking if I not disclose this before? That's not in the exhibit your attorney just Q. GLENDA E. FINKLEY, CSR 3274 OFFI CIAL COURT REPORTER- 256TH J UDI CI AL DISTRICT COURT 21 4- 653 - 645 2 47 produced to the Court? A. I would have to take a look at that exhibit and see. MS. BENNETT: Your Honor, if I could clarify. I have a copy of every Our Family Wizard dated back to what date -- that would be -- this is a copy of the full e-mail strings where she accuses him of being harassing and for the Court's edification I have no problem putting a full -- from what date -- back from 9-25 to the present which is the date that the visitation began again after our last court appearance so we can put in all the full strand, which would be inclusive of the e-mail that I believe -- Strike that. This is to clarify, this is the e-mail between the parties where she alleges he's harassing in the prior e-mail.
THE COURT: What's the objection about that document? *274 MS. BENNETT: Okay. No objection to its [18] admission. [19] Q. (By Mr. Nace) One of the e-mails you did not [20] disclose to your attorney is March 28 it says, Dear Katy, [21] I've shared all of the information I shared with the [22] outpatient psych office. The last three sentences there, I [23] do not recall specifically what I said but I believe it was [24] all along the lines of having been court ordered therapy to [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 48 address having been molested by her stepsister. Beyond that I did not discuss any custody litigation nor any concerns I had regarding your husband nor you. You said that, correct?
A. I read that, correct. Q. That is harassing, isn't it? A. No. Q. Now, with regard to the letter that was put
into evidence today sent -- I'm going to hand you a courtesy copy dated September 25th. Do you see that letter?
A. I see a photocopy of this letter. Q. What date -- March -- September 25, 2015
were you working? MS. BENNETT: Your Honor, I object to this line of questioning. You've already granted some directed verdict on Violation 22 which goes to this letter.
*275 THE COURT: If that's what you're trying to [18] do, sustain. [19] MR. NACE: It goes to the issue of attorney's [20] fees, Judge. What we're asking for. [21] MS. BENNETT: We received a directed verdict [22] on the claim so -- [23] MR. NACE: They're asking for attorney's fees [24] in this case. I'm entitled to cross examine whether he did [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 49 it or not. The court already granted a direct verdict on the issue of the violation but not the issue of attorney's fees.
MS. BENNETT: Your Honor, we would respond that he doesn't have the right to examine him, that would be double jeopardy. He had no right to examine him. He can ask him how much he incurred in defending Violation Number 22 which goes to the heart of the attorney's fees but not in fact whether or not he took some action that the Court has already found that there's a directed verdict.
THE COURT: Sustained. Q. (By Mr. Nace) May 28, 2014 with regard to this Violation 1, May 28, 2014, when you saw my client, why did you not just go the other direction?
A. On what date? Q. May 28, 2014 here at the courthouse? A I was going down to records so I -- I was a
*276 little -- I guess flabbergasted that she was there. I got [18] on the elevator as quickly as I could. I went away. I [19] mean I was -- What was I suppose to do? I did not turn and [20] go back through security if that is your question. [21] Q. Thank you. [22] MR. NACE: I'll pass the witness. [23] MS. BENNETT: I'm going to call myself, Your [24] Honor. My name is Paula Bennett. I've been licensed [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 50 through the State of Texas to practice law since 2008. I practice only family law. I have a copy of my CV that I'll enter as Respondent's 3 and copy of my billing statement that I will enter as Respondent's 2. Mr. Rowes retained me with a $5,000.00 retainer to retain my firm. The billing that -- I'm familiar with the billing in Dallas County and what we charge as reasonable. He has incurred $11,039.97. I offer Respondent's 2.
MR. NACE: We would object to that exhibit if that exhibit includes attorney's fees in response to anything pertaining to what we've already nonsuited as of today, Violations 2 through 19.
MS. BENNETT: We would respond that we only learned of the nonsuit here. We were prepared to move forward with Violations 1 through 22. My client was subject to being put in jail today for Violations 2 through 19 and such violations, while he may have nonsuited them to *277 protect his client, did not protect my client. We had to [18] get ready for today. We ask that the Court take into [19] account all $11,039.97. [20] Further we ask that Mrs. Tillotson, because the [21] suit is frivolous, be denied attorney's fees payable by my [22] client. I offer Respondent's 2, the billing statements and [23] the summary of my testimony with regards to the billing. [24] MR. NACE: We'll stand on our objection as to [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 51 relevance. THE COURT: Overruled. Admitted. MS. BENNETT: Pass myself. MR. NACE: Nothing further. MS. BENNETT: Rest. THE COURT: Your proposed order? MR. NACE: I do. May I grab it? THE COURT: Yes, sir.
MR. NACE: One with commitment; one with non-commitment. I couldn't e-file some of the orders because of the nature of the case. It's a sealed file. We would need to strike any findings as to Numbers 2 through 19 based on the prior statement by myself and the order of the court as to the foreign fees.
THE COURT: I think there's one exhibit missing here. The order -- maybe the motion. THE COURT: All right. Based on the *278 evidence, the Court finds the Respondent in violation of [18] this court order, finds that he violated Violation Number 1 [19] and 21. The Court sentences the Respondent in jail for a [20] period of thirty days, fines him $500.00 to be paid in [21] ninety days. The Court will deny attorney's fees. Find [22] the Respondent in civil and criminal contempt. Sheriff, [23] would you take the Respondent in custody. [24] (End of Proceedings). [25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 52 STATE OF TEXAS *
COUNTY OF DALLAS *
I, GLENDA E. FINKLEY, Official Court Reporter in and for the 256th Judicial District Court of Dallas County, State of Texas, do hereby certify that the above and foregoing contains the ruling of said judge, which is a true and correct transcription of all portions of evidence and other proceedings requested by counsel for the parties to be included in this portion of Reporter's Record in the above-styled and -numbered cause, all of which occurred in open court or in chambers and were reported by me.
I further certify that this Reporter's Record of the proceedings truly and correctly reflects the exhibits, if any, offered by the respective parties.
I further certify that the total costs for the preparation of this Reporter's Record is $700.00 and was paid by Ms. Paula Bennett.
*279 WITNESS MY OFFICIAL HAND this the 15th day of [18] December, 2015. [19] _____glenda e. finkley_________ Glenda E. FINKLEY,CSR #3274 Official Court Reporter, 256th Judicial District Court 600 Commerce St, 4th Flr. Ste. 440 Dallas, Texas 75202 Office No. 214-653-6452 Fax No. 214-653-6267 Certification No. 3274 Date of Expiration: 12-31-16 [20] [21] [22] [23] [24] [25]
GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 ,_.., , .. ' :•1· ·- . . - --- .. • , I - •
No. DF-09-18237 2Dts ocr 23 AN 9:28 IN THE256 111 § IN THE INTEREST OF F£l !f' , ~ ... --- OJs·r: . .- ~. ,- ,'a~ § JUDICIAL DISTRJCT COURT 0ALLA'~ 1 g.~~g1s
§
§
DALLAS COUNTY, TEXAS - - - -D: PUTy § CHILDREN
MARY T ILLOTSON'S
JVIOTION FOR ENFORCENIENT OF
PROTECTIVE ORDER
TO THE HONORABLE JUDGE OF SAlD COURT: Respondent and Movant MARY TILLOTSON hereby file:s her Motion for Enforcement of Protective Order, entered April 11, 2014, and who shows in support the following: I. DISCOVERY L EVEL Discovery in this case is intended to be conducted under level 2, T.R.C.P. Rule 190. n.
PARTIES
This Motion for Enforcement of Protective Order is brought by MARY TILLOTSON C'MARY TILLOTSON" or Petitioner in the above-captioned cause numbers, who is the mother of (collectively, Jhereinafter sometimes referred to as the [11] Chl ROWES'' or "'Petiti is Respondent in the pending proceeding. He is also the father o- and
III. *280 CHILDREN The following children, who are under the continuing jurisdiction of the 256 111 Judicial - District Court of Dallas County, Texas, are the subjects of this suirt: and -
IV. MANAGL'NG CONSERVATORSID[P Pursuant to the ORDER IN SUIT AFFECTING PARENT CHILD RELATJONSHIP, entered March 6, 2012, MARY TJLLOTSON and BRYAN ROW:ES were appointed Parent Joint Managing Conservators of the chi ldren.
MARY TI LLOTSON'S
MOTION FOR ENFORCEMENT OF PROTECTIVE ORDER Pg. l
EXHIBIT
I ]?;_ 1 v.
JURISDICTION
This Court has continuing, exclusive jurisdiction of this case as a result of prior proceedings. VI. SERVICE AND NOTICE The party entitled to notice is BRYAN ROWES. BRYAN ROWES may be served with process in this matter in Ql't'l•n.•l'1lant•A Civil Procedure, by serving or at any other place he may him at his place of residence at be found.
VII. ORDERS TO BE ENFORCED MARY TILLOTSON seeks to enforce the PROTECTIVE ORDER that BRYAN ROWES has intentionally, willfully and contemptuously violated subsequent to it being entered. BRYAN ROWES has violated in various respects the PROTECTIVE ORDER, entered April/7, 2014.
A. PROTECTIVE ORDER On in Cause No. DF-09-18237, styled "In the Interest of - and Children, Children," in the 2561h Juua•o;uu .., • .,.,<L ...... Court of , a ~~~~!....!...!:~:!!!:!~ was entered in this Court that stated in relevant part as follows:
*281 "IT IS ORDERED that Respondent, BRYAN ROWES, Is: "Prohibited from communicating directly with MARY TILLOTSON In a threatening or harassing manner. "On a finding of good cause, prohibited from communicating In any manner with MARY TILLOTSON, except through Respondent's attorney or a penon appointed by a Court, except Our Family Wizard related to the children. "Prohibited from going to or near, or within 500 feet or, any location where MARY TILLOTSON Is known by Respondent, BRYAN ROWES, to be and from remaining within 500 feet after Respondent, BRYAN ROWES becomes aware of MARY TILLOTSON's presence.
MARY TILLOTSON'S MOTION FOR ENFORCEMENT OF PROTECTIVE ORDER Pg.2
"Prohibited from going to or near MARY TILLOTSON's addresses or where MARY TILLOTSON normally resides at "Effective Period "This Order shall continue in full force and effect until Aprill0,.2016." "Attorney's Fees The Court finds that BRYAN ROWES should be assessed Five Thousand Dollars and no Cents ($5,000.00) as attorney's fees for the services of Frederick S. Adams, JR. IT'S ORDERED that FREDERICK S. ADAMS, JR. Is awarded judgment of Five Thousand Dollars and No Cents ($5,000.00) for legal services rendered with post judgment interest thereon. The judgment, for which let execution Issue, Is awarded against BRYAN ROWES, which is to be paid $250.00 per month beginning May 1, l014 and each month thereafter until the Judgment and all interest paid ... "(emphasis added)
The above provisions may be found on pages two (2) through three (3) in the PROTECTIVE ORDER. A true and correct copy of the PROTECTIVE ORDER is attached as Exhibit A and incorporated by reference the same as if fully copied and set forth at length. See attached exhibit "A. "
Al. BRYAN ROWES has disobeyed and continues to disobey such order in that he has intentionally, willfully and maliciously violated the PROTECTIVE ORDER. More particularly, BRYAN ROWES has committed separate violations of the order described in the PROTECTIVE ORDER as follows: .
Violation 1. On May 28 2014, at 8:30A.M., BRYAN ROWES violated the PROTECTIVE ORDER. by going within 500 feet of a location where *282 MARY TILLOTSON was known to be by Respondent, BRYAN ROWES, specifically an elevator bank at the court house. There, BRYAN ROWES made eye contact with MARY TILLOTSON, glared at her menacingly and stood next to her. As MARY TILLOTSON retreated, she told him he was in violation of the PROTECTIVE ORDER. BRYAN ROWES smirked and got on the elevator nevertheless, where she was still standing. Following, security saw MARY TILLOTSON visibly shaken and crying and escorted her downstairs to meet her then attorney. Following, BRYAN ROWES deliberately walked past MARY TILLOTSON twice while she was in front of the courtroom glaring at her as he previously had.
MARY TILLOTSON'S MOTION FOR ENFORCEMENT OF PROTECTIVE ORDER Pg. J
Violation 2. On May 1, 2014, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
Violation 3. On June 1, 2014, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
Violation 4. On July 1, 2014, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00
Violation 5. On August 1, 2014 BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
Violation 6. On September 1, 2014 BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
Violation 7. On October 1, 2014, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
Violation 8. On November 1, 2014, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney ofMARY TILLOTSON in the amount of$250.00.
Violation 9. On December 1, 2014, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00. ·
*283 Violation 10. On January 1, 2015, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
Violation 11. On February 1, 201, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
Violation 12. On March 1, 2015, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
MARY TILLOTSON'S
MOTION FOR ENFORCEMENT OF PROTECTIVE ORDER Pg.4
Violation 13. On April 1, 2015, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of$250.00.
Violation 14. On May 1, 2015, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
Violation 15. On June 1, 2015, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
Violation 16. On July 1, 2015, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
Violation 17. On August 1, 2015, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney ofMARY TILLOTSON in the amount of$250.00.
Violation 18. On September 1, 2015, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
Violation 19. On October 1, 2015, BRYAN ROWES violated the PROTECTIVE ORDER by not making the court ordered installment payment to the attorney of MARY TILLOTSON in the amount of $250.00.
Violation 20. On March 5, 2015, BRYAN ROWES violated the PROTECTIVE ORDER, by going to MARY TILLOTSON's place of employment located at Children's Medical Hospital.
*284 Violation 21. On March 28, 2015, BRYAN ROWES violated the PROTECTIVE ORDER. by communicating with MARY TILLOTSON directly when he sent her threatening or harassing correspondence by email stating he went to her place of employment on two separate occasions after the PROTECTIVE ORDER was granted.
Violation 22. On or about September 25, 2015, BRYAN ROWES violated the PROTECTIVE ORDER, by communicating with MARY TILLOTSON directly when he sent her threatening or harassing correspondence to MARY TILLOTSON's residence after the PROTECTIVE ORDER was granted.
