Preview
322-558426-14 FILED
TARRANT COUNTY
3/27/2015 11:19:34 AM
THOMAS A. WILDER
DISTRICT CLERK
CAUSE NO. 322-558426-14
IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF §
§
ALYSON WOLFLE §
AND § TARRANT COUNTY, TEXAS
ROBERT LOWELL WOLFLE, JR. §
§
AND IN THE INTEREST OF §
RLW, III, §
JLW, AND §
EMW § 322ND JUDICIAL DISTRICT
FIRST AMENDED PETITION FOR DIVORCE
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES ALYSON SWIENTON WOLFLE, Petitioner in the above-styled and
numbered cause, who makes and files this her First Amended Petition for Divorce and in support
thereof respectfully shows the Court the following:
1. Discovery Level
Discovery in this case is intended to be conducted under level 3 of Rule 190 of the Texas
Rules of Civil Procedure.
2. Objection to Assignment of Case to Associate Judge
Petitioner objects to the assignment of this matter to an associate judge for a trial on the
merits or presiding at a jury trial.
3. Parties
This suit is brought by ALYSON SWIENTON WOLFLE as Petitioner. The last three
numbers of Petitioner’s driver’s license number are 709. The last three numbers of Petitioner’s
Social Security number are 064.
ROBERT LOWELL WOLFLE, JR. is Respondent.
4. Domicile
Petitioner has been a domiciliary of Texas for the preceding six-month period and a
resident of this county for the preceding ninety-day period.
Original Petition for Divorce Page 1
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5. Service
Respondent has appeared and answered herein. Process should be served on Respondent
by forwarding a copy of this pleading to Respondent’s attorney of record, David L. Hoffmann,
Quillling, Selander, Lownds, Winslett & Moser, P.C. 2001 Bryan Street, Suite 1800, Dallas,
Texas 75201, in accordance with the Texas Rules of Civil Procedure.
6. Protective Order Statement
No protective order under title 4 of the Texas Family Code is in effect, and no application
for a protective order is pending with regard to the parties to this suit.
7. Dates of Marriage and Separation
The parties were married on or about May 1, 2004 and ceased to live together as husband
and wife on or about June 9, 2014.
8. Grounds for Divorce
The marriage has become insupportable because of discord or conflict of personalities
between Petitioner and Respondent that destroys the legitimate ends of the marriage relationship
and prevents any reasonable expectation of reconciliation.
Respondent has committed adultery.
Respondent has engaged in cruel treatment.
9. Children of the Marriage
Petitioner and Respondent are parents of the following children of this marriage who are
not under the continuing jurisdiction of any other court:
Name: RLW, III
Sex: Male
Birth date: September 11, 2008
Name: JLW
Sex: Female
Birth date: September 4, 2009
Name: EMW
Sex: Male
Birth date: November 28, 2012
Original Petition for Divorce Page 2
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There are no court-ordered conservatorships, court-ordered guardianships, or other
court-ordered relationships affecting the children the subject of this suit.
Petitioner believes that Petitioner and Respondent will enter into a final written
agreement containing provisions for conservatorship of, possession of, access to, and support of
the children. If such an agreement is made, Petitioner requests that the Court approve that
agreement and adopt it as the Court’s order. If such an agreement is not made, Petitioner requests
the Court to make orders for conservatorship of, possession of, access to, and support of the
children.
Petitioner and Respondent, on final hearing, should be appointed joint managing
conservators, with all the rights and duties of a parent conservator.
Petitioner should be designated as the conservator who has the exclusive right to
designate the primary residence of the children. Respondent should be ordered to make
payments for the support of the children and to provide medical child support in the manner
specified by the Court. Petitioner requests that the payments for the support of the children
survive the death of Respondent and become the obligations of Respondent’s estate.
Petitioner requests the Court to order reasonable periods of electronic communication
between the children and Petitioner to supplement Petitioner’s periods of possession of the
children.
The requested orders are in the best interest of the children.
10. Division of Community Property
Petitioner hopes Petitioner and Respondent will enter into an agreement for the division
of their estate. If such an agreement is made, Petitioner requests the Court to approve the
agreement and divide their estate in a manner consistent with the agreement. If such an
agreement is not made, Petitioner requests the Court to divide their estate in a manner that the
Court deems just and right, as provided by law.
Petitioner should be awarded a disproportionate share of the parties’ estate for the
following reasons, including but not limited to:
a. fault in the breakup of the marriage;
b. breach of fiduciary duty;
c. concealing assets;
d. cruel treatment;
e. benefits the innocent spouse may have derived from the continuation of
the marriage;
Original Petition for Divorce Page 3
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f. disparity of earning power of the spouses and their ability to support
themselves;
g. the spouse to whom conservatorship of the children is granted;
h. education and future employability of the spouses;
i. earning power, business opportunities, capacities, and abilities of the
spouses;
j. wasting of community assets by Respondent;
k. gifts by Respondent during the marriage;
l. gifts by Petitioner’s parents to Respondent and to the parties’ children that
allowed Respondent to use or spend community funds that otherwise
would have been spent to pay for education and future education the
parties’ children;
m. reimbursement;
n. actual fraud committed by a spouse; and
o. constructive fraud committed by a spouse.
Respondent has committed fraud on the community estate. Petitioner requests that the
Court reconstitute the community estate to its full value prior to Respondent’s depletion of the
community estate by his fraudulent acts and divide the reconstituted community estate in a
manner that the Court deems just and right, including awarding Petitioner an appropriate share of
the community estate, as is more specifically pleaded in Paragraph 20, infra.
11. Separate Property
Petitioner owns certain separate property that is not part of the community estate of the
parties, and Petitioner requests the Court to confirm that separate property as Petitioner’s
separate property and estate.
12. Reimbursement
Petitioner requests the Court to reimburse Petitioner’s separate estate for funds or assets
expended by Petitioner’s separate estate for the benefit of the community estate. Those
expenditures resulted in a direct benefit to the community estate. Petitioner’s separate estate has
not been adequately compensated for or benefited from the expenditure of those funds or assets,
and a failure by the Court to allow reimbursement to Petitioner’s separate estate will result in an
unjust enrichment of the community estate at the expense of Petitioner’s separate estate.
