Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 11/12/2015 8:00:29 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00891-CV Filed: 10/19/2015 12:27:24 AM FIRST COURT OF APPEALS JOHN D. KINARD - District Clerk HOUSTON, TEXAS Galveston County, Texas 11/11/2015 7:11:29 AM Envelope No. 7424023 CHRISTOPHER PRINE By: Linda Packard CLERK 10/19/2015 10:10:13 AM CAUSE NO. 15FD2165
ROXANNE KENNEDY § IN THE FAMILY COURT OF
§
Applicant , §
V . § GALVESTON COUNTY, TEXAS
§
CHRISTOPHER KYLE KENNEDY §
§ Respondent. § COUNTY COURT AT LAW NO. 1 NOTICE OF APPEAL
Respondent Christopher Kyle Kennedy files this Notice of Appeal pursuant to Tex. R.
App. P. 25.1(c) and 26.1(a).
1. The County Court at Law No. 1. (Family Court) of Galveston County, Texas,
entered a Final Protective Order and Judgment in favor of Applicant Roxanne Kennedy
and against Respondent Christopher Kyle Kennedy. The Order and Judgment was signed
September 16, 2015, and approved by the presiding judge on September 17, 2015.
2. No timely post-judgment motion was filed. However, a request for findings of fact
and conclusions of law was timely filed on September 25, 2015.
3. From the Final Protective Order and Judgment signed September 16, 2015, and
approved by the presiding judge on September 17, 2015, and from all other related
adverse rulings entered against him in Cause No. 15FD2165, Respondent Christopher
Kyle Kennedy desires to appeal to the First or Fourteenth Court of Appeals, sitting in
Houston, based on the designation by the Galveston County District Clerk or County
Clerk.
4. This appeal is from a final judgment and therefore this is NOT an accelerated
appeal.
5. An unofficial copy of the Final Protective Order and Judgment signed September
16, 2015, and approved by the presiding judge on September 17, 2015, is attached.
Respectfully Submitted, M ILLS S HIRLEY L.L.P.
By: /s/ George W. Vie III George W. Vie III State Bar No. 20579310 gvie@millsshirley.com 2228 Mechanic Street, Suite 400 Galveston, Texas 77550 (713) 571-4232
Fax (713) 893-6095 Attorneys for Respondent Christopher Kyle Kennedy Certificate of Service A true and correct copy of this filing has been e-served on counsel of record for
Applicant on October 19, 2015.
/s/ George W. Vie III George W. Vie III - 2 -
Appendix Tab 1 *4 .. \~ 1 . ;:j 'i. J 15-FD-2165 .·!>. . iP - - •: DCPROGF p·--~~- • ,;,. > j Protective. Order. Granted. - Fl.nal ::- Q.~~ ~~ ,. ~· ,• i iiilllllllllllllllllllllll Ill~: £". •·:, . ., ... ;,;-.· ,,v-- . ....... . \;~d.:,".t~ ,..,,, .. I/ 11 v;1:<Zn·=-' ~ ~
CAUSE N0.15FD2165 r.:. '.\ {/)'·_y- IN THE FAMILY c0Jt~itt_;_:::_1.·'f~~~ i w-:: ~ § d) GALVESTON COUNT~~_t~S ·. :' § ·--(- .. '.~ -~ ~ COUNTY COURT AT L~W t · l ~ § :>< _ J ?. . Ln .. . J.
Applicant, RO peared in person and through attorney of record,
Kindel Nicole Jenkins of e sis Center of Galveston County, and announced
ready.
Jurisdiction a
The Court, after examining the record and hearin gume~! counsel,
finds that all necessary prerequisites of the law have that ~ourt has
jurisdiction over the parties and subject matter of this case. Findings
The Court finds that:
• Applicant and Respondent have a dating relationshi 71.0021 of the Texas Family Code.
• Applicant and Respondent are members of the same house Respondent are intimate partners as defined by Title
Section 92l(a)(32).
• Applicant and Respondent are members of the same family as defined in section 71.003 of the Texas Family Code. Applicant and Respondent are currently married~ As
' Final Protective Order *5 ·cant and Respondent are intimate partners as defined by Title 18 of the United , Section 921 ( a)(32).
Applicarit is the biological mother of KYLE THOMAS KENNEDY and BEKAH VERANN KENNEDY and Respondent is the biological father of KYLE THOMAS KE D and REBEKAH VERANN KENNEDY. After the filing of this
Applic~tion, div ce and suit affecting the parent child relationship was filed in the
306th Ju · ial istrict Court of Galveston County, Texas. As such, Applicant and
ate partners as defined by Title 18 of the United States Code, 4. Orders
1. Prohibited from commi
Texas Family Code. Prohibited from communicating
'Applicant's family or household including K
VERANN KENNEDY, in a threatening or harassin Prohibited from communicating a threat t
member of Applicant's family or household includin
REBEKAH VERANN KENNEDY.
S. Prohibited from engaging in conduct directed specific
any member of Applicant's family or household including KYLE THO
REBEKAH VERANN KENNEDY, that is reasonably likely to harass,
torment, or embarrass Applicant or any member of Applicant's family or ho
following Applicant or any member of Applicant's family or household.
I~ Final Protective Order *6 ,,
J~
9. Prohibi ·ng R
the child care facilities, or s
KENNEDY normally atten .
from going to, near, or wi ·
High School located at 13
Episcopal School located at
specifically require Respondent to m ·
therefrom. P~ohibitires ondent yo
·.