MARY TILLOTSON'S
MOTION FOR ENFORCEMENT OF PROTECTIVE ORDER Pg.S
Movant MARY TILLOTSON was the Applicant/Petitioner and BRYAN ROWES was the Respondent in the above-referenced proceeding. Vlll.
REQUESTS
(a) Movant requests that Respondent be held in contempt, jailed, and fined for each of the remaining violations detailed above. (b) Movant believes, based on the conduct of Respondent, that Respondent will continue to fail to complv with the orders set forth above. Movant requests that Respondent be held in contempt, jailed, and fined for each failure to comply with the orders of the Court from the date
. . of this filing to the date of the hearing on this motion. (c) Movant, MARY TILLOTSON, requests that, if the Court finds that any part of the order sought to be enforced is not specific enough to be enforced by contempt, the Court enter a clarifying order more clearly specifying the duties imposed on Respondent and giving Respondent a reasonable time within which to comply.
(d) Movant, MARY TILLOTSON, requests that the Court find that since the last hearing BRYAN ROWES has engaged in an "incident" negating the parties' agreement, and subsequent order of the Court, that BRYAN ROWES's possession of the children be restored pursuant to the prior order dated March 6, 2012.
(e) Movant, MARY TILLOTSON, requests that BRYAN ROWES provide proof of counseling compliance as a condition precedent for all periods of possession to be exercised. IX. ATTORNEY'S FEES AND EXPENSES It was necessary for Movant to secure the services ofNACE & MOTLEY, L.L.P., lawyers *285 duly licensed and practicing in the State of Texas, to preserve, protect and defend Movant's rights and the children. Respondent BRYAN ROWES should be ordered to pay reasonable attorneys' fees, expenses, and costs, and a judgment should be rendered in favor of the attorney and against Respondent; or, in the alternative, reasonable attorneys' fees, expenses, and costs should be taxed as costs and should be ordered paid directly to the undersigned attorney, who may enforce the order in the attorney's own name.
Movant requests postjudgment interest as allowed by law. MARY TILLOTSON'S MOTION FOR ENFORCEMENT OF PROTECTIVE ORDER Pg.6
PRAYER
Movant prays that the Court grant its Motion for Enforcement and, specifically, that Respondent be held in contempt and punished as requested, that a judgment be granted for attorney's fees, and costs or order a bond or security, that the Court clarify any part of its prior order found not specific enough to be enforced by contempt, for attorney's fees, expenses, costs, and interest, and for all further relief authorized by law.
Respectfully submitted, NACE & MOTLEY, L.L.P. 100 Crescent Court 7th Floor Dallas, Texas 75201 Tel: (214) 4598289 Fax: (214) 2424333 By:/s/ Bradford Nace
State Bar No. 24007726 bnace@nacemotley.com Attorney for Movant MARY TILLOTSON
CERTIFICATE OF SERVICE In addition to serving BRYAN ROWES with service of process, the undersigned certifies that the foregoing docwnent will be served on his counsel of record, PAULA BENNETI, in accordance with the Texas Rules of Civil Procedure.
Is/ Bradford Nace *286 MARY TILLOTSON'S MOTION FOR ENFORCEMENT OF PROTECTIVE ORDER Pg. 7 Frmu Colm1e Alldeqctn
TOI nt6536103 4-17-14 8•49aa p. 8 of 19
NO. 09-18237
1N THE INTEREST OF § IN THE DISTRICT COURT § § 256TH JUDICIAL DISTRicr § § § g· DALLAS COUNTY, TEXAS
MINOR CHILDREN PROTECTIJIE ORDER on Aeu1. " • 2014, the Court heard the Application of MARY TILLOTSON for a Protective 01'der. Apoearqnces
Applicant, MARY TIUOTSON, appeared In person and through attorney of record, FRJIDJmlCK S • .ADAMS, JR., and announoed ready. Respondent, BRYAN ROWES, appeared in person and 8Dllounced ready, JurlsdJctlon The Cow1, after eXamining the record and hearing the evidence and argument of counsel, finds that all .necessary prerequisites of the law have been satisfied and that this Court has jurisdiction over the parties and subject matter of this case. *287 Findings
The CoW"t finds that BRYAN ROWES has engaged In conduct violative of Texas Penal Code Sootlon 42.072. The Court finds that the following protective orders are for the safety and welfare and in the best Interest of Applicant and are necessary for the protection of Applicant. "Prokcud Person"
In this 'Order, [11] Proteoted Person" means Applicant J'TDtecJive Order· rngeJ t-17-14 8t49illll p. 9 of 19 Tot 2U65J6103 Fro111 CoDDle Andersou 01vlt1'.r IT 1S ORDBRBD that Respondent, BRYAN ROWE$, is: Prohibited from committing family violence, as defined by section 71.004 of the Texas Family Code. Prohibited from commwticating directly with MARY TILLOTSON in a threatening or harassing manner. Prohibited from comm~icating a threat through any person to MARY TILLOTSON On a finding of good cause, prohibited from communicating In any manner with MARY
TILLOTSON except through Respondent's attomey or a person appointed by the Court, except Our Family Wizard relnted to Ute children.
Prohibited :&om going to or near, or within 500 feet of, any location where MARY TILLOTSON is known by Respondent, BRYAN ROWBS to be and from remaining within 500 feet after Respondent, BRYAN ROWES becomes aware of MARY TILLOTSON presence.
Prohibited from going to or near MARY TILLOTSON's employment addre.<;Ses or where MARY 71LLOTSON normally resides Prohibited from possessing a firearm or ammunition unloss Rcspondcn~ BRYAN *288 ROWES is a peace officer, as defined by section 1.07 of the Texas Penal Code. actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision.
Respondent's license to carry a concealed handgun issued under subchapter H, chapter 41 I, of the Texas Government Code ls suspended. AttomeJ''a Fees
The Court finds that BRYAN ROWES should be assessed Fiv4 Thousand Dollars and No Cents ($5,000.00) as attorneys fees for the services of FREDERICKS. ADAMS, JR. IT IS Protecflvt Order PageJ Frau Coanle laderson
To: 2UG5J~10l t-17-14 8•t9u p. 10 of 19 ORDBR.liD that FRBDBRICK S. ADAMS, JR. is awarded judgment of Five Thousand Dollar: and No Cents ($5,000.00) for legal services rendered with post judgment interest thereon. The judgmont, for wbioh let exeoution issue, is awarded l!&ainst BRYAN'ROWES, which Is to be paid $250.00 per month beginning May 1, 2014 and each month thereafter until the Judgment and all interest is paid in accordance with Bxhl'blt [1] 'A'' hereofwhioh is incorporated herein at 2001 Bryan Street, Sui to 1800, Dallas, Texas 75201. Fees: Cl!auu. qml Expetuu
IT IS ORD.BRRD that BRYAN ROWES shall pay the $16 protective order fee, the standard feo for cost of service of this order, the costs of court, and all other fees, charges, or expenses lnowred in connection with this order. IT IS THilRBPORB ORDERED that Respondent, BRYAN RO'WBS shall pay SWeut Dollars and NoCems($16.00) to the clerk of this Court on or before May 1, 2014 at Dallas County Courtho~ 600 Commerce Street, Dallas, Texas 75202, by cash, cashlerls check, or money order. ReUefNot Granted
IT 18 ORDERED that all relief requested in tho Application for Protective Order but not *289 expressly granted is denied. Ordu Forwnrded
A copy of this order, along with the information provided by Applicant's attomey thtrt is required under section 4ll.042(b)(6) of the Texas Oovemment Code, shall be forwarded by the clerk of this Court to the chief of police of the municipality of Dallas, Texas. Effectlye Ptrlod
This order shall continue in full foroe and e_ffeot until April 10, 2016. PageJ Froau Connie Alldersoo To• 21455~103 4·17-14 8•49am p. 11 of 19 Warnings: . A PERSON WHO V10LATES TillS ORDER MAY BB PUNISHED FOR CONTEMPT OF COURT BY A FINE OP AS MUCH AS $500 OR BY CONFINEMENT IN JAil. FOR AS LONG AS SIX MONTHS, OR B01ll
NO PERSON, INCLUDING A PPASON WHO IS PROTECTED BY THIS ORD~R., MAY GIVB PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF 'IlUS ORDER. DURING THE TIME IN WJDCH THIS ORDER IS VALID, BVBRY
PROVISION OF THIS ORDER IS IN FULL FORCB AND EFFECT UNLESS A COURT
CHANOBS Tim ORDER.
IT IS UNLAWFUL FOR ANY PBRSON, OTHER THAN A PEACE OFFICER, AS
DBFINBD
BY SBCTION 1.07, PENAL CODE, ACTIVBL Y RNGAOED IN BMPLOYMBNT
AS A SWORN, FULL-TIME PAID BMPLOYBB OF A STATE AGENCY OR POLITICAL
SUDDMSION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
FIRBJ\RM
OR AMMUNITION.
A VIOLATION 01-' 'fHJS ORDER BY COMMISSION OF AN ACT PROHIBITED BY Tim ORDER MAY BB PUNISHABLE BY A FINB OF AS MUCH AS $4,000 ORBY CONFINBMBNT IN JAIL FOR AS LONG AS ONB YEAR, OR BOTH. AN ACT THAT *290 RBSULTS IN FAMILY VIOLENCE MAY BB PROSECUTED AS A SEP~TE MISDEMEANOR OR FELONY OFFENSB. IF Tim ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSR, IT IS PUNISHABLE 'BY C<?Nf'INEMBNT IN PRISON FOR AT LEAS'!' TWO YEARS.
IT IS UNLAWFUL FOR ANY PERSON WHO IS SUBJECT TO A PROTECTJVE ORDER TO POSSESS A FIREARM OR AMMUNlTION. POSSESSION OF A FIREARM P~(tt:flt'B Ortler Prrge4
. TOI 2146SJ6103 Fro.aa C011111e Anderson 4-11-14 8149i1111 p. 12 of 19 OR~ON, AS DBFINBD IN 18 U.S.C. § 921, WHILB THIS PROTBCTIVB ORDER IS IN BFPBCT MAY BE A F.ELONYUNDBR. FEDBRAL LAW PNISHABLE BY UP TO TBN YEARS IN PRISON, A $250,000 FINE, OR BOTH.
PURSUANT TO 18 U.S.C. § 925(a)(J), THE RESTRICTIONS ON POSSESSION OF FlRBARM8 OR AMMUNITION FOUND AT 18 U.S.C. § 922(g)(8), AND IMPOSED BY nllS PROTBC'ITVE ORDER, DO NOT APPLY TO PIR.BARMS OR AMMUNITION ISStJED BY niB UNITED STATES OR ANY DEPARTMENT OR AGENCY THBRBOF OR ANY STATB OR ANY DEPARTMENT, AGENCY, OR POLmCAL SUBDMSJON THBRBOF, WHICH RESPONDENT POSSBSSF..S IN CONNE(,"rlON WITH niB DISCHARGE OF OFFICIAL GOVERNMENT DUTIBS. TifB POSSESSION OF PRIV ATBL Y OWNED FIR.BARMS AND AMMUNlTION, HOWRVBR, REMAINS UNLAWFUL AND VIOLATES THE THERMS OF TinS PROTECTIVE ORDER.
IT IS UNLAWFUL FOR ANY PERSON WHO JS SUBJECT TO A PROTBCTIVB ORDER TO KNOWJNOL Y PURCHASE, RENT, LEASE, OR RECEIVB AS A LOAN OR GIFT FROM ANOTHER, A HANDGUN FOR '!liE DURATION OF TIIIS ORDER.
INTBRSTA TB VIOLATION OF TinS PROTECTIVE ORDER MAY SUBJECT RESPONDENT TO FEDERAL CRIMINAL PENALTIES. 'llJlS PROTBCTIVB ORDER IS *291 BNFORCBABLB IN ALL lliFTY STATES, TI-m DISTIUCT OF COJ.,UMBJA, TRIBAL
LANDS, AND U.S. TBRRJTORJES.