Original Petition for Divorce Page 4
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Petitioner requests the Court to reimburse Petitioner’s separate estate for funds or assets
expended by Petitioner’s separate estate for payment of unsecured liabilities of Respondent’s
separate estate. Those expenditures resulted in a direct benefit to Respondent’s separate estate.
Petitioner’s separate estate has not been adequately compensated for or benefited from the
expenditure of those funds or assets, and a failure by the Court to allow reimbursement to
Petitioner’s separate estate will result in an unjust enrichment of Respondent’s separate estate at
the expense of Petitioner’s separate estate.
Petitioner’s separate estate has expended funds or assets to make capital improvements
on property claimed by Respondent as separate property, giving rise to a claim for
reimbursement in favor of Petitioner’s separate estate and against Respondent’s separate estate.
Those expenditures resulted in a direct benefit to Respondent’s separate estate. Petitioner’s
separate estate has not been adequately compensated for or benefited from the expenditure of
those funds or assets, and a failure by the Court to allow reimbursement to Petitioner’s separate
estate will result in an unjust enrichment of Respondent’s separate estate at the expense of
Petitioner’s separate estate.
The community estate is or was obligated on debts incurred during the marriage for the
acquisition of, or capital improvements to, property and secured by liens on community property.
Petitioner’s separate estate has expended funds or assets for payment of those debts. Those
expenditures have resulted in the reduction of the principal of those debts, giving rise to a claim
for reimbursement in favor of Petitioner’s separate estate and against the community estate.
Those expenditures resulted in a direct benefit to the community estate. Petitioner’s separate
estate has not been adequately compensated for or benefited from the expenditure of those funds
or assets, and a failure by the Court to allow reimbursement to Petitioner’s separate estate will
result in an unjust enrichment of the community estate at the expense of Petitioner’s separate
estate.
13. Postdivorce Maintenance
Petitioner requests the Court to order that Petitioner be paid post-divorce maintenance for
a reasonable period in accordance with chapter 8 of the Texas Family Code.
14. Request for Temporary Restraining Order
Petitioner requests the Court to dispense with the issuance of a bond, and Petitioner
requests that Respondent be temporarily restrained immediately, without hearing, and after
notice and hearing be temporarily enjoined, pending the further order of this Court, from:
a. Communicating with Petitioner in person, by telephone, text, email or in writing
in vulgar, profane, obscene, or indecent language or in a coarse or offensive
manner.
b. Threatening Petitioner in person, by telephone, text, email or in writing to take
unlawful action against any person.
Original Petition for Divorce Page 5
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c. Placing one or more telephone calls, anonymously, at any unreasonable hour, in
an offensive and repetitious manner, or without a legitimate purpose of
communication.
d. Causing bodily injury to Petitioner or to a child of either party.
e. Threatening Petitioner or a child of either party with imminent bodily injury.
f. Destroying, removing, concealing, encumbering, transferring, or otherwise
harming or reducing the value of the property of one or both of the parties.
g. Falsifying any writing or record relating to the property of either party.
h. Misrepresenting or refusing to disclose to Petitioner or to the Court, on proper
request, the existence, amount, or location of any property of one or both of the
parties.
i. Damaging or destroying the tangible property of one or both of the parties,
including any document that represents or embodies anything of value.
j. Tampering with the tangible property of one or both of the parties, including any
document that represents or embodies anything of value, and causing pecuniary
loss to Petitioner.
k. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner
alienating any of the property of Petitioner or Respondent, whether personalty or
realty, and whether separate or community, except as specifically authorized by
order of this Court.
l. Incurring any indebtedness, other than legal expenses in connection with this suit,
except as specifically authorized by order of this Court.
m. Making withdrawals from any checking or savings account in any financial
institution for any purpose, except as specifically authorized by order of this
Court.
n. Spending any sum of cash in Respondent’s possession or subject to Respondent’s
control for any purpose, except as specifically authorized by order of this Court.
o. Withdrawing or borrowing in any manner for any purpose from any retirement,
profit-sharing, pension, death, or other employee benefit plan or employee
savings plan or from any individual retirement account or Keogh account, except
as specifically authorized by order of this Court.
p. Entering any safe-deposit box in the name of or subject to the control of Petitioner
or Respondent, whether individually or jointly with others.
Original Petition for Divorce Page 6
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q. Withdrawing or borrowing in any manner all or any part of the cash surrender
value of life insurance policies on the life of Petitioner or Respondent, except as
specifically authorized by order of this Court.
r. Changing or in any manner altering the beneficiary designation on any life
insurance on the life of Petitioner or Respondent or the parties’ children.
s. Canceling, altering, failing to renew or pay premiums, or in any manner affecting
the present level of coverage of any life, casualty, automobile, or health insurance
policies insuring the parties’ property or persons including the parties’ children.
t. Opening or diverting mail addressed to Petitioner.
u. Signing or endorsing Petitioner’s name on any negotiable instrument, check, or
draft, such as tax refunds, insurance payments, and dividends, or attempting to
negotiate any negotiable instrument payable to Petitioner without the personal
signature of Petitioner.
v. Taking any action to terminate or limit credit or charge cards in the name of
Petitioner.
w. Discontinuing or reducing the withholding for federal income taxes on
Respondent’s wages or salary while this case is pending.
x. Destroying, disposing of, or altering any financial records of the parties, including
but not limited to records from financial institutions (including canceled checks
and deposit slips), all records of credit purchases or cash advances, tax returns,
and financial statements.
y. Destroying, disposing of, or altering any e-mail or other electronic data relevant to
the subject matters of this case, whether stored on a hard drive or on a diskette or
other electronic storage device.
z. Terminating or in any manner affecting the service of water, electricity, gas,
telephone, cable television, or other contractual services, such as security, pest
control, landscaping, or yard maintenance, at 1401 Mayfair Place, Southlake,
Texas 76092 or in any manner attempting to withdraw any deposits for service in
connection with those services.
aa. Excluding Petitioner from the use and enjoyment of the residence located at 1401
Mayfair Place, Southlake, Texas 76092.
bb. Entering, operating, or exercising control over the 2008 Mercedes R350 in the
possession of Petitioner.