DYfad E VE~~ DY, Ap cant.
fl. . ~ll.ibi~ Respongent froi;;.._r..e
KENNEDY -:fud Rg.BEKAH -~ ~D Prohibited from possessing a firearm or
officer, as defined by section 1.07 of the Texas Penal Code, ctive y enga
sworn, full-time paid employee of a state agency or political su Prohibited from removing a pet, animal comp , or ce
.defined by Section 121.002 of the Human Resources Code from the p s s r s · n f Ap
any member of Applicant's family or household.
IT IS ORDERED that the license to carry a concealed hand ISsued o w
Respondent, CHRISTOPHER KYLE KENNEDY, under subchapter H, 411,
Texas Government Code is suspended.
IT IS ORDERED that Respondent, CHRISTOPHER KYLE KENNED omplete a
battering intervention and prevention program accredited under article 42.141 of the Texas Code
of Criminal Procedure and that meets the guidelines adopted by the community justice assistance
Final Protective Order Page3 of8 *7 division of the as Department of Criminal Justice at 209 W. 14th Street, Suite #400, Austin,
Texas 7870 , (51 305-9300.
FURTHER ORDERED that Respondent file with the Court, before the sixtieth day a r date this order is rendered, an affid,avit stating either that Respondent has started the
o am or that the pr is not available within a reasonable distance of Respondent's
r si ence. IT IS ~U ORDERED that, if Respondent files an affidavit that Respondent
ed the pr , espondent shall file with the Court before the date this protective order
tate ent th espondent completed the program not later than the earlier of the tive order expires or the thirtieth day before the first anniversary of the date this protec · e o · · [1] ued and (2) a letter, notice, or certificate from the program that
verifies Respo ent' completi n of the program. If Respondent fails to provide the affidavit ·
and, if requi d e stateme d verification of completion of the program, as ordered,
Respondent may be punish fo contempt of court, as provided by section 21. 002 of the Texas
Government Code, by $500, by confinement in jail for a term not to exceed
six months, or by bo . Attorney's Fees
KYLE KENNEDY, should be attorney's fees for the services of ·na .......... i.....-D that the Resource & Crisis dollars ~~:>--=-=~=---- The amount collected under this Jud
Crisis Center of Galveston County, Inc., P.O. Bo
ORDERED that said attorney fees shall be p ·a
· KENNEDY, on or before on the \ lQ day of-'-=-.:.....:.~r--7"-r~-=---'r---1:------ by cashier's
·check or money order made payable to: THE RE SIS C~TER OF
GALVESTON COUNTY, INC., P.O. BOX 1545, G S 7755V . Fees, Charges, and Expenses
IT IS ORDERED that Respondent, CHRISTOPHER K
standard fee for cost of service of this order, the costs of court, all
expenses incurred in connection with this order. ~ IT IS THEREFORE ORDERED that Respondent, CHRJSTOP YLE :-5
shall pay all costs incurred in the amount otib( ~ h1Jlld.,t,od ..f7V ~ o s .!o£....!--,4--' IT IS ORDERED· that said costs shall be paid by Respondent, CHRJ R KENNEDY, on or before on the \lQ day of N ~thJu,, 8{) 1)
check or money order made payable to: GALVESTON COUNTY DISTRICT
59th STREET, SUITE 4001, GALVESTON, TEXAS 77551.
·NOTICE TO RESPONDENT: A PARTY WHO IS ORDERED TO PAY FEES
AND COSTS AND WHO DOES NOT PAY BEFORE THE DATE SPECIFIED BY THE
ORDER MAY BE PUNISHED FOR CONTE.MPT OF COURT AS PROVIDED BY
Final Protective Order ' *8 j · ; I . , '
SECTION 21. GOVERNMENT CODE. (A FINE OF NOT MORE THAN $500 OR
CONFINE N IN THE COUNTY JAIL FOR NOT MORE THAN SIX MONTHS, OR
BOTH C l\ FINE AND CONFINEMENT IN JAIL).
D at all relief requested in the Application for Protective Order but not ed.
8. Effective Period
This order shall contin e [1]
Respondent, CHRISTOPHER
expiration date, the Order shall continue ·
date Respondent, CHRIS_TOPHER
imprisorunent, pursuant section 85.025( of the T as
Warnings:
IN WHICH_ THIS ORDE~ IS VAUD, EVERY PROVISION OF THIS ORDER IS IN FULL
UNLESS A COURT CHANGES THE ORDER.
IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS DEFIN SECTION
l.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMJ>LOYEE
OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO
POSSESS A FIREARM OR AMMUNI.TION.
Final Protective Order *9 4'"' -;- ' . ,
N OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHA E B A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL. FOR AS LONG AS
, 0 BOTH. AN ACT THAT RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEP SDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY
EN , IT IS PUNISHABLE Y CONFINEMENT IN PRJSON FOR AT LEAST TWO YEARS.
N, OR RECEIPT OF A FIREARM OR AMMUNITION WHILE THIS ORDER A ELONY UNDER FEDERAL LAW PUNISHABLE BY IMPRISONMENT APPROVED AS TO FORM ONLY:
RESOURCE & CRISIS CENTER OF
GALVESTON COUNTY
P.O. Box 1545
Galveston, Texas 77553
Tel: (409) 763-1441ext.1512
Fax: (409) 762-0189
ikuecker@rccgc.org
~ State Bar No. 24083250
Attorney for Respondent State Bar No.~ S\ 1q Attorney for Applicant
Final Protective Order *10 •,
Final Protective Order