SKJNBD on APR 1 7 2014 · JUDGE PRESIDING ·To; 2146536103 Froau Coi!Dle Andmon 4-17·14 8149u p. 13 of 19 Inj'ormtJIIon ubout Respondenlto Aid Law Enforcement Officers: Name: BRYAN WILLIAM ROWES Home address: Homo tel"J)hone number. c_e I l Work address: None Work telephone number: None Date ofblrth: Colorofeyes: 7j R. t)W N Color of hair: B l rrc.. ~ (J ,,
5 [1] o Height: Weight /5'0 Sex: MaJ11. Race: Caucasian PelSOnal Descrlptors: _5 c It ~ Social Security number: • • Driver's license or identificatioo number and ls!Uing state: tiD~
*292 .• Pr~kcllve Ordrr P~rge6 Th e OurFamil yWizard® websitc 1302 2nd St NE Suite 200 Message Report M inncapolis, MN 55413 http J/www.OurFamilyWizard.com Info@OurFarnily Wizard.com Katy Tillotson generated this report on 12110115 at 01:34AM. All times are listed in America/Chicago timez.one. I of 1 Message: Date: 03/28/2015 3:59PM From: Bryan Rowes Katy Tillotson (First View: 03/28/2015 4:23 PM )
To: S ubject: RE:- T herap ist Message:
DcarKaty , I am happy to share all of the information about your family (includingJI . . . Lauren, Joe, and yourseU) that I have shared with anyone employed at Children's, including the stnffat outpatient psych. I. You were present during my first interactions: I had come to see- in the hosp ital. I told you the day before that I would be coming and, as requested, I tcxtcd you when I was on my way.l arrived between 12 and I. You left the hospital room to give and me some private time. When you returned you brought a co-worker with you from the social work department. 1 am not sure Cl<ll:ttly what you had told her, but you clearly had led her to believe th at J had done something inappropriate. We all had a short disa~ssion while- was in the room on " boundary issues". I did feel like it was appropriate to discuss any such issue in dep th wit11 - in the room, so upon the conclusion o f the conversation I requested a card from the social worker to follow-up. She responded that she did not have one, but would give one to you that you could then pass along to me. You both then left the room so tbllt I could finish spend ing time w ith - . When you ret urned you did not bring any of the social workers cards with you. As I left I stopped by the front desk and asked to be in touch with social work department so that I could speak with the social worker that had met with us. She said that I could call the departments phone line and be put in touch with her. I then called the department but no one answered and the phone went stmight to voicemail. The outgoing message said to leave my information and someone would be in touch. It also said that should I have any further concerns I could contact the head of social work and provided a number. ! left a mes sage requesting to s peak with the social worker. I then realized that you probably have access to the voiccmaii account and that I s hould speak directly with the head of the social work department. I rcdialed the social work department line so that I could write down the directors phone number. I then called the head of the department and left a message that I would like to speak with her. A day or so later the head of the department rotumed my call. l exp lained the previous story to her and our background. I told her that I was concerned about what bad been or would be recorded in~ file. I explained that my concerns were based on the fact that *293 as a social worker at the hospital you might have undue influence in any records, you migjlt have access to the records, and you had a history of attempting to document things that were untrue in order to make me look bad. She apologized for the social worker not providing me with her card and stated that it was a violation ofpoliey to have expected you to pass along such information to me. She also said that she would speak with the social worker to insure that an accurate record was kept. She also stated that you would not have access to~ file beyond what other parents have. She concluded the conversation by saying that if! had any further concern s that I should contact her directly. A day or so later the social worker called me and apologized. l bad u very similar conversation with her. 1 followed up with the director after another few days and she assured me that everything had been handled appropriately. 2. When - had been hospitalized I called to get infonnation and speak w ith hls health care providers. They explained that you had not listed me as - father (nor anywhere in the tile) and as a result they would not share any information with me. They told me that I would need to bring proof of parenthood in order to obtain such information. J went to the hospital and provided them with- birth certificate for their fi les and n.:quested copies of his m(:dical records which were sent to me several weeks later. !later requested an updated copy of his medical records. I was agpin told that I was not l.isted as his father. I agpin brought- binh Copyright ©2000-2015 OurFamilyWizard.com, all rights reserved, patented 1 of 2 certificate to the medical records department and had a conversation with JllllliJijp1lCit at the department. I explained that I had already brousJ!t- birth certificate OJICC and expressed my concern that you, as a social worker at the hospital. would bave access to the file and could have ranoved me or-otherwise altered the file. She assured me that such a thing was not possible and apologized for the department's failure to record me as the father. I also stated that there was onJ1Ping litipion and requested that I be provided proof that I had been left off o - file. I had asked you numerous times to have the hospital include me as the father, but you never did. If you bad- I never would have had to have this contact. 3. In cowt the judw= had instructed you to get therapy fo r - The conclusion reached was th a t - could be seen at Children's hospital for he. You informed me that both she an - were put on a waiting list. You shared the names ofthe individuals with whom you had spoken and the number I should call if I wanted to follow-up. After an extended period of time, during which I had made numerous requests for status updates- which you either i~ored or declined, I called the number you had shared with me and spoke with one of the individuals you mentioned. She said that they had no waiting list, and no record or recollection of you ever being in contact with them. Please share any information you have provided to Children's about me. Thank you, Bryan *294 2of2
Copyrfght@200D-2015 OurFamilyWizard.com, all rights reserved, patented lltc OurFamilyW izard®wc bsitc 1302 2nd St N E Suite 200 Message Report Minneapolis, MN 554 13 http ://www.O urFamily Wizard.com lnfo@OurFanti lyWizard.com /(aty Tillotson generated tlris report ou 12/10/15 at 08:53 A1ltL All tim cs are listed iu Am erica/Ciricago tim ezou e. Message: I of I Date: 09/25120 15 11:37 AM From: Katy Tillotson
To: Brynn Rowcs (First View: 09125120 15 II :38 AM) Subject: RE: Judg.;'s Orders/Medical Payments Message:
Carrie is not able to resolve legal issues rcg;trding the Order. On Fri, 09/25/JS at 11:08 ANI, Bryan Rowes wrote: To: Katy Tillotson Subject: RE: Jud1,>c's Ordcrs/M cdicall'ay ments Message: Dear Katy, I have spoken with Carri<;: about the fin:mcialjud&>cment and she has advised for us to not discuss it here or during our sessions with her. If you have concerns regarding the financial judgement, p lc:JSc have your lawyer contact my lawyer. I have mailed you a check for 183.22 to reimburse for the S/13 and 8115 expenditure. When we resolve the issues with the other two expenditures you have posted, I will remit payment for those as well. If you would prefer, we can discuss details with Carrie. Thank you, Bryan On Fl"i, 09/25/15 at 10:38 AM, Katy Till otson wrote: To: Bryan Rowes S ubject: RE: Judge's Ordcrs/M cdicall'nyments Message: I really have more important thing; to do then email you back and ronh all day long. If you don't want to pay the S25 ensure accuracy- fine. M nil me a check. *295 Ajplin,l am directly asking: WHAT IS YOUR PLAN TO REPAY TilE JUDGMENT? I've asked three times now and received no response. Arc you l,'Oing to pay weekly, monthly , lump sum, and if so how much at each t imc? On Fri. 09/25/15 :tl 10: 11 Ai\11, Br·yan Rowcs \\TOle: To: Kary Tillotson Subject : RE: Judge's Orders/M<.-dical Payments Message: Dear Katy, I do recall that exchange, and while you initially made that o!Ter you wit hdrew it say ing: "If you really intend to pay just mail me a check." The messag..: is from 4114. If you would like I can provide a copy . If you would like to handle paymen ts using the OFW system go ing forward. let me know and we can set it up. 1 of 2
Copyright ©2000-2015 OurFamilyWizard.com, all rights reserved, patented Thank you, Bryan On Fri, 09/25/15 at 10:07 AM, Katy Tillotson wrote: To: Bryan Rowes Subject: RE: Judge's Orders/Medical Payments Message: You will recall I paid the fee for our family wizard so that payments could be made through the website and tracked for both our protection. What is your payment plan for the judgement? On Fri, 09/25/15 at 10:01 AM, Bryan Rowes wr!»te: To: Katy Tillotson Subject: RE: Judge's Orders/Medical Payments Message: Dear Katy, Please provide an address for me to mail payments. Thank you, Bryan On Tbu, 09/24/15 at 9:51 PM, Katy Tillotson wrote: To: Bryan Rowes Subject: Judge's Orders/Medical Payments Message: I am concerned that payment has not been remitted for the last medical expenses and also that the impression I have is that you do not have a plan, or perhaps even intent, to pay the $94,000 Judgment Ordered to me for attorney's fees. Please infonn as to whether your intent is to comply with paying the Judgment and if so what your pIan is? If you do not have a plan and/or intend to comply then I want to mak~ sure this is addressed in the Order and/or with Judge Lopez prior to signing the Order. *296 2of2 Copyright ©2000-2015 OurFamilyWizard.com, all rights reserved, patented
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*297 Oeu R~sidertt., f '~ret ro •nform you lhat wu ~two se.x offenders llviD8 Jn Che ntlshbothood. TheW fndNldu.ls haw not offlciilfy betn.chusecf with J crim& because lbaV blvo not been aUSht in the .a bv the aulhoritJes. They do not appear on lnY olftndtr Witch llscs. HOWIYtr, t think It would be lrrespon"ble of me to not shire Ws lnfonntUOn wtth you,; so that ¥0\1 c.n~et aa:on:tlnafv. 8oth lndMdulls 1ft currentty setkJt1& thenPr In an attempt to conllOI themsthltt. Whh this 'NY be succeSstut; It Is ttiese annot bt cuqd, I encourq.e vou to be mpanslble and vtsBant with _,leved thltls$uu • thea fndMdulls: ICaty 11lotson Joe l1lacson
*298 The Ou rFamilyWiz:u-d3il website ~ 1302 2nd St NE Suite200 Message Report Minneapolis, MN 55 413 http://www.OurfamilyWizard.com lnfo@OurFamilyWizard.com Katy Tillotson generated tMs report [011] 09/02115 at 08:06PM. A ll times tire listed in Am erica/Chicago timezone. Message: I of I Date: 03/.3G'2015 6:52PM From: Bryan Rowes
Katy Tillotson (First View: 03/3(}'2015 9:56 PM) To: Subject: - Medical File Message:
Dear Katy, I have been reviewing- medical fil e and I do not sec anything in thcreabout your drinking and smoking while pregnant. Did you share this with the doctors? Thank you, Bryan *299 Copyright 2000-2015 OurFamilyWizard.com, all rights reserved, palented [1] of 1
ThcOurfnmilyWir.lnlli> w({uile lti
1302 2nd Sa NE Suirc200
Message Report Minnc:~polis, MN 55413 lnap://www.OurFamilyWiZOird.conl lnf«1J!OurFamilyWi~rd.com Katy1i((otsoll cell crated this rcpon [011] 09/02115 at 08:10PM. All tim es arc lil1ccl in Amcricn/Cilicago rime:.onc. [1] or [1] i\lcsnge: O:ue: Oll2812015 5:54PM from:
Bry~n Rol\'0' Knay Tillruon (Firs a View: Ol/28/2015 6:02 I'M)
T o:
JU::-
Subj«t: Thcrnpisa :\!l-SS3 1,'C:
Dc1r Kaly, I have shnnxl nil of lhc infmnntioo I sll artxl \Iiiii thcouap:11im1 psy~h office Thnl you inlbrmo:l mc ahna you had put the 1: ids m U•c waialisl for nppoinunolls at Children's. I shared I he necessary infommliou Ro noodc.rllo lo::k 111> n file. I do not ro.:nll cvay dctnil of om convorsalicn as it wa., a wh ile ngo and quil~ brief. Jo:: was catainly n~va mauimul ~~~ helms nothing lo do wilh tllis, In looking foc nny nppoiruma11s, I bdicvc Ho ll.,koo what uaccouuscling wa~ fet". l don« recall spccilically wlma J snid, bml bdicvo it wu.s nlong the.: lini.S ofhnving bw1 coon· u-d<Tocl t11U1lJ>Y 10 address - having bc.:n molcslc.rl by her s1cp-sis1a. Ocyond lhnl l did not discuss rmy custody liti~11ion issues ncr any CCI1CI111S I hnd rlog;trding yu.rr husband ncr yu t. I'IClScshnrcnny infcrmatim you hove prO\·ido..l Childrm's abrut me. Thank yoo , Oryan *300 l~rKaay, l'crhiiJIS 1 \\-.1S not 8pcci tic mough. l s pol:cwith Ro. I <="plaino:llhalmy ~·wife had pul- • the: l\11iling lisa nnd nsk o.l lbr n nrtd• saalus updnlc. She infconod rnc 1hatlh1..y did mx lla1·~ a w·Jiting lis~ Shc:L~kw 1\:r my infconnli!Xl so she could look up ahc kids. I gwc hcT my infu-mnliCII as wdl ns . nn II wns nil basic saulT, name mldri.SS, uc. Shclolu me that shclmd no ru:ocd niX' nny rt:eollo::tion of ~1c kids C\'cr hnving scllruuiCll a nuanp rc.rlloschedulconylhing, ll:'(pl:linw 1h:1t l \\1LS cu tfusul :rs you had iufonnoo me ahc kids wcrc en n wJitlisl. She alPin aoltl me 1h~11hcrc "ns n01hin:;bur saitlrhnt rhcrc wns a chance ahm medical ro.:ocds had some informaaion. My so.:oud corll:tcl 1\ilh mwical n:cads \W.<; whm I \\'!lS auanpaing aose!il'th<rc \\~ nil)' such record ofahc kids being scheduled cr pu1 m n w;sidisl I'IUJS<: l\1 me k now ifruty of this was noc clc:tr mcu~t ami I \\i ll an<:ttptlod•b<K:llc. Also, plc:ISc shm: :111y infonnalion )'OU h3vc providc:l Childrm's aboolmr:. Thank yoo, Urya.n
- - - - - - - 1 or 6 Copyright 2000·2015 OurFamllyWizard.com, all rights reserved , pa tented 011 Sat.IDIWIS.t 4:26PM. Katy Tlllolsal wrote: TCIII Bryan Rowal SabJedz RP Thallplat MeJaaee: You didacuaswe:my qucBCiaL What did you discuss wi1b !him~ CICJWISdiaa? A wbolcpillll:af'wridnaaad aous\\11'. 011 Sat. IBMISat J:SPM, Bryaii"RQ;C5 wi*:··· .... --... ·--····--·-·-------·---··-· TCIC Kaly Tilkllscll Sabjed: RE:~ Thcnpisl Maallp DalrKazy. lam happy co share aD oldie fllf'll"l'llllia:lllbaal )'GilT family (lndudla~ LaunD. Jet. 8Dd yandJ) dlllllllllwsband wilb myaac cmplcpllll Cblldnn'l. laduclillg tho slaft' 111 ou1path111t psych. 1. YCIIWIRpniCIItdurirJslll)' lblt latcracdciiS: lhldCICIIICtos klbcbasplml. ledd you dlcdaybdnlha& IWIIIIdboCXIIIIfaa ad, as nqucsud. I rorai10D wbCP I was CD my way. I anived bclwecn 12 and 1. Youldllfle IICI8pi1aJ ram ID p
and mescme priYale tift. WIICII )'CIII nlllnud )"CCI bra&"" a CC)WIIIUr wid! yaa !ian thcsa:ial work dqlsnmCIIt. IIIII'IIICil smeCIIICdy wbal you bid tdcl bcr, bW )"CCI clcarly had !al her [10] bcllolclhllll bad cfaaciCil1Clblns luapJNC41"*- WoaU had a a~lm wbi~ WBS Ill dlo nxn Cll"bcamdlay lslucs".lclid fed like it was apprqnillfctocllscuss any sudllssuoin dqiCh wi1b-in lhcrcun, SOUJICII the CCIICiusiCII d'lhoCICIIVG'IIIdciD I rcqucslld a card Cran lhesaclll wa'ker to fallow1rp. Sherapclldal dial ahoclid au bavo~ bat 'WIIIIId lPwCIIOtoyoulbal you CIOUld then pass ai0D3f0 me. You balb lhcnld\ lhonm~ ao lbat I CIOUld flllisb lpCIIdiJislimo wid! Wllal you ICimld )"CCI did IICil brlnaiii!Y oflhcsoclal warkaa cards wl1h you. N lid\ lalqlpal by w ficllt ckBk and asked to bo In ta~ch widl social work 4cpariiiiCIII ao Ilia& I CIOUid speak widllhoaoclal wa'ker lhl1 bad Did wWI us. She said dial I CIOUid call thocllpanmCIIta pllaaellnemd boplllin laUCb v.ilb hcr.llluD caUad lhedqlm1mcnt bul noCIIOBDSwav:l ancl tbephCIIOWCIII straipuo voiamail.. TheGIP&I'IICIISI9 said co kavomy illfcrmaticn and SCII'ICDie~ bo in IOUc:b. II also said 11111 shoulcll havoany ftmher CICIIICiriiS I cauld CICIII8d lbobcad of social wa'k end pcovidat a number. lldl a ma~q~:nqucst!Da [10] apeak wllh lbesocial water. I !ben ralizal dill you ptdlably have acc:as to lbc vci=WJ BCC~C~U~~t and lhllllshoutd spadt dirocdy wilb lhe !laid oflhosocial work department. I redlalcd w social wat department lfneaodlallcculd wrbecbvn lhcdln:r;tcn pbaaenumbcr. lllm called lhoiiCIId oflheclcpanmml and ld\ a mma~~g~lbat I would lilcoiO spcslc wl1h bcr. A day a ao lalcr lho held ollhe dqJIIltmalt rdum«< my calL I ecplalacd lllopnvioulatmy 10 ha' 8lld our badtwouad. I fdd ller dl&ll WBS cmccmcd about eat had ba:n Cl' would beraadld Olc.ICIIp!alnal dial mycc:nccms waebaslll CD thelllctlllatas asacllll wa'keratlbo~ you miF& havelllldueilllluii!Celll anyncads, you mJahthaveiCCCIIs coeboreccrds, BDdymllada lrislay of lllfallplills to docwnaulhiDp chill wara Wllnlc in Gnfcr co make me liD bad. Shcapolqpml fa the social water IICil proridiagmewhh her cardllldsiBtOIIIhalll was a vfolaiiCII of poll~ tohave~yaa co pass alCIIgsuch lnformallaa tome. Sboalsosald chalsbe'WIIIIId spcalc wl1h dlosocial worker to insure lllatm c:curatc ftiCIDid.,. kept. Sllcalsoalllled lhat you "WG~Id ad bavoiiQCGs .. s nlc bcrCIId wbal cd!er pan11t1 ~ Sbocancludcd lhocanVtlllllliCII by sll)'lnslhlll ifl bad any ftudlcr canccms that lshould CGIII8Ct her dlra:dy. *301 I fliloMd up wilh lhocllnl:ccraftcr III1CIIhcr few days llld shcassund mclhat ~shad bemhaadlcd apprqlrialdy. 2. WileD~ baD l!atpftalilllll calh:d to JSia(armaliCII and spek wilb his beallh care proridcrs. Tbty oplaiacd dial you bad liCit Ustalme . . lilhcrOJa ~creiD lhoflle) lllldas ara;ultdlqwwld Msbarcany lnfCll1lllllial wldune They IDid med!all\loQ!Id Dad co brinap~W or piV'CIItbood 1n Gnfcr toCiblllin such inronnat~a~. l._ltolhebaspllll end pnMclcdchan wllb. blnb ClCI1illclllcfa lllcir fiJcs illldi'CiqiiGtalocpics ofbis medlcal niiCids which wcreiCIIt tomo IMI8I wales Iaiii'. llallr I'CIJIICBtallft updalal cq,y ofbis malicaii'COCids. lwasllglia tdd dlali'MliiiCillillld as his flllher. I apia broil~ bintt ClCI1ifialletolhomallc:a! ...-cis dqJutmclllt end had a canYCI'IIIIiCII wiiii111111111F11111111 die dqNirlmalt. I aplailud tbllll had llln:ady ~- bU1b catlllcatcCIICOand ClpftUGI my catCCID 111&1 you, as a SGCiol 'Wilda- tlllhe bospiZal. we~:~ld have IIOCCIIS IDthcfllomd CQIId llave rancMd me« Glbcrwlseallcred the file Sboassund medial slid! a ddna was lid pasaiblelllld 11p1i v I rcr lbedcpanmcata • : reoant me as lllo fldh«. I also atlflll dtallh= was 01fioalili&Blil» and nqualld llw I bo)ltO'tidol JIR)Oflball had bcl:n left oa of I bad altai ym nuniCI"CCIIIImcs 10 llovo lhc balpilal Include me as die falhcr, bat you ac:vcr did. If yaa bad- I - WCI:IId have bad co have IIIIa eantac.1.
2ore Copyrlg!rt 2000-2016 ouiFamDyWJzard.com, 811 dghtsi'888Mid, pal8nted 1111 caut lbejuclpbld iDIINCial yguto p lhcnlpy ~ TheCCIIduslcn I'CIIdlcd waa !hal- could bcacrn B1 Cbildtm'a had spokm Blld lbeiiUIIlbcr labcluld call Ill Wllllled to folJow.vp. Alta- an Cll.aldcd period o1• durin a whlch I had nwfo n\IIIIGQIS balplta1 !CI'ftet. YCIIIIIfcnrud melbatbcdlsbcud~taaawaltingUst Ycu slwatlbenamcs oflboindividuals with whanycu nquG1S fCI' IUitUS updatcs-wlllcb ycu cilhcir ipand Cl' da:lillcd, I called lhonumbcr ycu had &band wldl mcand spakowi1h oaoollho individuals )'011 lllllllialal. Shosllid dW lbCf had aowaldngl!sc, Gild nora:ad Cl'ncalla:tian oi'YQIC!Ifll being In COJIIIICI with dum. SabJat: RE:- Tbcnplsc ODSat, CDil&'lS at 3:10 PM, Katy TDJotson 1mltt: To: Bey~~~ RDwa Mcssap: lam nquacmgCIGICdy wbaiiDfamaliaa did )'011 sharo aiKxd ~ Launn. ~ Cl' My or my family INIIIlHn to anyaao cmpJoyaS at OlitdnD'a, inclvdlDs but ocalimilalco sWT at GlqJBiicnt psych. SubJect: RE:- Tbcnpisl OD Tlnl, QJIUIISat 3:18 PM,Br7a11 RGwa wnCe: To: KatyTIIIdsca Malap DllrKaty, Tballk YG1 rarycur rcspmse lam (!lad drinp arelllOVillgfCIIVIIItd. f!alsclcuneknowwlla&ywrC9IJIIlilian to<lllldnn'lls. Yaa are ccrna IIIII CbeCI'Cfcrdocs 111l apa:ifically atalclbll- be saD 8l Childm'l·dllll'l just whallbojudsr:lspa:iraJJy said.~ p1a11e pnMdomewilh pClallial play lhcrapls1s so lball an ensure they are~le R.cpdillglbcab!Jily IOpay, lldd ycu ill a 1115$181:SCS11lll' dlat, dcpcncling upmlheCGI, I antk:ip8lc balls able to atl'ord a priYIIC lllaapisl fCI'- AI rar my CCIIIIIIIIIII!cadcm willa Olildnn's-1 have a ~ coCIIIIII'IIIIIic widllbccbildnn'l ma11ca1 pnwidcn. My COJIYCI1alicns ~ as die¥ hiMalwaya bcm. 8pp1C1pli81oand focused aalhodllldRn.l wi11CICIII!maocoCC1t1111111'1kuwilh Individuals at Chlldm'ulld clsordlae nprd!Ds dlo tlds bcllbb as lsoo fit *302 OD '11111.1D112115at 2:37 PM, Katy TDioCIGD wrote: Tc 8tyBD RIIMS SubJect: RI! • • Tbcnpls& Mt:Aap: U'yaarpgeoCIIIIIIIIIIDic:abautdlis wldl clislarlioas and~ lks Ibm It wlllbopcintlcu. Tbcrols noocmtCI'CkrRqulrin.« -bo~a~~ atCIIfldnlll. hm ldlillsapa,lwill aoupcobaved~enucrn dlcre. Yau'c:alllnathan fCI'any raon Clldycoasdtur.as llarassmmtcimoatmy ~ci-'t. Ycasrc:alllll&diCmaaala CI'ShariDglll)'pcnonal infc:rmalicn about mocrmy hiiSbaad Ia a rial8liaa of' 1D onfcr 111111 I wDIIIIko IICCicD 10 mfCROyaar cmplilllceand ensure dlewdfare41111d- l did spmt wllb CbifdrCD'I- mulliplclimts. D wat my undasllllldlna lb8llhcr wcreansurclbcy bad - co nCIIId$ but wdnl-'cflla In fiDcllaaiCI'IICIIIDO IIIICI wmild pllllck tor= Sillcclhat clme llafcmiCd yw In '-occaslcns dull -a her 1crn ~~ ..-s Cll cdltr~ as well as arapaucfioonlycu rqpvdins YOUR PAYMENT. Yaa -ftllpCIIdcd )'QII' llbility 10~ co pay. AI yw arollnlldy doridlculcusly clcliDqucDt in modical biDs rm sun:lbcc::aart wiD undcnland my-. I'm uc.c yaur bent -IIDd ya1 clcn'IIJI to lhnalcD moaNI yw are bamd by lho PICIII:dvcOnfcr oplnst harassing and slulrilla pascml lllfcralllicD abaut mo« my bus band. llook rCI'olllld to IICBrfng fnm Rb wb8l you ICid lur. Ycu ero a Swtccr. 3ore Ql'lllu, 03112/ISat 11:44 AM,III)'IIn Howes WI'Cite: TcriCalyTIJicCscln hbject: RE:~ Mts~~~F DalrKaty, 1 havelllldcmry dTcn 10 wok with ya~ e11 lillclias a lhcnpbl ~ Al your RllUCSI. r pcovidcd a list or private pradilicmn tbat v.a~ldbopd f'~ Yau bavernadlalat ualagptaylherapy 8lld slllllllhalyau bad somcflldivlduals ya~ wnccnsidaiDa-1 raaadllllld cfdamillowllcdlcr lh')' wnadllqWIICIIIId apptqlrial& tfowl:ycr, )'QIIIMI' shared any Dlll1la. Ym alsoallllll thai ball. lafarnud )'CIU thai I amc:aiCG1Ud about dlcdTa:livalal• Clfplay dlcnpy IIIICI nqvmllld dlonamo Clflhaelndlvicluals solbat I could do~cmt ~m waitllsts to bot«n at Children's. Howcwcr, Mimi spdtetotboicba!uld- tbcau:~a oamcym prollidcd to a. tho kids \WICndCII~ thewaltlist, lhcrewas nowaidist. Furtbcr, shcbadnora:crd a mcmay clschalullnganydllnaf'cli lbavolaakcd ~~~- baspllal ta:ada and llllaoHIInoncud of'yaa bavi113Mr scheduled an)'lhlna. dimnnl qsllaaa f'a cflcrlplltl. i1 sams • thllUIIJ this has prvvc~~INI1ba. Ills imponaDt lbat- be scm. lidos nc:unattcrwbahcrycu are in epmmt with lhecl!ikfrcn pgtoaunsdintpsydliauy Bl Cbfldra'l's. ThcjwfFspdfic:ally slldld dlal-bescm ~Ill.- now bar\ mallhs aincolheeaurtadnldllll-bcln 1«11 by a therapist. Wbilei'MS qiGl coaplaiDg Pkasemakea IIPpcilllmall falay.l wiiiCCIItact Roin 1hemcmingand C.'Oir~m~lhat Ibis has bcxll dena It it has CCI, lbcD I wiD fileaadcrl appears • tbaiF it~~ bencassary toauurebath tbllt)'CIIcamply with thceaan's adcrlllld Chat- wdra..ls eara1 fer. fa cmCI'CiaiiGIL While I tblnlc lltlpial ccruinucs discard bdwcm ua and makes tltiJ9 maredifTICUb [10] wale liDg:lhcr fa lhe kids· it TbaDk yell. Bryan Ql Wed, aJ/11/ISat IO:i9PM, KllcYiiiOcaaa 'Wncr.-·- ~ ·- ............ -· ..... ... .. - ..... ·------- · .......... ·- -- -. ······ · - -
T«BJYIII..,_