Original Petition for Divorce Page 7
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cc. Disturbing the peace of the children or of another party.
dd. Withdrawing the children from enrollment in the school or day-care facility where
the children are presently enrolled.
ee. Hiding or secreting the children from Petitioner.
ff. Making disparaging remarks regarding Petitioner or Petitioner’s family in the
presence or within the hearing of the children.
gg. Permitting an unrelated adult with whom Respondent has an intimate or dating
relationship to remain in the presence with the children.
Petitioner requests that Respondent be authorized only as follows:
To make expenditures and incur indebtedness for reasonable and necessary living
expenses for food, clothing, shelter, transportation, and medical care.
To make expenditures and incur indebtedness for reasonable attorney’s fees and expenses
in connection with this suit.
To make withdrawals from accounts in financial institutions only for the purposes
authorized by the Court’s order.
To engage in acts reasonable and necessary to conduct Respondent’s usual business and
occupation.
15. Request for Temporary Orders and Injunction
Petitioner requests the Court, after notice and hearing, to dispense with the issuance of a
bond, to make temporary orders and issue any appropriate temporary injunctions for the
preservation of the property and protection of the parties and for the safety and welfare of the
children of the marriage as deemed necessary and equitable. Petitioner requests that the Court
enjoin Respondent from the following:
a. Communicating with Petitioner in person, by telephone, text, email or in writing
in vulgar, profane, obscene, or indecent language or in a coarse or offensive
manner.
b. Threatening Petitioner in person, by telephone, text, email or in writing to take
unlawful action against any person.
c. Placing one or more telephone calls, anonymously, at any unreasonable hour, in
an offensive and repetitious manner, or without a legitimate purpose of
communication.
Original Petition for Divorce Page 8
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d. Causing bodily injury to Petitioner or to a child of either party.
e. Threatening Petitioner or a child of either party with imminent bodily injury.
f. Destroying, removing, concealing, encumbering, transferring, or otherwise
harming or reducing the value of the property of one or both of the parties.
g. Falsifying any writing or record relating to the property of either party.
h. Misrepresenting or refusing to disclose to Petitioner or to the Court, on proper
request, the existence, amount, or location of any property of one or both of the
parties.
i. Damaging or destroying the tangible property of one or both of the parties,
including any document that represents or embodies anything of value.
j. Tampering with the tangible property of one or both of the parties, including any
document that represents or embodies anything of value, and causing pecuniary
loss to Petitioner.
k. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner
alienating any of the property of Petitioner or Respondent, whether personalty or
realty, and whether separate or community, except as specifically authorized by
order of this Court.
l. Incurring any indebtedness, other than legal expenses in connection with this suit,
except as specifically authorized by order of this Court.
m. Making withdrawals from any checking or savings account in any financial
institution for any purpose, except as specifically authorized by order of this
Court.
n. Spending any sum of cash in Respondent’s possession or subject to Respondent’s
control for any purpose, except as specifically authorized by order of this Court.
o. Withdrawing or borrowing in any manner for any purpose from any retirement,
profit-sharing, pension, death, or other employee benefit plan or employee
savings plan or from any individual retirement account or Keogh account, except
as specifically authorized by order of this Court.
p. Entering any safe-deposit box in the name of or subject to the control of Petitioner
or Respondent, whether individually or jointly with others.
q. Withdrawing or borrowing in any manner all or any part of the cash surrender
value of life insurance policies on the life of Petitioner or Respondent, except as
specifically authorized by order of this Court.
Original Petition for Divorce Page 9
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r. Changing or in any manner altering the beneficiary designation on any life
insurance on the life of Petitioner or Respondent or the parties’ children.
s. Canceling, altering, failing to renew or pay premiums, or in any manner affecting
the present level of coverage of any life, casualty, automobile, or health insurance
policies insuring the parties’ property or persons including the parties’ children.
t. Opening or diverting mail addressed to Petitioner.
u. Signing or endorsing Petitioner’s name on any negotiable instrument, check, or
draft, such as tax refunds, insurance payments, and dividends, or attempting to
negotiate any negotiable instrument payable to Petitioner without the personal
signature of Petitioner.
v. Taking any action to terminate or limit credit or charge cards in the name of
Petitioner.
w. Discontinuing or reducing the withholding for federal income taxes on
Respondent’s wages or salary while this case is pending.
x. Destroying, disposing of, or altering any financial records of the parties, including
but not limited to records from financial institutions (including canceled checks
and deposit slips), all records of credit purchases or cash advances, tax returns,
and financial statements.
y. Destroying, disposing of, or altering any e-mail or other electronic data relevant to
the subject matters of this case, whether stored on a hard drive or on a diskette or
other electronic storage device.
z. Terminating or in any manner affecting the service of water, electricity, gas,
telephone, cable television, or other contractual services, such as security, pest
control, landscaping, or yard maintenance, at 1401 Mayfair Place, Southlake,
Texas 76092 or in any manner attempting to withdraw any deposits for service in
connection with those services.
aa. Excluding Petitioner from the use and enjoyment of the residence located at 1401
Mayfair Place, Southlake, Texas 76092.
bb. Entering, operating, or exercising control over the 2008 Mercedes R350 in the
possession of Petitioner.
cc. Disturbing the peace of the children or of another party.
dd. Withdrawing the children from enrollment in the school or day-care facility where
the children are presently enrolled.
Original Petition for Divorce Page 10
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ee. Hiding or secreting the children from Petitioner.
ff. Making disparaging remarks regarding Petitioner or Petitioner’s family in the
presence or within the hearing of the children.
gg. Permitting an unrelated adult with whom Respondent has an intimate or dating
relationship to remain in the presence with the children.
16. Request for Temporary Orders Concerning Use of Property
Petitioner requests the Court, after notice and hearing, for the preservation of the property
and protection of the parties, to make temporary orders and issue any appropriate temporary
injunctions respecting the temporary use of the parties’ property as deemed necessary and
equitable, including but not limited to the following:
Awarding Petitioner the exclusive use and possession of the residence located at 1401
Mayfair Place, Southlake, Texas 76092, as well as the furniture, furnishings, and other personal
property at that residence, while this case is pending, and enjoining Respondent from entering or
remaining on the premises of the residence and exercising possession or control of any of this
personal property, except as authorized by order of this Court.
Awarding Petitioner exclusive use and control of the 2008 Mercedes R350 motor vehicle
and enjoining Respondent from entering, operating, or exercising control over it.
17. Request for Temporary Orders Regarding Children
Petitioner requests the Court, after notice and hearing, to dispense with the necessity of a
bond and to make temporary orders and issue any appropriate temporary injunctions for the
safety and welfare of the children of the marriage as deemed necessary and equitable, including
but not limited to the following:
Appointing Petitioner and Respondent temporary joint managing conservators, and
designating Petitioner as the conservator who has the exclusive right to designate the primary
residence of the children.
Ordering Respondent to pay child support, health insurance premiums for coverage on
the children, the children’s uninsured medical expenses, and the children’s school expenses
while this case is pending.
Enjoining Respondent from removing the children beyond Dallas or Tarrant Counties.
Ordering Respondent to produce copies of income tax returns for tax years 2012 and
2013, a financial statement, and current pay stubs by a date certain.
Original Petition for Divorce Page 11
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18. Request for Interim Attorney’s Fees and Temporary Support
Petitioner requests the Court, after notice and hearing, for the preservation of the property
and protection of the parties, to make temporary orders and issue any appropriate temporary
injunctions regarding attorney’s fees and support as deemed necessary and equitable, including
but not limited to the following:
Petitioner requests that Respondent be ordered to pay reasonable interim attorney’s fees
and expenses, including but not limited to fees for appraisals, accountants, actuaries, and so
forth. Petitioner is not in control of sufficient community assets to pay attorney’s fees and
anticipated expenses.
Petitioner has insufficient income for support, and Petitioner requests the Court to order
Respondent to make payments for the support of Petitioner until a final decree is signed.
Petitioner requests that Respondent be ordered to pay estimated income taxes on the due
dates as required by the Internal Revenue Service and under the Social Security numbers of both
Petitioner and Respondent.
Petitioner requests that Respondent be ordered to pay any ad valorem taxes and insurance
premiums as due on the following property: 1401 Mayfair Place, Southlake, Texas 76092.
19. Request for Temporary Orders for Discovery and Ancillary Relief
Petitioner requests the Court, after notice and hearing, for the preservation of the property
and protection of the parties, to make temporary orders for discovery and ancillary relief as
deemed necessary and equitable, including but not limited to the following:
Ordering Respondent to provide a sworn inventory and appraisement of all the separate
and community property owned or claimed by the parties and all debts and liabilities owed by
the parties substantially in the form and detail prescribed by the Texas Family Law Practice
Manual (3rd ed.), form 7-1.
Ordering Respondent to produce copies of all the information necessary to prepare
Petitioner’s tax returns for tax year 2014, including tax returns and all supporting schedules for
tax year 2014, by a date certain.
Ordering the parties to participate in an alternative dispute resolution process before trial
of this matter.
Ordering Respondent to execute all necessary releases required by Petitioner to obtain
any discovery allowed by the Texas Rules of Civil Procedure.
Ordering a pretrial conference to simplify the issues in this case and determine the
stipulations of the parties and for any other matters the Court deems appropriate.
Original Petition for Divorce Page 12
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Additional Claims For Relief
20. Breach of Fiduciary Duty/Fraud/Conversion by Respondent
After Petitioner and Respondent married, a confidential and special relationship arose
between Petitioner and Respondent. Petitioner trusted in and relied upon Respondent to look
after her best interests and to steward the community estate with the utmost degree of trust and
fidelity. Further, by law, Respondent owed a fiduciary duty to protect, and not waste, or use
community assets or Petitioner’s separate property for any purpose other than for the benefit of
the community and the parties’ children. In willful breach of his fiduciary duties, Respondent
has used community assets to travel with his girlfriend, Lauren Leahy, and has made gifts to her,
all in amounts in excess of $10,000. That breach is fraudulent because, irrespective of
Respondent’s moral guilt, the breach had a tendency to deceive Petitioner and to violate
Petitioner’s confidence or to injure the public interest. Respondent’s actions damaged Petitioner
in an amount in excess of the minimum jurisdictional limits of this Court.
21. Assault/Intentional Infliction of Emotional Distress
On or about March 2014, Petitioner discovered that her husband appeared to be involved
in some type of inappropriate relationship with Lauren Leahy, who worked with Respondent at
Swearingen Realty in Dallas. When Petitioner confronted Respondent about Ms. Leahy,
Respondent promised that he had only had a few dinners and drinks with Ms. Leahy, that there
had been no sex with Ms. Leahy and that they were communicating and meeting only because
she was working with Respondent on a business that Respondent had started with community
funds. Petitioner urged Respondent to attend marriage counseling and to break off his
relationship with Ms. Leahy and recommit himself to the marriage and the parties’ children.
Respondent continued to deny any “affair” but promised Petitioner that he was committed to the
marriage and the parties’ children and that he had terminated the “relationship” with Ms. Leahy.
On or about May 13, 2014, Petitioner discovered a December 31, 2013 voicemail from
Ms. Leahy that had been left on Respondent’s phone. The message, among other things, stated
that Ms. Leahy could not wait to see Respondent the next day [1/1/14]. Petitioner confronted
Respondent and asked if he had gone with Ms. Leahy on January 1st to New Orleans.
Respondent told Petitioner that his trip was purely business and that Ms. Leahy had not
accompanied him on that trip. Respondent’s assurances were untrue when made.
Later on May 13th, Petitioner and Respondent attended counseling with Myrna Ashby.