Subject: RE : - Thcnpist Messap I am C.'Oifbscd as to M!y ycu called dian as I spa:if"ally tdd )'CIU I Wlltllcd 10 acdc CQIIISCJ!na daCM'hcrc rer titan. Yau ambamd &am jml CllllllldiDalll)' cmploycr sormasumlng)'CII cnusill8this to find 1omeway IVQIIId it. lbal ycu are0111ing lhecliD!c cad baruslaglhcm J9llarty. fm!PDstocl!a:lc mlhernqve~~cy 811d cmtl!lelofymrCCIIIBCIS with Chan llld If in ANY waynWid tomepnaaally I will sue ymr dumb asalllld lllkeycuiO cau1 fa vida1fns tlte l'tcUdiveQdcr. Ld menitcnteso \WareCilYST AI. CLEAR. lAM NOT IN AGREEMENT WITH THE CHII.DREN OOINO TOCOUNSELINQ.I PSYCHIATRY AT CHB.DREN'S. Nataun:llow )'QI wn fatcruiiDa to • l1x" any issuo rqpgdlcu •aina• how yau clo nat have tbo lcpl riFt 10 cfo so. MoviDg Cll. Tho penCilS yau auptallam DCil ill ap:mmt with· du:y clo DCilapa:iaUzeln clllldrcn ncr play lbcrllpy. lv.alld lilceto find ICIIICIOIIOMJocfalla wilh cusledial issues and whomiFt C~VG~Iulllly bowilllngto aeolhekids with you CCIIjcindy co *303 ~ at saue polnl, lnlltSIIiallnglo a lraa nslric:live farm o( vlsltatiCII. Spcalc lng o( thai, havoyculxpl )'CUr lolal&lve psydldlurapy y«l Ym bavo known abcalllbis I'CCOIJIII'ICil fa B long limo so llclpdblly so. U' nat, roaybo )'QI aba&ld lcdc fer a placeapo:llliDIIa Ia custodllll " - \\fin bCilb yau and tlto kids eauld fP rer OCWISdini That WOJid be wry bcncildal. 111111CCIICIIIIalehatyau nnatpagtopay )'Qirlllllfof'ccaanadbl& Plcueld mcknowhowyou inlelld collddrcsa paymcnc.JwiU nat pay ymr bait In advmceas ycu are so bdllnd m malic:al JNIYII!Glll. Win bc8D kdcfna f'cr play lhcrapisls today (if' )'QI areableco pay) and acnd some llllltiCll rer )'0111' qsinicn. Also. Vrtlll cto yau Wllllt 10 do abaut vishalion? Jr yau uo n01 able to pay rm I1Cilawe how tltis Is Fin& 10 work. No, I am natiN(UingiO "1\md"lhts. Plclllseadvlsc• yo any auptlms ycu mlp haY& 4of6 011 Wed, 03111/ISat lo:!O AM, Bryau Rowa WJ'CIIe: Tac Kaay TitklllcA Satljem ~ 'l'llaupfst Masa~~t I just 8l afl'lhc phalowilb RD, wlllm you 1111111imcd in dle111C11118D bcbv. She hu [110] R'ICIOid ot. • She also said chat lb=is DlllrKaty, ao WIIIIIIR Caifd you pta.cpnMde mcwilb nuR iDfcrmaliaa ft8iVdloalhls solhat I may nsdve chis issacand have lhoc:bildrcn aa:a? a.11ua, OZI051sat 5:06PM. Ki~y ~wroce:····-- ... · ·-·····- ··-· ··--· ····-·· ··-····-· ··---·· TGC lkyln Rawa SubJect: RE : - Thcnplst Messa.,: llcncw abaullbcpsydldqJjst be fNfr1 clinic ill OlildnD's lbaii'II8AilJIS IOIIIt(Cntl palalts has CIIC. I just n:qucstod info at his Dr. Appt IS ~ bcm strualinlwiiiiOIIIIInstocams wllh thepcm~~~~a~e7 ot'llls cllsaiR. Anylllllllhcryauual toc:all·usenuin nambcr(214)456·7CDIIII!d nqiiCit MIG you IMII1t.laslcal ftrc:Uipalian psydldogy. lspckewilh Mikab 1111c1 Ro.l!idlcr fldlcm CQIJd bcfp ycaa rm I1U'C. IIIIIIIIIFimalbticm, iD tljii". dlabcls, Is bat ckllo by bc:llh a 1pcdalist, IIDd IOIIIa.llCa& Otlldnn'l wi1h . . . I will ella Clllbeatams ~ psydliaay tpp1, v.flidl is scba:fuloll rcr M I lib widl ~. Hullrcpn. This is fCI' his ADHD maSs IS cdocrinolqjst can CC1111111111icawidl easily ir IMiliWIY· 011 Wed, 0210n5 at 4:16 PM,IIryau Ruwa wrote: Tac Kll)' Tlllatsal SubJect: RE: . . Tllcraplsl Mau&IH DcarKaty, Wbo Is lhcEndcx:rindcJu:y ps~l ~ will boiiiCIIdng7Jicakalat1hewdlsiteand didll'l secBD)'CIIe. When willll'eellle psycllclqp(l Doclllehaveaa appalncmcnl? PIIIISOcdl me any dhcr in(CIIIIIIiCIIIhat lshculd lcnow-luc:ludiDsbawyas CIIDIOIO llllcl Clll abaullhls penCil and~ yas ciCcfed dlat. shaald IIICIS lhan. Also, p1aDc lei me kiiCIW' Yifun you pu1 die kids e~~lhc\Nilt litL And Is dlls dlclllllnbcr yaa called to SCl up tbeappainlmcnt 2144S 6·
S937?
*304 OJ 'he, OZJQ3/15at 12:10 PM, Katy '1111olsmnmlle: Tac Bryaa Rowel Satljlds RE:~ Tbcnpisl Mauae: BclhPn8toCblldnn's111d bclhCII Wllllna list N01swohclw lalsk wflllllkr.lllld N surclhc11111110ol"dlcspccirlc cbnpiat·CIIIy that it wiU boaCIIICICIIOin thdrCUiplticDtpsydlialry • • willacelbel!nclocfalolOQY psydlolqpst coo and bccan choasewhobcthlab Is a bcucr Ill (cr him. Willld you lc- Yifun lhq auiJJl a lhnplal and appcinlmcniS.
Copyright 2001).2015 OUrfamiJfNizard.c:om, all diflts resarwd, patented 5of8 •
O.Tut. 02J03/15at 8:30AM. DryaD 'Rowes wi'IR: To:KelyTII!cUaa SabJ~~IIIIIts11urapb& Meaap Dlllr IC.aly, AlsQ. we bad talked pm~ltus aboutgdnasomcatc r"'. WIUil c1o yc.a cbinlc abc»t siJP!inB bim at Chiklral's? PlcDsolcs mcknawdlesla1Us ~ dJcraplsL 1'bank )'QI. Bryan *305 6of6
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SUMMARY OF "HARASSMENT'' CLAIMS BY KATY TILLOTSON
(In Our Family Wizard Communications b1etween Parties) October 30, 2015 5:08 p.m. Bryan says he does not agree with her 10:23 p.m . RESPONSE from Katy: " .. . Again, please stop harassing me. " Bryan requests a list of health care providers 9:46a.m. 9:51 a.m. RESPONSE from Katy: " ... You are harassing me ... Stop
harassing me . Stop stalking me. " August14,2015 10:02 a.m. Bryan asks for update on children's schoolling (grade level, school
district?) 10:19 a.m. RESPONSE from Katy: " ... every time I provide you with information you use it to harass, embarrass, control or interfere with care for the ch ildren ."
June 16, 2015 5:16p.m Bryan says he left message for Hannah's !House, met with Kristi
Frye, income info, I am following all of the court's orders, as always. 8:22p.m. RESPONSE from Katy: "You continue to harass, disseminate information regardi ng me and my family ... " June 15, 2015 1:28 p.m. Bryan says he has not heard from hannah 's House, should he
contact them *306 2:22p.m. RESPONSE from Katy: : ... 1 am resigning my position . Your behaviors - intended to humiliate, harass and embarrass me - did just that. You win."
April 14, 2015 3:08p.m. Bryan asks how referred to speech therapist. 3:22p.m. RESPONSE from Katy: "Answered . Intent to harass." 11 :29 a.m. Bryan asks about response to outstanding questions 12:24 p.m . RESPONSE from Katy: "I will not respond to questions sent
with the intent to harass or further delay payment" lfii/IJ~ -~ ..... 1 11!1 8 1111! 1 T~IInb ~ K--1 3:06 p.m. Bryan asks questions regarding medical reimbursement requests (urgent care?, Primacare two days in a row?, co-pay $0.00? 3:21 p.m. Response from Katy: "3,4,5 Intent to harass- nothing to do with legitimacy pf payment." March 27, 2015 9:33a.m. Bryan asks why child needs forensic psychologist 3:14p.m. RESPONSE from Katy: " ... I do not intend tp provide their name
sp please don't harass me about that either." 12:04 p.m. Bryan requests response to his question regarding travel with children 2:55p.m. Response from Katy: T refuse to be bullied by you any further .... do not harass me with your controlling behaviors." September 23, 2014 1:25 p.m. Bryan requests information regarding children (school, activities,
etc.) 1:39 p.m. RESPONSE from Katy: You are using the children to harass and stalk me, STOP." September 23, 2014 11:47 a.m. Bryan requesting information on what services children can
attend for Yom Kippur 1:23 p.m. RESPONSE from Katy: " ... Please don not message me again regarding this. It has become harassing and further messages would violate your PO ... "
*307 June 24, 2014 8:52a.m. Bryan requests follow up on a few things (kids schooling, which
teachers, curriculum, back from camp?) 7:32p.m . RESPONSE from Katy: " ... you have used contacting teachers as a way to threaten, harass and embarrass me ... " November 29, 2013 Bryan requests a call from II
7:04p.m.
RESPONSE from Katy: "Stop harassing me .. . " 7:24p.m.
1:hc 0 u rFn milyW iz nrd® webs ite 1302 2nd St NE Suite 200 Message Report Minneapolis, MN 55413 llllp:/lwww.OurFrunilyWizard.com IJ1fo@OurFamily Wizard.com .B1yan R owes gen eraied this repmt on 12/09/1 5 at 04:28 PM. All tim es are listetl in A m erica/Chicago tim ezon e. Message: [1] ofl 10/30/20 15 10:23 PM Date : From: Katy Tillotson
Bryru1 Rowcs (First View: 1 110212015 8:42AM) T o: Su bject: RE:Visits Message:
The kids do not want to go to y ou r home and [1] w ou ld expect you would willingly respect that decision, however, I will not discus~ further w ith you. Agpin, please s top harassing me.
- - - - - On Fri, 10/3 0/1 5 nt 5:08 PM, Br-ya n Rowes wrote: To: KaLy T illotson S u IJj cct: RE: Visits Message: DearKaty, I do not a11ee with the content of your messagt! and I do not agree to changing the location of fu ture visits . Thank you, Bryan
--------- -------- On Fri, 10/30/ t S :n 9:46 AM, Katy Tillotson wrote: T o: Bryan Rowes Subject: Vis its Message: We need to find another location for visits. It is not working for. Both kids were crying within minutes of leaving and - your home .• !llld- have both asked to speak with Nru1cy privately, and. has asked to sp eak with Judge Lopez again . • was at 70 (JtexJ.ed a picture w ith time/date to Nancy, at 8:20pm. They both said they do not Ji.lce how you feed tl1em: subsequently we bave to stop for "dinner" every time we leave a visit. You bave gross ly miscalculated - carbs on every vis it, generally resulting in me being up multip le times overnigJJt to check. *308 Further:. NEEDS T O HAVE CARBS WlTH H IS MEALS. A t least a little, t.:noUg/l l o give a bolus. Low cru·b diets are not healthy for children w ith diabetes. A lso. was horrified tbat yon told him aJl ep i-pen and glucagon shot are "pretty much Lbc sru11C th ing". You need some serious is terrified to be in your care due to your horrific Jack of knowledge. education on diabetes .•
EXHlBlT 1 of 1 Copyrigh t @2000-20 15 OurFamilyWizard.corn, a ll rig hts reserved, patented 'D1 c 0 u rFarn il yW iza rd®we bsit e 1302 2nd St NE Suite 200 Message Report Minneapolis,MN 55413 illtp://www.OurFrunily\Vizard.com J.nfo@OurFamily Wizard. com Btyrm Rowes g en erated tfzis report on12!09!15 at 04:12 Pll1. All tim es are listed in A.m erica/CMcago tim ezone. 1 of I M~ssagc : Date: 08114/2015 10:19 Al\1{ From : Kary Tillotson
Bryan Rowes (F irst View: 08114/20 15 10:22 AM) To: S ubj ect: RE: Kids ' Schools M essage :
[ have.n't discussed schooling because. is terrified y ou are going to interfere with his schoo l, show up there, or embarrass him and force Lllm to leave his new school Like St. Mouica Considering your repeated violations oft he protective order well as injunctions l have n o doubr that y ou will try to do so. As I have discussed repeatedly witb Carrie, we (including Carrie) do not want for. and - to be "tbaJ. family" again. Please clo not do tbjs [10] them. If I have willtbeld information it is because eve!)' time l provide you with il1fonuatio11 you ust: it to harass, hum iliate, cmban~~ •. control, or intetfere with care for the ch ildren. fl is rid iculous that I can't just tell you what is going on, seek your inpu t, etc .. hat ynu simp ly respond w ith attempts lo control M aybc this has changed- so lets try ag;Jin . • is going to be euroUed in 7th and - in 3rd. This is due to- 's late birthday, and socially l s trongly believe she will be better off. Switching schools seems like a good time to do this and l think il is the rigb.t decision, but if you s t:rongly feel othctwise please let me know . ilid his school testing and actually tested for all pre-AP classes in 7th grade. He is so proud of himself, as be should be. I am • work ing on getting a 504 in place for d.iabetcs and will C1\'P lore whether be needs/qufllifies for one for dyslexia/add. Ou Fri:osi]4/i5 at 10:02 AM, B ryan Row~s wrote: To: Katy Tillotson Su bje ct: Kids' Schools M essage: Dear Katy , [1] have not heard <Ulythiug on the kids scllooling. Please let me know what grades you intend to emoU them in and why you made that *309 decis ion. Also, please let mela.lOW if you have completed registration at with RISD. Thank you, Bl)'an 1 of 1 Copyrig ht ©2000-201 5 OurFamilyWizard.com, a ll righ ts reserved, patented
The 0 urFamil yWiza r d® website 1302 2nd St 1\'E Sui te 2 00 Message Report Mioneapolis,MN 55413 http:f/www.OurFami lyWizard.com Jnfo@O urF amily Wizard.corn B1ymz Rowes generated this rep011 on 12109/15 at 04:13PM. All tim es are listed in A m erica/Chicago timezon e. Message: l of l Date: 06/16/20 15 8:22PM From: Katy Tillotson
T o: Bryan Rowes (First View: 06/17/2015 8:0 I AM) S ubjcct: RE: Visitation Message:
Ok well I'm sure Carrie will briogup with you soon. I will contact her to schedule. I am sorry that you do not understand t be importauce of t be court ordered weekly psychotherapy . I will be strongly advocating that it is in. and- 's best interest that even supervised visits rest upon your compliance with this reconunendation :md Ruliogof the Comt. How did you work out payment with- 's therapist? Did you pay in advance or provide a credit card to be billed? Tam very confused by your statement that your income bes not changed. You stated nuder oath twice that you were indigent, so eit her you were pelju ringyourse!f (whicb we have proof or in mul l ipleorher instances) or you are making more mouey or being supported financially in some ot her way. Please inforrn.