Petitioner remained suspicious of Respondent’s representations. Later that night, Petitioner
confronted Respondent about his relationship with Ms. Leahy and demanded that he be truthful
about it. Rather than divulge the true nature of his affair, Respondent continued to deny anything
inappropriate and demanded the keys to the car he was driving. When Petitioner insisted that
Respondent first tell her the truth about the relationship with Ms. Leahy, Respondent threatened
Petitioner. When Petitioner refused to give him the keys, Petitioner went to the kitchen and
pulled out a glass that he knew belonged to Petitioner and knew was a sentimental object she had
owned since she was nine years old. He held the cup up and told Petitioner that if she did not
Original Petition for Divorce Page 13
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give him back the keys, he was going to break her last cup and that he knew how much it meant
to her. Respondent then intentionally threw the cup to the ground shattering it. When Petitioner
refused to give him the keys, Respondent then told her that he would find something else that
meant a lot to her that he would destroy if she failed to give him the car keys. Respondent went
to the master bedroom and pulled out Petitioner’s baby blanket and told Petitioner that if she
would not give him back the keys, he was going to shred the blanket. When Petitioner refused to
give him the keys until he told the truth about his relationship with Ms. Leahy, Respondent
began destroying the blanket by tearing it. He then took the blanket to another room and began
burning the blanket. When that did not result in Petitioner returning the keys, Respondent then
picked up her Ipad and threatened to destroy it. Although Respondent did not destroy the Ipad,
he walked outside. Petitioner locked herself in the house, crying. Respondent then used a key to
open the door to come into the house even though Petitioner attempted to keep the door closed
and asked Respondent to leave. Respondent physically pushed Petitioner back with the door and
grabbed at Petitioner’s hands scratching Petitioner’s arm
Preview
322-558426-14 FILED TARRANT COUNTY 3/27/2015 11:19:34 AM THOMAS A. WILDER DISTRICT CLERK CAUSE NO. 322-558426-14 IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § ALYSON WOLFLE § AND § TARRANT COUNTY, TEXAS ROBERT LOWELL WOLFLE, JR. § § AND IN THE INTEREST OF § RLW, III, § JLW, AND § EMW § 322ND JUDICIAL DISTRICT FIRST AMENDED PETITION FOR DIVORCE TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES ALYSON SWIENTON WOLFLE, Petitioner in the above-styled and numbered cause, who makes and files this her First Amended Petition for Divorce and in support thereof respectfully shows the Court the following: 1. Discovery Level Discovery in this case is intended to be conducted under level 3 of Rule 190 of the Texas Rules of Civil Procedure. 2. Objection to Assignment of Case to Associate Judge Petitioner objects to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial. 3. Parties This suit is brought by ALYSON SWIENTON WOLFLE as Petitioner. The last three numbers of Petitioner’s driver’s license number are 709. The last three numbers of Petitioner’s Social Security number are 064. ROBERT LOWELL WOLFLE, JR. is Respondent. 4. Domicile Petitioner has been a domiciliary of Texas for the preceding six-month period and a resident of this county for the preceding ninety-day period. Original Petition for Divorce Page 1 322-558426-14 5. Service Respondent has appeared and answered herein. Process should be served on Respondent by forwarding a copy of this pleading to Respondent’s attorney of record, David L. Hoffmann, Quillling, Selander, Lownds, Winslett & Moser, P.C. 2001 Bryan Street, Suite 1800, Dallas, Texas 75201, in accordance with the Texas Rules of Civil Procedure. 6. Protective Order Statement No protective order under title 4 of the Texas Family Code is in effect, and no application for a protective order is pending with regard to the parties to this suit. 7. Dates of Marriage and Separation The parties were married on or about May 1, 2004 and ceased to live together as husband and wife on or about June 9, 2014. 8. Grounds for Divorce The marriage has become insupportable because of discord or conflict of personalities between Petitioner and Respondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation. Respondent has committed adultery. Respondent has engaged in cruel treatment. 9. Children of the Marriage Petitioner and Respondent are parents of the following children of this marriage who are not under the continuing jurisdiction of any other court: Name: RLW, III Sex: Male Birth date: September 11, 2008 Name: JLW Sex: Female Birth date: September 4, 2009 Name: EMW Sex: Male Birth date: November 28, 2012 Original Petition for Divorce Page 2 322-558426-14 There are no court-ordered conservatorships, court-ordered guardianships, or other court-ordered relationships affecting the children the subject of this suit. Petitioner believes that Petitioner and Respondent will enter into a final written agreement containing provisions for conservatorship of, possession of, access to, and support of the children. If such an agreement is made, Petitioner requests that the Court approve that agreement and adopt it as the Court’s order. If such an agreement is not made, Petitioner requests the Court to make orders for conservatorship of, possession of, access to, and support of the children. Petitioner and Respondent, on final hearing, should be appointed joint managing conservators, with all the rights and duties of a parent conservator. Petitioner should be designated as the conservator who has the exclusive right to designate the primary residence of the children. Respondent should be ordered to make payments for the support of the children and to provide medical child support in the manner specified by the Court. Petitioner requests that the payments for the support of the children survive the death of Respondent and become the obligations of Respondent’s estate. Petitioner requests the Court to order reasonable periods of electronic communication between the children and Petitioner to supplement Petitioner’s periods of possession of the children. The requested orders are in the best interest of the children. 10. Division of Community Property Petitioner hopes Petitioner and Respondent will enter into an agreement for the division of their estate. If such an agreement is made, Petitioner requests the Court to approve the agreement and divide their estate in a manner consistent with the agreement. If such an agreement is not made, Petitioner requests the Court to divide their estate in a manner that the Court deems just and right, as provided by law. Petitioner should be awarded a disproportionate share of the parties’ estate for the following reasons, including but not limited to: a. fault in the breakup of the marriage; b. breach of fiduciary duty; c. concealing assets; d. cruel treatment; e. benefits the innocent spouse may have derived from the continuation of the marriage; Original Petition for Divorce Page 3 322-558426-14 f. disparity of earning power of the spouses and their ability to support themselves; g. the spouse to whom conservatorship of the children is granted; h. education and future employability of the spouses; i. earning power, business opportunities, capacities, and abilities of the spouses; j. wasting of community assets by Respondent; k. gifts by Respondent during the marriage; l. gifts by Petitioner’s parents to Respondent and to the parties’ children that allowed Respondent to use or spend community funds that otherwise would have been spent to pay for education and future education the parties’ children; m. reimbursement; n. actual fraud committed by a spouse; and o. constructive fraud committed by a spouse. Respondent has committed fraud on the community estate. Petitioner requests that the Court reconstitute the community estate to its full value prior to Respondent’s depletion of the community estate by his fraudulent acts and divide the reconstituted community estate in a manner that the Court deems just and right, including awarding Petitioner an appropriate share of the community estate, as is more specifically pleaded in Paragraph 20, infra. 11. Separate Property Petitioner owns certain separate property that is not part of the community estate of the parties, and Petitioner requests the Court to confirm that separate property as Petitioner’s separate property and estate. 12. Reimbursement Petitioner requests the Court to reimburse Petitioner’s separate estate for funds or assets expended by Petitioner’s separate estate for the benefit of the community estate. Those expenditures resulted in a direct benefit to the community estate. Petitioner’s separate estate has not been adequately compensated for or benefited from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to Petitioner’s separate estate will result in an unjust enrichment of the community estate at the expense of Petitioner’s separate estate. Original Petition for Divorce Page 4 322-558426-14 Petitioner requests the Court to reimburse Petitioner’s separate estate for funds or assets expended by Petitioner’s separate estate for payment of unsecured liabilities of Respondent’s separate estate. Those expenditures resulted in a direct benefit to Respondent’s separate estate. Petitioner’s separate estate has not been adequately compensated for or benefited from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to Petitioner’s separate estate will result in an unjust enrichment of Respondent’s separate estate at the expense of Petitioner’s separate estate. Petitioner’s separate estate has expended funds or assets to make capital improvements on property claimed by Respondent as separate property, giving rise to a claim for reimbursement in favor of Petitioner’s separate estate and against Respondent’s separate estate. Those expenditures resulted in a direct benefit to Respondent’s separate estate. Petitioner’s separate estate has not been adequately compensated for or benefited from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to Petitioner’s separate estate will result in an unjust enrichment of Respondent’s separate estate at the expense of Petitioner’s separate estate. The community estate is or was obligated on debts incurred during the marriage for the acquisition of, or capital improvements to, property and secured by liens on community property. Petitioner’s separate estate has expended funds or assets for payment of those debts. Those expenditures have resulted in the reduction of the principal of those debts, giving rise to a claim for reimbursement in favor of Petitioner’s separate estate and against the community estate. Those expenditures resulted in a direct benefit to the community estate. Petitioner’s separate estate has not been adequately compensated for or benefited from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to Petitioner’s separate estate will result in an unjust enrichment of the community estate at the expense of Petitioner’s separate estate. 13. Postdivorce Maintenance Petitioner requests the Court to order that Petitioner be paid post-divorce maintenance for a reasonable period in accordance with chapter 8 of the Texas Family Code. 14. Request for Temporary Restraining Order Petitioner requests the Court to dispense with the issuance of a bond, and Petitioner requests that Respondent be temporarily restrained immediately, without hearing, and after notice and hearing be temporarily enjoined, pending the further order of this Court, from: a. Communicating with Petitioner in person, by telephone, text, email or in writing in vulgar, profane, obscene, or indecent language or in a coarse or offensive manner. b. Threatening Petitioner in person, by telephone, text, email or in writing to take unlawful action against any person. Original Petition for Divorce Page 5 322-558426-14 c. Placing one or more telephone calls, anonymously, at any unreasonable hour, in an offensive and repetitious manner, or without a legitimate purpose of communication. d. Causing bodily injury to Petitioner or to a child of either party. e. Threatening Petitioner or a child of either party with imminent bodily injury. f. Destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties. g. Falsifying any writing or record relating to the property of either party. h. Misrepresenting or refusing to disclose to Petitioner or to the Court, on proper request, the existence, amount, or location of any property of one or both of the parties. i. Damaging or destroying the tangible property of one or both of the parties, including any document that represents or embodies anything of value. j. Tampering with the tangible property of one or both of the parties, including any document that represents or embodies anything of value, and causing pecuniary loss to Petitioner. k. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of Petitioner or Respondent, whether personalty or realty, and whether separate or community, except as specifically authorized by order of this Court. l. Incurring any indebtedness, other than legal expenses in connection with this suit, except as specifically authorized by order of this Court. m. Making withdrawals from any checking or savings account in any financial institution for any purpose, except as specifically authorized by order of this Court. n. Spending any sum of cash in Respondent’s possession or subject to Respondent’s control for any purpose, except as specifically authorized by order of this Court. o. Withdrawing or borrowing in any manner for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan or employee savings plan or from any individual retirement account or Keogh account, except as specifically authorized by order of this Court. p. Entering any safe-deposit box in the name of or subject to the control of Petitioner or Respondent, whether individually or jointly with others. Original Petition for Divorce Page 6 322-558426-14 q. Withdrawing or borrowing in any manner all or any part of the cash surrender value of life insurance policies on the life of Petitioner or Respondent, except as specifically authorized by order of this Court. r. Changing or in any manner altering the beneficiary designation on any life insurance on the life of Petitioner or Respondent or the parties’ children. s. Canceling, altering, failing to renew or pay premiums, or in any manner affecting the present level of coverage of any life, casualty, automobile, or health insurance policies insuring the parties’ property or persons including the parties’ children. t. Opening or diverting mail addressed to Petitioner. u. Signing or endorsing Petitioner’s name on any negotiable instrument, check, or draft, such as tax refunds, insurance payments, and dividends, or attempting to negotiate any negotiable instrument payable to Petitioner without the personal signature of Petitioner. v. Taking any action to terminate or limit credit or charge cards in the name of Petitioner. w. Discontinuing or reducing the withholding for federal income taxes on Respondent’s wages or salary while this case is pending. x. Destroying, disposing of, or altering any financial records of the parties, including but not limited to records from financial institutions (including canceled checks and deposit slips), all records of credit purchases or cash advances, tax returns, and financial statements. y. Destroying, disposing of, or altering any e-mail or other electronic data relevant to the subject matters of this case, whether stored on a hard drive or on a diskette or other electronic storage device. z. Terminating or in any manner affecting the service of water, electricity, gas, telephone, cable television, or other contractual services, such as security, pest control, landscaping, or yard maintenance, at 1401 Mayfair Place, Southlake, Texas 76092 or in any manner attempting to withdraw any deposits for service in connection with those services. aa. Excluding Petitioner from the use and enjoyment of the residence located at 1401 Mayfair Place, Southlake, Texas 