all over the Internet, threaten me, interfere wit b. and- You have NOT been comp liant wit h all or eveu most other Orders. You continu e to ha1'as~, disseminate infomJation regp.rdmg mt! an• my family [1] violate the protective order, illegally access our computer i1tformat ion, create online posting> reg;.u-dingus, s pread videos of me,. 's medical care, change their information. i!?TJore and - court ordered p ayments includingattomey's fees and medical expenses, refusnl to remove previous p osting<; regp.rdingmy husband, leaving ou-lioe a horrific webs ite with links to personal infonnation regp.rding rue and my family and so much more. The list goes on and on. Perhaps most telling of yom mental illness and comp lete disrespect for the court and the rights of others- are your most recent actions outside of this family case. You now face sanctions in this case, i11 civil C.OUlt, and have two open and on-go ing eases with the DA- one in family violence and one in computer crimes. Addiliooally, you p robably don't care but lawsuits are imm inent involving your actions and albers you involved corporations and individuals. You have sent multiple cmails regarding yam· "obli~tion" 10 i11f01m Children's ru1d C PS about concerns you have about me, you disseminated information to my neighbors, co-woL'<ers, employer, etc. *310 I would like to kJlow if you have informed McGiadrey, tlte Board of Accounting. your landlord, neighbors and friends aboul your acti.ous, active Protective O rder, etc. Surely it is your moral duty. When will you start pay i:ng your $94 ,000????? Please p repose a p Ian for repay mom. O n Tue, OG/16/lS a t 5:16 PM, Bryan Rowcs \Vt"ote : T o: Katy Tillotson S ubj ect: RE: Visitation Message: Dear Katy, I have left n message with Hannah's llouse and an\ wailing to hear back. TheOAG mus t not have correct information. r will look into it. Thank you for letting me know. I have llad my appointment with Carrie, so it is now yourrum. Please schedule your appointmt:nt. She did not bring up any issues regarding me and psychotherapy . 1 of 3
Copyright ©2000-201 :> OurFarnilyWiza rd.com, all righ ts reserved, patented I met with Kristi F tyc today , so you can f§J ahead and schedule an appointment for- M y income llas not changed. I am following all of the coun's order5, as always. T hank you, Bryan On Mou, 06/15/15 at 10:37 PM, Katy Tillulsou wrote : To: Bryan Rowes Subject: RE: Visitat ion Message: October of what year? According to 1be OAG you are over Sll,OOO in Child Suppoti arrearages so you may want to re-check your math. You do need to understaud t hat U1e issues in the Ruling of I he Court are not being addressed in med iation and are not negotiable. The only issues to be mediated arc our res pective Mot ious for EnfoJ·ccrncnt- whicl1 is great for you because a med iator cannot p ut you in jail for con tempt unli.l(e a J udge. I sec from the other events you arc dealing with that you should be aware oftJJat, :md also that you seem to uol care. Your lack of care is conceming to me, and makes me fear for the safety of myself and my fami ly. ApparenUy I'm not t he only one. I w ant to know that y ou are in psy chotherapy as Ordered, who you are seeing and wben you are beginning, issues being addressed and how progress will be provided to the court. I lm ow Carrie was going to discuss this wlih you. Also, I was going to meet with ber again after she saw you agpin but her assistant has not called. You are still seeing h er, right? Also, your income notification requirements have not clumgL-d. Again: has your income changed and/or are you receiving money from another sourcesucb as anyone in our farnily , or perhap s an inhe1itance? Please provide infonnation. On Mon, 06/15/15 at 5:00 PlVI, Bryan Rowes wror.e: To: Katy T illotson S nbject: RE: Visitat ion Message: De-MKaty, 1 was not aware thai I was supposed to initiate contact w ith Hanab's House. Last t hne they contacted me, but l will go ahead and reach out to them. [1] have a meetiugscl1eduled to meet with Krsti Frye lOIJlOITOW. The child sup port. arrears are being garnished om of my wages and have been for some t ime. They will be complete lmd end in *311 October. [1] will send you infmmaJ.ion on ins urance shortly. l agree with you tlJat any other issues should be addressed dUiiog mediation. Thank you, Bryan On Moo, 06115/is ~t 2:22PM, Kuty Till otso n wrote: To: Bryan Rowes S ubject: RE: Visitation 1.\lessagc: You are supposed to init iate contact. T said I was going to pay for my initial nus sed v isit and the s ubsequent cancellat ion for the missed vis it. 2 of 3 Copyright ©2000-2015 OurFamityWizard.com, all righls reserved, paten ted As you filed enforcement actions regarding the other misses- I think we should let the court/mediator handle those. However, if you want to pay I am more than happy to bring the children for additional visits to make up for any times that the miss was due to me. Additional issues: Have you begun the weekly psychotherapy? Have you met with-s counselor and paid your retainer so t h a t - can get started? When will you be@npayingtheattomey's fees awarded to me by Judge lopez? Or the travel fees awarded to me in the hearing you missed? Or the $5,000 awarded for my Protective Order? Also the child support arrears and medical payments? In both the KTlli hearing and in this current cas~ you filed an affidavit under oath of an inability to pay court costs- however you have now hired anew law finn, you paid Mary Neal, and you sent $5000 towards back medical fees. You are supposed to tell me if your income has ch~. Please inform as somehow you now have more money and you owe me a lot. Also, regarding income, what are your insurance benefits that would be available to . and~ How much would they cost? We are ,~Ping to have to revisit child support, insurance, medical payments, etc. as due to your harassment of me at my place of employment I am resij1pingmy position. Your behaviors- intended to humiliate, harass and embarrass m~ did just that. You win. It bas caused so much extra work for others- even tbou&h security, my boss and co-workers have been really supportiv~ I cannot work there when you blatantly violate the protective order there,contact my co-workers, etc. it is s burden on not only me but others and rn not let myself be subjected to your harassment there anymore. Furthermore, with all tha. and - and our entire family has been throufJt, I am needed at home full time for my family. On Moo, 06115/15 at 1:28 PM, Bryan Rowes wrote: To: Katy Tillotson Subject: VISitation Message: DearKaty, I have not been contacted by Hannah's house about setting up the second visit that you offered. Should I initiate tbat? Will you be paying for an additional session for last weeks cancellation? Will you be paying for additional sessions for previous times that you cancelled? Thank you, Bryan *312 3 of3
Copyright @2000-2015 OurFamilyWizard.com, all rights reserved, patented ll1 c OurFnm il yWi'l.n r d®wcbs itc 1302 2nd St N E Suite 200 Message Report Minneapolis, MN [55413] http://www .Our('amily Wizard.com lnfo@O urF amily Wizard.com Bryan RoiVes g e11erated th is rep011 0 11 12/ 09115 at O.J: J.J PJII. All times are listed in Am ericu!OJicugo tim ezoue. M essage: 1 of I Date: 06/15/2015 2:22PM From: Katy Tillotson
To: BrynnRowes (Firs t View: 06/1512015 4:48PM) R ubj ect: RE: Visitation Message:
You are supposed to initiate contact. I said I was going to pay for my initial missed visit and the subsequent eanccllmion for the missed vis it. As you filed enforcement actions n:.g;uditlg the other misses- I think we should let the coun/mediator handle those. However. if you want to pay I am more than happy to bring the children for additional visits to make up for nuy times tbat the miss was due to me. Additional issues: Have you begWJ the weekly psychotherapy? Have you met with - 's counselor and paid your retainer so that - can get started? When will you begin paying the attorney's fees awarded to 1nc by Judge Lopez? O r the trawl fees awarded to me in the hearing you missed? Or the $5,000 awarded for my Protective Order? A lso the child supp01t arrears and medical paymentS? ln both the KTIH hearing and in this cum:nt case- you file~l an affidavit umler oath of Dn inability to pay court costs- however you have now hired a new Jaw finn, you paid Mary Neal, and you sent $5000 towards back medical fee.~. You are supposed to tell me if your incorne has cbangeti Please inform llS somehow you uow have more money and you owe me a lot. Also, regarding income, what are your insurance benefits that would be available to . and - ? How much would they o ,,t~ \\'~ arc going to have to revisit child support, insurance, medical payments, etc. as due to your hnrJ.Ssment of me at my p lace of cmp loyment I am resigning rny position. Your behaviors- mtcndcd to hwniliatc. harass and embarrass me- did just thm. You win. It has caused so much cxtta"\vork for ot her - even though security, my boss and co-workersu ave been rcnlly sup portive- I cannot work there wlteo you blatantly v iolate the protect ive order therc,contact my co-workers, etc. it iss burden on not only me but other> and I'll not let myself be subjected [10] yow· harassment there any more. furthermore, with all that . and our entire family has and- been througil, 1 am needed at home fuU time for my family. On Ma n , 06/15/lS a t 1 :28 l' M, .Bry:m Rowes wrote: *313 Tu: Katy T illotson S ubjcet: Vis itation Message: Dear Katy, I have not been contacted by Hannah's house about setting up the second visit mat you offered. Should I initiate that? Will you be lJaying for an additional session for last weeks cancellntion? Will you be paying for additional sessions for previous times that you canccUed? Thank you, Bryan 1 of 1
Copyrigh t ©2000-2015 Ou rFamilyWizard.com, a ll rights reserved , patented The Our foam il yWi za rd® websi te 1302 2nd St N E Suite 200 Message Report Minneapolis, M N 55413 http :1/www .OurF amily Wizard. com Tnfo@OurF amily Wizard.com B1yan Rowes gen erated this rep011 on 12109115 at 04:15PM. All times are listed in A m erica/Chicago timezone. 1 of 1 Message: Date: 04/14/2015 3:22PM F rom: Katy T illotson
To: Bryan Rowes (first View: 04/14/2015 3:23PM) Subject: RE~ Expenses Message:
Answered. Intent to harass . On Tue, 04/14115 a t 3:08 PM, Bt-yan Rowes \\TO!t: To: Katy Till.otson Su bject: RE: Exp enses Message: Dear Katy, Sorry, I missed one: Speech: therapists qualifications and ~ow you were referred to her. Thank you, Bry!ln
- - - On To e., 04/14/15 at 12:24 I'M, r<aty Ti ll otson wrote: To: Bryan Rowes Subject: RE: Exp enses M:essage: r do not s~ that there are any questions outstandin& Please rcsend legitimate questions relating to an ellpense. I will respond to any valid questions reg;u-ding the validity of an cxpcns~:. [ will not respond to questions scnl with the int~nt to harll!.s or fimher delay payment. On T u c, 04/14/15 at 11:29 AM, Bryan Rowc s wrote: To: Katy Tillotson S ubjc ct: Expenses *314 Message: Dear Katy, lbavc comp leted payment on all cxpeoses thnl do not h 3\'C outstandmg qucs t•ons. As soon as you respond to them, ! will co mp lete any other payments. Thank you, Bryan 1 of 1
Copyright ©2000-2015 OurFamilyWizard.com, all rig hts reserved, patented ·n,e. 0 urFami1 yWizard® wcbsitc 1302 2nd St NE Suite 200 Message Report M in neapolis, MN 55413 http :/Mww .OurFamily Wizard. com [nfo@OurFamilyWizard.com B1yau Rmves generated this report 01112/09115 at 04:15 PA1. All tim es are listed in A m erica/Chicago tim ezone. Message: 1 of l Date : 04/14/2015 3:21 PM From: Katy Tillotson Bryan Rowcs (First View: 04/1412015 3:22 PM)
To: RE: Expenses S u bj ect: i\fessage:
3, ·1, 5 intent to harass - nothing to do with legitimacy of payment. Separately, I will provide medical update but that has nothiug [10] do with your res ponsibility to pay. o .:;-r~c,-o4tl4/ISat3:o6 PM~Bry:m Rowes ,,1·ote; To: Katy Tillotson Su bj ect: RE: E.xpeases Message: Dear Ka ty, Please find lhc up dated CtTors to the expense log: l. 2/20/1015 Dentist .• and- 's names ru-e handwritten. Please provide a proper receip t. 2. 1/5/15 No Name 3. 12120/14 Did. go LO urgent care in At lru1ta? '1. 12/1 9114 Did. go to Primacare two days in a row? 5. 7/8114 the otlly legible prut of Lllis shows "co-pay $0.00" 6. 4//24/14 No p atient name 7. 2/20/ 14 No patient name 8. 12/4113 No patien t name 9. 1/16/ 14 No receipt gp Lo the emergency room i.n San Antonio I 0. 8131/13 D id. *315 O n Tuc, 04114/15 a t 12:24 PM, Ka ty Ti llotson wrote: To: Bty an Rowes S ubj ect: RE: El.'Penscs Message : [do not see tbaLLbcre are any qu~t ions outstanding, Please rescnd legitimate quest ions rclatinglO an e.xpense. l will respond to any valid questions regarding tbe validity of an expense. [ will uot resp ond to questions sen t with the intent to harass or fmther delay p ayment. O n T u c, 04/14/JS at 11:29 AM, Bryan Rowes ' 'Tole: To: Katy TiUotson Su bj ect·: Expenses Message: 1 of 2
Copyright ©2000-201 5 OurFamilyWizard.com, all rights reserved, patented DearKaty, I have completed payment on all expenses that do not have outstanding questions. As soon as you respond to them, I will complete any other payments. Thank you, Bryan *316 Copyright ©2000-2015 OurFamilyWizard.com, all rights reserved, patented 2of2
Th e O urFamjlyWiz:trd® wehs ite 1302 2nd St NE Suite 200 Message Report M inn cap otis, M N 554 t 3 http :1/www .OurFaroily WJZard.com lufo@OurFamily Wizard.com 81yan Rowes generated this report on 12109115 at 04:17 PA-l All tim es are lister! in Am erica/Chicago tim ezone. Message: 1 of I Date: 03/27/2015 3: 14PM From: Katy Tillotson
To: B1yaii Rowcs (First View: 03/27/20 15 3:15PM) S ubj ect: R£: Counseling Referrals Message:
Most counselors/psyclJOlogistsltherap ists do not want to treat children whose parents rue involved in custody disputes. Doyle was recommended by Dr. Sampson . T would oor have a p sycl1iau·ist do therapy. Sarah was recoom1ended by a psychiat rist that I respccL I do not mtcnd lo provide lhdr name so please don't h~l'llSS me ab11u1 t lrn either. On Fri, 03/27/15 at 9;3'3 Al1'[, Bryan Rowcs wrote: To: Katy Tillotson Subject: RE: Counseling Refen-aJs Message: DearKary, Why docs - need a forensic psychologist? Thank you, Bry M On T hu, 03/26/is at 7 :35PM, Kat'y Tlll oison wrote: To: BryMRowes Su bj ect : Counseling Rcfen-als Message: Dr. Sampson does not do forensic cases. That is aJI oft he in fonnatio•l I have so if you would like more detai ls about that you will need to call her. She did provide one re ferral , and T ohta.incd another referral as well. It is difiicult to find psychologis ts who w ill work with children where t here is active, ougoing litil?flt ion. Therefore, options w ill be limited. *317 I called Dr. A lexandria Doyle and spoke to her a>sista!lt Maria. She stated that she wilt not be able to sp eak with D r. Doyle until Tuesday, aitd that she has a very full caseload, is not generally accepti ng new cases, but will s omet imes make an exception for a forensic case as she is aware fo the need and lim ited availabil it y . If she docs not have MY availability they wiU provide a referral if able. I also left a message with Sarah Bennett. H er bus band is a child psychin1 risr. Sbe is, I believe, open to forensic cases a> w ell. Willie! you know when I hear back. If you have other suggestions 1 all\ open. 1 of1
Copyright ©2000-2015 OurFamilyWizard .com , a ll rights reserved', patentecr The 0 u l"linmil yWiz!lrd® we bsit e 1302 2nd St NE Suite200 Message Report Minneapolis, MN 554 13 blip J/www.OttrFamily WIZard.com lnfo@OurFamily Wizard. com Bryan Rmves generated this report [011] 12109/ 15 at 04:18 PM. All times are listed in Am erica/Chicago tim ezoue. Message: L of I Date : 0312712015 2:55PM From: Katy Tillotson
To: Bryan Rowes (First View: 03/2712015 2:56 PM) Subject: RE: New York Message:
I have no interest in your attempts to demand what we do during our vacation. l refuse to be bullied by you any further with ) ~ur innaopropriare questions. Furthermore, if there are dcruands you wish to convey to my At tomey, then talk toM ary Ne:ll bw hara~s me with your controlling behaviors. On FJi, 03127/15 at 12:04 "PM, Urynn Rowcs-;~otc-; To: Katy Tillotson S ubj e ct: New York Mess age: Dear Katy, You have not resp onded to my p revious message regj:JTdingyour trip to New York. Please either respond with the requested information or infotm me that you are not going. Jfl do not hear from you by 5:00 I will assume you ;u·e disr~rdingthe standing order ngnin and will call the authorities. T hank you, Bryan *318 1 of 1
Copyright ©2000-2015 OurFamilyWizard.com, all rights reserved, patented 'lbc O urlla mi lyWi:r.a•·d® wc bsire 1302 2nd St NE Suite 200 Message Report Minneapolis, MN 55413 ht1 p :1/www .Ourf umily Wizard.corn Info@OurFamily Wizard.com B1JIOTI Rowes gen erated this report on 12/09115 at 04:19 P1l!L All tim es are Usted in A merica/Chicago tim ezon e. Message: I of I Date : 09/23/2014 1:39 PM From: Katy T illotson Bryan Rowes (Firs1 View: 09/23/20 14 2:15PM)
To: Subject: RE: Education Message:
You are us ing the cl! ildrcn<o harass and s talk me. TOP. I will beg,iu sending a brief wecldy stm.JJIHl.J.y once a week. On T ue, 09/23/14 at 1:25PM, B1·y an Rowcs wrnle: To: Katy Tillotson S ubject: RE: Education Mcss:tge: Dear Katy, I am exp licitly allowed access to all of the chiltlren's academic records and instructors . Furthem1ore, you are explicitly req•lired to provide me with auy such inJo nnat ion. Even if you deny me theserigh1s, at U1c very least you could give me a synopsis of what the kids are working on each week, how they are doing, and what their grades an: like. P lease tell me more about the Heard classes. I asswnc you arc doing 1heonce a week homescbool studies for natural scien(:es thlll meet once a week. Please tell me whlll they will be st udy ing and t he s t ructure of ins truction/review. Oo you know anyrbi11gabout their teachers- qualifications or qualjty? What sort of homework will they have? How much? How did you hear about it? Which classes are the kids taking at the Perot? Where is - doing volleyball? What does "club" mean? What docs it mean that. is doing a golf toumamen t se1i es? Are the private lessons for botb kids, or jus- Arc they play ing tennis compet itively or just for ftu1? !Tow often do tl.ley !Y!£ ro play? Just at a local court or somet hing? When did you decided to sw itch to the HP curriculum? How did you decide on that one vs. the others? Bow were you able to procure it? And what do you n1can by using their curriculum? Same texts, leaching materials, and tests? Or just using their outline for instmclion. So that means you arc not us u1g the curricu lum from th at webs ite at all then? You w rote tha- is the only one w ith pri vate math tuto ring for now. Bow and why will tl1at change? What do you rnezm when *319 you write that sbe teaches him in a way that his dyslexic brain needs? What does she do. More sp ecifically, bow does it differ from other fomJS of ins truction. As someone who has taught muth and written math c.urriculum, I am very interested, sop le:JSe p rovide as much detail as possib le. Please send Kristin's con tact infom1ation and resume (is her p hone numbet· 972-239-5522?) 1 see that she has tau£J!t in RISD, does she s till leach there? You had mentioned that. neerls to "catch up" on mat h. Please tell me what you rueanl by that and what you are doing to address it? You mentioned t hat they have language arts only twiro a week. How oftc1r do they have math and other su bjects? Please s,eud me a weekly and daily schedule p lease- it doesn't need 10 be exact or any thing, jus t someU1ing 10 give me an idea. Again, please send me a resume and contact in.fom1at ion for Jennifer Sullivan. Is she s till teaching? You wrote that they arc reading eonstantly ... Is there any structuJe 10 whntthcy 1\l'e reading, or do t hey choose? Is auy tJJ uog being done regardingreadingcomp rchension'll feel like. cou ld bcr1efit a great deal from a better focus on that. Wlreredo you get y otu· spelling lists that you usc? What does it mean that you do math facts daily? How do you do them? llow long? Also, w hat does it mean t hllt you are working on writing'/ How arc you workii1g on it? By geography you are worki1ng on havu1g the kids memorize the po l it ical labels for gcogrnp !ric locations?
Copyright ©2000-2015 OurFamilyWizard.com, all rights reserved, patented 1 of 2 You have not started history nor social studies yeJ.? Wbat will they be reading? Where will you be traveling? Thank you, Bryan on .Tue;o9123ii4 ·at t:i3 AM:katy 'i'itiotsori wrote: To: Bryan Rowes Subject: RE: Education Message: I have told you this twice now so this is the last time. I will not be providing the log-in information for the children's academic website. If you want to see what it looks like and the work included- then pay for a subscription yourself. However, due to the g;oss violations of our privacy, including your ille811 hacking and theft of personal and private information and the fact that the children's accounts have links to our private information- we simply cannot provide their log-ins. They have started their classes at the Perot- and I've them.. actually had only three people in his class the first day, leading to there hours ofhi[!Jily individualized and intensive instruction.-loved class- there were about 10 children. They are also taking a once a week science class at the Heard Wildlife museum. It includes the same class of kids all semester (and likely year), has weekly homework, and they are learning a lot. The combination of the two museums teaching science is great. - i s doing Club Volleyball (3xlweek) and A vi is doing a g:>lf tournament series for 8 weeks. Private lessons will start this week. They are both playing tennis regularly as well and lessons for tennis will start this week or next. We have decided to follow the curriculum for HP ISO TAG program-it is great. is meeting with Pat twice per week to continue his dyslexia work, they both have lanfg.lllge arts twice a week with Jennifer Sullivan, and as of now • • is the only one with private math tutoring- with Kristen Lesher. She is able to teach him in the way that his dyslexic brain needs and he loves it. They are reading constantly, we have weekly spelling lists, math facts daily, writing daily (struct ured and unstructured), working on geog;aphy (g:>al by end of year for all children to know at least every state, capital, continent and ocean. We are ready to dive into history and social studies through reading. museums, and travel. They are thriving. · On Moii, 09Jil!t4 ~:t'1!;48~ Bi-y~-Ro~-;~te:··--· -·--·· · ·· -·- ·- ~ · -------·- - ---··----------- ·- ·-~ · ·-... To: Katy Tillotson Subject: Education Message: DearKaty, Please provide the log-in information for the kids academic website. Please also update me on how thing; are 8)ing with their education. Have they started any of their classes? Wbat did you decide on from our emails? *320 Thank you, Bryan 2of2
Copyright ©2000-2015 OurFamilyWizard.com, all rights reserved , patented Tit e 0 urFami ly \Vi za rd® webs ite 1302 2nd St NE Suite 200 Message Repo1·t Minneapolis, MN 55413 http://www .OurFamilyWizard .com Jnfo@Ourfl amily Wizard. com Bry a11 Rowes generated this report on 11109/ L'i at 04:20 P1\Jl. A ll tim es ore listed in /lm e,·ica/ CIIicugo tim ezo11e. Message: I of I O:m : 09t13J2014 1:23PM From: Katy Tillotson
To: Bryan Rowcs (First View: 0')t23120 14 I :25 PM) s u bjcct: rill: Services Messa ge:
l wiU be a- golf tournattJent so if you arc there you would be violating the PTotective Order. Furthermore, your comments about <:Xp(lllSes including me being court ordered to pay auy of yours aro flat om wrong and demonstrate there can be no deviation from the court order. You arc welcome to share your reHgion in whatever wuy you choose during your time at FLP. These message exchanges furtl1cr confmn what the psychologist recommended. Your visits need to be supervised while you undergo imensive psychothcmpy. r tun going to follow the Court Order. Please do not message me again regardmg tlus. h has become llara.~smcnt .111d furt her messa9'!5 wou ld vrolate your PO to rru. ho!J'U;·~ rnc. On Tuc, 09/l3i14 at l l:47.AM, llryau Rowes wrote : To: Katy Tillotson Subject : RE: Services :\lcssngc: Dc:ll' Kuty, Rod works for the Fort Worth policedcpartmcut. 817-733-4738. I will contact nry lawyer, but only because we are very short on time. Add itionally, 1 have never intent ionally created additional attorney expenses for you. In fact, I have done everything I can to minimize the C>.'J>enses incurred by everyone involved. You have intentionally created DL1llY additional attorney expenses for me and even when ordered by the court have not reimbW'Sed them. There is no rnomingserviceon the 24th. The service is 9pm- l 0:30pm [u rccogp.izing the holiday, we arcrcquil'ed rlOt to work. Aro you saying that you will not allow them to pr::tclice this aspect oft be holiday ? Isn't - math class taught one-on-one by n tutor? Cnn'l Ural be rescheduled? *321 For the 25th can you please be more sp ecific than ''later services'' when refening to services you tmmot n.llowing the children to attend? There arc services at 12:30-2:45 and 4:30 • 5:30. Are you say ing hoth? Unfortunately, my parents will not be in town in time for- 's volleyball gpme, their night ~ts in later. I doubt we will be abJe to attend the golftoumnment br:cnusc it is Yom Kipp ur, but please send me details. Are you saying that you will not allow the kids to attend services at these times either? Please be specific in the services you will allow tbe kids to attend. Here is a list: Scp. 24 9pm-1 0:30pru Sep. 25 I Orun- I I :30am Scp. 25 I2;30-2:45pm Sep. 25 4:30pm-5:30pm