76092. bb. Entering, operating, or exercising control over the 2008 Mercedes R350 in the possession of Petitioner. Original Petition for Divorce Page 7 322-558426-14 cc. Disturbing the peace of the children or of another party. dd. Withdrawing the children from enrollment in the school or day-care facility where the children are presently enrolled. ee. Hiding or secreting the children from Petitioner. ff. Making disparaging remarks regarding Petitioner or Petitioner’s family in the presence or within the hearing of the children. gg. Permitting an unrelated adult with whom Respondent has an intimate or dating relationship to remain in the presence with the children. Petitioner requests that Respondent be authorized only as follows: To make expenditures and incur indebtedness for reasonable and necessary living expenses for food, clothing, shelter, transportation, and medical care. To make expenditures and incur indebtedness for reasonable attorney’s fees and expenses in connection with this suit. To make withdrawals from accounts in financial institutions only for the purposes authorized by the Court’s order. To engage in acts reasonable and necessary to conduct Respondent’s usual business and occupation. 15. Request for Temporary Orders and Injunction Petitioner requests the Court, after notice and hearing, to dispense with the issuance of a bond, to make temporary orders and issue any appropriate temporary injunctions for the preservation of the property and protection of the parties and for the safety and welfare of the children of the marriage as deemed necessary and equitable. Petitioner requests that the Court enjoin Respondent from the following: a. Communicating with Petitioner in person, by telephone, text, email or in writing in vulgar, profane, obscene, or indecent language or in a coarse or offensive manner. b. Threatening Petitioner in person, by telephone, text, email or in writing to take unlawful action against any person. c. Placing one or more telephone calls, anonymously, at any unreasonable hour, in an offensive and repetitious manner, or without a legitimate purpose of communication. Original Petition for Divorce Page 8 322-558426-14 d. Causing bodily injury to Petitioner or to a child of either party. e. Threatening Petitioner or a child of either party with imminent bodily injury. f. Destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties. g. Falsifying any writing or record relating to the property of either party. h. Misrepresenting or refusing to disclose to Petitioner or to the Court, on proper request, the existence, amount, or location of any property of one or both of the parties. i. Damaging or destroying the tangible property of one or both of the parties, including any document that represents or embodies anything of value. j. Tampering with the tangible property of one or both of the parties, including any document that represents or embodies anything of value, and causing pecuniary loss to Petitioner. k. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of Petitioner or Respondent, whether personalty or realty, and whether separate or community, except as specifically authorized by order of this Court. l. Incurring any indebtedness, other than legal expenses in connection with this suit, except as specifically authorized by order of this Court. m. Making withdrawals from any checking or savings account in any financial institution for any purpose, except as specifically authorized by order of this Court. n. Spending any sum of cash in Respondent’s possession or subject to Respondent’s control for any purpose, except as specifically authorized by order of this Court. o. Withdrawing or borrowing in any manner for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan or employee savings plan or from any individual retirement account or Keogh account, except as specifically authorized by order of this Court. p. Entering any safe-deposit box in the name of or subject to the control of Petitioner or Respondent, whether individually or jointly with others. q. Withdrawing or borrowing in any manner all or any part of the cash surrender value of life insurance policies on the life of Petitioner or Respondent, except as specifically authorized by order of this Court. Original Petition for Divorce Page 9 322-558426-14 r. Changing or in any manner altering the beneficiary designation on any life insurance on the life of Petitioner or Respondent or the parties’ children. s. Canceling, altering, failing to renew or pay premiums, or in any manner affecting the present level of coverage of any life, casualty, automobile, or health insurance policies insuring the parties’ property or persons including the parties’ children. t. Opening or diverting mail addressed to Petitioner. u. Signing or endorsing Petitioner’s name on any negotiable instrument, check, or draft, such as tax refunds, insurance payments, and dividends, or attempting to negotiate any negotiable instrument payable to Petitioner without the personal signature of Petitioner. v. Taking any action to terminate or limit credit or charge cards in the name of Petitioner. w. Discontinuing or reducing the withholding for federal income taxes on Respondent’s wages or salary while this case is pending. x. Destroying, disposing of, or altering any financial records of the parties, including but not limited to records from financial institutions (including canceled checks and deposit slips), all records of credit purchases or cash advances, tax returns, and financial statements. y. Destroying, disposing of, or altering any e-mail or other electronic data relevant to the subject matters of this case, whether stored on a hard drive or on a diskette or other electronic storage device. z. Terminating or in any manner affecting the service of water, electricity, gas, telephone, cable television, or other contractual services, such as security, pest control, landscaping, or yard maintenance, at 1401 Mayfair Place, Southlake, Texas 76092 or in any manner attempting to withdraw any deposits for service in connection with those services. aa. Excluding Petitioner from the use and enjoyment of the residence located at 1401 Mayfair Place, Southlake, Texas 76092. bb. Entering, operating, or exercising control over the 2008 Mercedes R350 in the possession of Petitioner. cc. Disturbing the peace of the children or of another party. dd. Withdrawing the children from enrollment in the school or day-care facility where the children are presently enrolled. Original Petition for Divorce Page 10 322-558426-14 ee. Hiding or secreting the children from Petitioner. ff. Making disparaging remarks regarding Petitioner or Petitioner’s family in the presence or within the hearing of the children. gg. Permitting an unrelated adult with whom Respondent has an intimate or dating relationship to remain in the presence with the children. 16. Request for Temporary Orders Concerning Use of Property Petitioner requests the Court, after notice and hearing, for the preservation of the property and protection of the parties, to make temporary orders and issue any appropriate temporary injunctions respecting the temporary use of the parties’ property as deemed necessary and equitable, including but not limited to the following: Awarding Petitioner the exclusive use and possession of the residence located at 1401 Mayfair Place, Southlake, Texas 76092, as well as the furniture, furnishings, and other personal property at that residence, while this case is pending, and enjoining Respondent from entering or remaining on the premises of the residence and exercising possession or control of any of this personal property, except as authorized by order of this Court. Awarding Petitioner exclusive use and control of the 2008 Mercedes R350 motor vehicle and enjoining Respondent from entering, operating, or exercising control over it. 17. Request for Temporary Orders Regarding Children Petitioner requests the Court, after notice and hearing, to dispense with the necessity of a bond and to make temporary orders and issue any appropriate temporary injunctions for the safety and welfare of the children of the marriage as deemed necessary and equitable, including but not limited to the following: Appointing Petitioner and Respondent temporary joint managing conservators, and designating Petitioner as the conservator who has the exclusive right to designate the primary residence of the children. Ordering Respondent to pay child support, health insurance premiums for coverage on the children, the children’s uninsured medical expenses, and the children’s school expenses while this case is pending. Enjoining Respondent from removing the children beyond Dallas or Tarrant Counties. Ordering Respondent to produce copies of income tax returns for tax years 2012 and 2013, a financial statement, and current pay stubs by a date certain. Original Petition for Divorce Page 11 322-558426-14 18. Request for Interim Attorney’s Fees and Temporary Support Petitioner requests the Court, after notice and hearing, for the preservation of the property and protection of the parties, to make temporary orders and issue any appropriate temporary injunctions regarding attorney’s fees and support as deemed necessary and equitable, including but not limited to the following: Petitioner requests that Respondent be ordered to pay reasonable interim attorney’s fees and expenses, including but not limited to fees for appraisals, accountants, actuaries, and so forth. Petitioner is not in control of sufficient community assets to pay attorney’s fees and anticipated expenses. Petitioner has insufficient income for support, and Petitioner requests the Court to order Respondent to make payments for the support of Petitioner until a final decree is signed. Petitioner requests that Respondent be ordered to pay estimated income taxes on the due dates as required by the Internal Revenue Service and under the Social Security numbers of both Petitioner and Respondent. Petitioner requests that Respondent be ordered to pay any ad valorem taxes and insurance premiums as due on the following property: 1401 Mayfair Place, Southlake, Texas 76092. 19. Request for Temporary Orders for Discovery and Ancillary Relief Petitioner requests the Court, after notice and hearing, for the preservation of the property and protection of the parties, to make temporary orders for discovery and ancillary relief as deemed necessary and equitable, including but not limited to the following: Ordering Respondent to provide a sworn inventory and appraisement of all the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties substantially in the form and detail prescribed by the Texas Family Law Practice Manual (3rd ed.), form 7-1. Ordering Respondent to produce copies of all the information necessary to prepare Petitioner’s tax returns for tax year 2014, including tax returns and all supporting schedules for tax year 2014, by a date certain. Ordering the parties to participate in an alternative dispute resolution process before trial of this matter. Ordering Respondent to execute all necessary releases required by Petitioner to obtain any discovery allowed by the Texas Rules of Civil Procedure. Ordering a pretrial conference to simplify the issues in this case and determine the stipulations of the parties and for any other matters the Court deems appropriate. Original Petition for Divorce Page 12 322-558426-14 Additional Claims For Relief 20. Breach of Fiduciary Duty/Fraud/Conversion by Respondent After Petitioner and Respondent married, a confidential and special relationship arose between Petitioner and Respondent. Petitioner trusted in and relied upon Respondent to look after her best interests and to steward the community estate with the utmost degree of trust and fidelity. Further, by law, Respondent owed a fiduciary duty to protect, and not waste, or use community assets or Petitioner’s separate property for any purpose other than for the benefit of the community and the parties’ children. In willful breach of his fiduciary duties, Respondent has used community assets to travel with his girlfriend, Lauren Leahy, and has made gifts to her, all in amounts in excess of $10,000. That breach is fraudulent because, irrespective of Respondent’s moral guilt, the breach had a tendency to deceive Petitioner and to violate Petitioner’s confidence or to injure the public interest. Respondent’s actions damaged Petitioner in an amount in excess of the minimum jurisdictional limits of this Court. 21. Assault/Intentional Infliction of Emotional Distress On or about March 2014, Petitioner discovered that her husband appeared to be involved in some type of inappropriate relationship with Lauren Leahy, who worked with Respondent at Swearingen Realty in Dallas. When Petitioner confronted Respondent about Ms. Leahy, Respondent promised that he had only had a few dinners and drinks with Ms. Leahy, that there had been no sex with Ms. Leahy and that they were communicating and meeting only because she was working with Respondent on a business that Respondent had started with community funds. Petitioner urged Respondent to attend marriage counseling and to break off his relationship with Ms. Leahy and recommit himself to the marriage and the parties’ children. Respondent continued to deny any “affair” but promised Petitioner that he was committed to the marriage and the parties’ children and that he had terminated the “relationship” with Ms. Leahy. On or about May 13, 2014, Petitioner discovered a December 31, 2013 voicemail from Ms. Leahy that had been left on Respondent’s phone. The message, among other things, stated that Ms. Leahy could not wait to see Respondent the next day [1/1/14]. Petitioner confronted Respondent and asked if he had gone with Ms. Leahy on January 1st to New Orleans. Respondent told Petitioner that his trip was purely business and that Ms. Leahy had not accompanied him on that trip. Respondent’s assurances were untrue when made. Later on May 13th, Petitioner and Respondent attended counseling with Myrna Ashby. Petitioner remained suspicious of Respondent’s representations. Later that night, Petitioner confronted Respondent about his relationship with Ms. Leahy and demanded that he be truthful about it. Rather than divulge the true nature of his affair, Respondent continued to deny anything inappropriate and demanded the keys to the car he was driving. When Petitioner insisted that Respondent first tell her the truth about the relationship with Ms. Leahy, Respondent threatened Petitioner. When Petitioner refused to give him the keys, Petitioner went to the kitchen and pulled out a glass that he knew belonged to Petitioner and knew was a sentimental object she had owned since she was nine years old. He held the cup up and told Petitioner that if she did not Original Petition for Divorce Page 13 322-558426-14 give him back the keys, he was going to break her last cup and that he knew how much it meant to her. Respondent then intentionally threw the cup to the ground shattering it. When Petitioner refused to give him the keys, Respondent then told her that he would find something else that meant a lot to her that he would destroy if she failed to give him the car keys. Respondent went to the master bedroom and pulled out Petitioner’s baby blanket and told Petitioner that if she would not give him back the keys, he was going to shred the blanket. When Petitioner refused to give him the keys until he told the truth about his relationship with Ms. Leahy, Respondent began destroying the blanket by tearing it. He then took the blanket to another room and began burning the blanket. When that did not result in Petitioner returning the keys, Respondent then picked up her Ipad and threatened to destroy it. Although Respondent did not destroy the Ipad, he walked outside. Petitioner locked herself in the house, crying. Respondent then used a key to open the door to come into the house even though Petitioner attempted to keep the door closed and asked Respondent to leave. Respondent physically pushed Petitioner back with the door and grabbed at Petitioner’s hands scratching Petitioner’s arm