Copyrigh t © 2000-2015 OurFamilyWizard.corn , all rights reserved, patented 1 of 2 Oct. 3 9pm-10:30pm Oct. 4 9:45am-I 1:30am Oct. 4 I :00-2:30pm Oct. 4 3:30-5:00 Oct. 4 5:45-Spm Lastly, I can understand why I need to cancel Wednesdays visit, but I do not understand why I need to cancel Sunday's and next weeks. Please explain why this is necessary. As soon as I have confirmation that I have satisfied all of your stipulations and that this is ~ing to happen I will cancel Wednesday's visit. Thank You, Bryan On Tue, 09123114 at 1:41AM, Katy Tillotson wrote: To: Bryan Rowes Subject: RE: Sa-vices Message: I will need Rod's actual contact information (including what police department he works for) not just that I can reach him through Jessica. Re:attorney letter. Yes, it is an additional expense. You have intentionally created many additional attorney expenses for me and even when ordered by the oourt have not reimbursed them. Yes, I will require a letter from your attorney. Every service they attend will make up for one of my caneelledlmissed visits (ag;Un, by me, not caneelled by FLP or by the kids themselves). The morning of the 24th service would be fme. The morning of the 25th would be fine as well, but later services would cause them to miss science class as well a s . math class. The 3rd and 4th should be fme other than-has a voUeyball game at 2:30, which your parents might like to attend. They might also like to attend. ~If tournament that Sunday. Also, I need you to, by tomorrow, cancel Wednesday and Sunday visits this week and next. on-M;~. o9iiiii4 -at.tE46 AM, 8i-;an'ii0Wii5 M-ote:·. ···- To: Katy Tillotson S ubjeet: Services Message: DearKaty, If you could please let me know if there are any services you will definitely not be allowing the kids to attend? I need to get tickets and some things are nearly full. Thank you, Bryan
*322 Copyright @2000-2015 OurFamilyWizard.com, all rights reserved, patented 2 of2 1l1e 0 urFamil yW izard® webs ite 1302 2nd St N E Suite 200 Message Report Minneapolis, MN 55413 http ://wv..'\'1. OurFarnily Wizard. com lufo@OurFamily Wizard.com Bryan Rowes generated this rep011 on ll/09115 at 04:22 PM. All tim es are listetl in Ame1ica/Chicago tim ezone. M essage: l of [1] Date: 06/2412014 7:32 PM From: Katy Tillotson Bryau Rowes (First View: 06/24120 14 7:36PM)
To: S ubj ed·: RE: M isc Thing> Message :
On June J 4th I sent you nn email asking for your input on teachers, their costs, as well as helpingput together some reading lists, curriculum, etc. ln the 10 days since l have received no response (other thau your ioitial "former Grccul.till, Hockaday or St M ru·k's re2Chers"). If y ou would like to provide your input before 1 ma.l{e auy final decisions you have beeu invited to. I do not n1tend to provide you s~ecifies on the teachers 1 ru111ookiug into now as historically you have used contactmg teac- 1ers · way to threaten, han15; and emharra~s me- which is a lArge reason I am being forced to remove. and- now from a schoollhnt they love. However, please provide SPECIFIC recommendations ruJd I will certainly explore. If your recommendations are verj expensive, let me know whether you or your parents are p repared to contribute to tbecost. Contacting me about mediation is in direct violation of my protective order- only communicate as it direct ly relates to specific issues with the children. Relli!rdingyour parents: if they plan to be in Dallas let me know the days ru1d weean try to arrange some time for them to ;spend together. On Tuc, 06/24/l..f at 8:5 2 AM, Bryan Rowes wrote : To: Kaly Tillotson S ubject: Mise Thing; Message: Dear Katy , r wruJtcd to follow-up [00] a few thing; .. -When would it be a good time for the kids to visit my parents- they wou ld lijke to ~t tickets? -Do you have any more information about the kids schooling?! am most inc crested in which teachers you arc planning on getting. Or what you have doue to procure teachers and establ ish a cm:riculum. -When will. be getting backl from camp? -Your lawy er inquired at the bearing the other day about mediation. Is this sometbing th at you would be interested in? If s.o, what *323 sorts of thing:; do you have in mind. Thru1k you, Bryan 1 of 1 Copyright ©2000-2015 OurFamilyWizard.com, all rights reserved, patented
'Ot e 0 urFnmil y\oV izard® website 1302 2nd St NE Suite 200 .Message Report Minneapolis, M N 554 13 Ju rp://www.OurFamilyWizard.com lnfo@O urFamilyWizard.com Bryan Rowes generated this report on 12/09/15 at 04:23 PAIL All tim es are listed in AmcricaiOJicago tim ec.one. Message: I of I Dare: 11/29/2013 7:24PM Prom: Katy Tillotson
To: Bryan Rowes (first View: 11/29/20 13 725 PM) Stop harass ing me. 1- has access to some secret p l1onc and was tt!:l(l:ing you from itth.;m 1 guess you should respond to th~t
Subject:: RE:. Message:
nwnber- Leave me alone and cease using the chlldreu as an excuse to continue to harass me. 67." Fri, 11/29/13 at 7:04PM, Brya n Rowcs wrote: Subj ect: R.E:. To: Katy Tillotson Mess:~gc: DcarKaty. 1 meant to say that was 6:15 PM. Thank you, Bryan On F1;, ll n.9/ lJ at 6:49PM, l<aty Tillotson wrot~: To: Bryan Rowes S ubj ect: RE:. Mess:tge: That is not possible. You did not receive a texl fro~ he h.as not even bad access to a phone today. On Fri, 11/29/13 at 6~W-PM, Bryan Rowes wrote: To: Kary T illotson Subj ect:. Message: Dear Kaly , I just received a text message fl·om • . Please have him call me. Thank you, *324 Bryan 1 of 1
Copyright ©2000-2015 OurFamilyWizard.com, all rights reserved, patented
NO. DF-09-18237
- .and-. § IN THE INTEREST OF IN THE DISTRICT COURT
§ § 256TH JUDICIAL DISTRICT § § DALLAS COUNTY, TEXAS
CHILDREN ORSINGER. NELSON. DOWNING & ANDERSON. L.L.P.: (November 24 through December 7, 2015) TOTAL FEES, EXPENSES & COSTS ••....••••....•..•....•..•..........••.•........•.•••.. $3,014.97
ESTIMATED FEES FOR PREPARING AND ATTENDING HEARING
(December 8 through December 10, 2015) PARALEGAL -15.00 hours@$175/hr .......... .......... .... ...... ..... .......... ...... $2,625.00 ATTORNEY -15.00 hours@$325/hr ..................... .......... ....... ............... $4,875.00 ATTORNEY -1.00 hours@$525/hr .......... ................................................ ........ . $525.00 TOTAL PROJECTED FEES ....................................................................... $8,025.00
TOTAL FEES, EXPENSES & COSTS (November 24, 2015 through December 10, 2015) $11,039.97 *325 ORSINGER, NELSON, DOWNING & ANDERSON, L.L.P.
5950 Sher ry Lane
Eighth Floor Dallas, TX 75225 December 7, 2015
Mr. Bryan Rowes
PERSONAL AND CONFIDENTIAL
File No. 15310-3-PAB Invoice#: 0
Professional Services Hours Amount JS34 11/24/-2015 1.25 0.00 175.00 11/24115 JS New client file set up; Conference with Paula 0.00 0.00
Bennett; Draft Answer to Enforcement; Revise Answer; Review fi le and documents. (1.25 hrs worked- no charge)
PAS 11/25/2015 3.50 3.50 325.00 f,137.50 11/25115 PAB Interoffice conference \ Draft 3.50 1,137.50
Business Records Affidavit: Email correspondenct
• _..., _VJ •• ,.. ., ....... - __ .., _ __ n .. .. ~ [1] ; Draft Special Exceptions and Motion to Strike; Motion to Dismiss for Lack of Standing and Original Answer.
JS34 11/25/2015 0.50 0.50 75.00 37.50 0.50 37.50 11/25/ 15 JS Secretarial - Receipt and review correspondenc
*326 Conference with Paula Bennett; Review file and draft pleadings. ~ 1/30/2015 0.75 0.75 325.00 243.75 PAS Jl/30/15 PAB Interoffice conference with Joanie with 0.75 243.75
instructions; Receipt and review email correspondence from Client; Email correspondence to and from opposing counsel; Copy of correspondence to Client.
1.00 Q.SQ 11 130/20~5 0.50 37.50 11130/15 JS Secretarial - Conference with Paula Bennett; Page 2 Invoice# 0 15310
Review and revise Answer; Attempt to efile Answer; Correspondence to opposing counsel with Answer; Conference with runner regarding filing Answer in sealed case; Receipt and review file-stamped copy of Answer. (1.0 hrs worked - .50 hrs no charge)
_ __ _ ___,;;,975.00 12/02/2015 3.00 3.00 325.00 975.00 12/02/I 5 PAB Telephone conference witJ1 Client; Telephone 3.00 conference with opposing counsel; Email conference with opposing counsel; COpy of correspondence to Client; Email conference with Client (multiple); Emai l correspondence to opposing counsel; Copy of corresoondence to Client; Office conference --~~- __
[nteroffice conference with Joanje with instructions; Attempt to call --- JS34 12/02/2015 1.50 0.50 175.00 87.50 12/02115 JS Conference with Paula Bennett; Research issues 0.50 87.50
for hearing; Begin preparation for hearing; Conference with attorneys regarding legal issues. (1.5 hrs worked- 1.0 hrs no charge) -----
JS34 12/04/2015 0.75 0.75 75.00 56.25 I 2/04/15 JS Secretarial - Receipt and review correspondence 0.75 56.25
to and from Client (multiple); Telephone conference , _ ·; Draft subpoena . --------·--_.- ___________ _
Conference with Paula Bennett.
PAB 12/07/2015 0.75 0.75 325.00 ~~------~~~--------------------~~----~~------
PAB
12/07/ 15 Receipt and review email con·espondence from 0.75 243.75 Client (multiple); Email correspondence t JS34 12/07/2015 1.50 1.50 75.00 112.50 -~-- 12/07/15 JS Secretarial - Begin preparation from hearing; 1.50 112.50
*327 Review file and documents; Review and scan to file documents received from Client
· · · · Correspondence to and from Client. 11.75 2,931.25 For professional services rendered Additional Charg-~..e_s_: --------=;;;-=;-;;----:--~-----.-~--~......_-~--------, COPY 12/07/2015 63.75
12/07/15 Photocopy Expenses $19.97 COUR 12/07./2015 Page 3 15310 Invoice # 0 19.97 12/07115 Courier/Delivery Expenses
Total costs ~3 .72- Total- This Invoice S:1,014.97 Trust Applied $3,014.97 Trust Balance $1,985.03 New Balance $0.00
Balance Due within 10 days of statement date JS34 6.50 3.75 50.96 331.25 ·p>AB 8.00 325.0Q 2,@0(!).0@ 8.00
14.50 11.75 2 931.25 *328 Timekeeper: All Timekeepers lnqui.,Y: Fees - Unbilled Details Ctlent: 15310- Rowes, Bryan- Enforc.
. . Matter. 0003- Rowes Bryan- Enforc . User: MN Timekeep Matter Date Hours Rate Amount 1 3 11/24/2015 JS34 0.00 175.00 0.00 2 3 11/25/2015 JS34 0.50 75.00 37.50 3 11/25/2015 PAB 3 3.50 325.00 11137,50 3 11/30/201f PAB 243.75 4 0.75 325.00 3 11/30/201 E JS34 5 0.50 75.00 37.50 3 12/02/201 f JS34 0.50 6 175.00 87.50 3 12/02/201E PAB 975.00 7 3.00 325.00 8 3 12/04/201 E JS34 0.75 75.00 56.25 9 3 12/07/201 5 JS34 1.50 75.00 112.50 10 3 12107/201f PAB 0.75 325.00 243.75 11 3 1~/08/201! PAB 2.25 325.00 731.25 12 3 12108/201f JOA 0.50 525.00 262.50 1"3 3 12108/201!: JS34 2.50 175.00 437.50
*329 Page: 1 Timekeeper: All Timekeepers lnquir}t: Fees - Unbilled Details Client: 15310- Rowes, Bryan- Enforc.
User· MN Matter: 0003 - Rowes 1rvan- n ore. B E ~ Narrative 1 New client file set up; Conference with Paula Bennett; Draft Answer to Enforcement; Revise Answer; Review file and documents. (1.25 hrs worked - nc Conference with Paula Bennett; Review file and draft pleadings. 2 Secretarial - Receipt and review correspondenc 1; Draft Business Records Affidavit; Email correspondence .; Draft 3 Interoffice conference - i Interoffice conference with Jeanie with instructions; Receipt and review email corre~nnntiPnl"~ frnrn Client; Email correspondence to and from opposin< 4 .. ___ ............... _.,Correspondence to opposing counsel with Answer; 5 Secretarial - Conference with Paula Bennett; Review and revise Answer, 6 Conference with Paula Bennett; Research issues for hearing; Begin preparation for hearing; Conference with attorneys regarding legal issues. (1.5 hrs 7 Telephone conference with Client; Telephone conference with opposing counsel; Email conference with oooosing counsel; COpy of correspondence tc 8 Secretarial- Receipt and review correspondence to and from Client {multiple); Telephone conference·· Draft subpoena 9 Secretarial - Begin preparation from hearing; Review file and documents; Review and scan to file documents received from Client 10 Receipt and review email corresoondence from Client (multiple); Email correspondence 11 Telephone conference . . .. -· Email correspondence to Client; Receipt and review records · ': Email conference · . 12 Office conference with Paula Bennett. 13 Receipt and review correspondence from Client • . R.eview and save to file all attachments from Client (multiple); Prepare
*330 Page:2
NOTES
[14] the hospital, correct?
[15] A. Correct.
[16] Q. Now --
[17]
[19] BY MS. BENNETT:
[20] Q. Just one question, did you bring a fee
[21] statement today detailing your individual charges?
[22] A. No, I did not.
[23] MS. BENNETT: Pass the witness, Your Honor.
[24] THE COURT: Back to you, Mr. Nace.
[25] GLENDA E. FINKLEY, CSR 3274 OFFICIAL COURT REPORTER-256TH JUDICIAL DISTRICT COURT 214-653-6452 38 MR. NACE: How much time do I have, Judge? THE COURT: About three minutes. MR. NACE: I'll call Bryan Rowes by transcript. MS. BENNETT: Your Honor, we would object. He invoked his Fifth Amendment Right. MR. NACE: He testified previously, sworn testimony, before this court. MS. BENNETT: The only testimony that's applicable is testimony after entry of the protective order. Anything that goes behind the protective order goes behind the date that the protective order was applicable and it should be kept out. He hasn't testified. So there's nothing in there to testify that's an inconsistent statement, which is the way that can be brought in. MR. NACE: Actually, Judge, his former testimony is absolutely admissible and it shows the state On Sn t, OJillVI S n
[1] S:J9 l'i\1 , Ka 1y Tillotson wrote: To: llryan Howes Subjr«: RE- Th=pis t Mcssnj!C: Yoo stnto..l prC\'ioosly ahal yo.• h:ul sharol infmnation yoo da:mcd "rcJSamblc". Whal did you discuss r~rding what you bdicv~ ncnlcd couusdin:; fa. whcthcr i1 w:IS court u-dao..l. any cuslodyllilignion issues :L~ wdl :LS ro•ccrns )'<lt have ~rrding my husband and I. On Sua, OJ/2lVIS u I 4:36 1'1\1, Jlryu ;;J~~wes wrote: To: Knay Tillooon Sulljcct: IUl:- s ThiT:tp isa 1\lcssu~:c: