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NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
CAUSE NO. 14-11-12419-CV
TERRY EUGENE JACKSON IN THE DISTRICT COURT
AND 4107 JUDICIAL DISTRICT
DEBRA LYNN JACKSON MONTGOMERY COUNTY, TEXAS
ORI LC TI ETITION DIVORCE
Discovery Level
Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas
Rules of Civil Procedure.
Objection to Assignment of Case to Associate Judge
Counterpetitioner objects to the assignment of this matter to an associate judge for a trial
on the merits or presiding at a jury trial.
Parties
This suit is brought by Terry Eugene Jackson, Counterpetitioner. The last three numbers
of Terry Eugene Jackson's driver's license number are 619. The last three numbers of Terry
Eugene Jackson's Social Security number are 365.
Debra Lynn Jackson is Counterrespondent.
Domicile
Counterpetitioner has been a domiciliary of Texas for the preceding six-month period and
a resident of this county for the preceding ninety-day period.
Service
Service of this document may be had in accordance with Rule 21a, Texas Rules of Civil
Procedure, by serving Counterrespondent's attorney of record, Courtney M Alexander, Lone Star
Legal Aid, 412 W Lewis St, Conroe, Texas 77301-2568, Telephone: 936.539.2130, Facsimile:
936.539.2144.
Protective Order Statement
Counter Applications for Protective Order is pending with regard to the parties to this
suit.
Dates of Marriage and Separatio1
Page 1 of7
Jackson v Jackson Cause No. 14-11-12419-CV
Counter Petition 410" Judicial District Court
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CONTAINS SENSITIVE DATA
The parties were married on or about July 7, 2003 and ceased to live together as husband
and wife on or about August 26, 2014.
Grounds for Divorce
The marriage has become insupportable because of discord or conflict of personalities
between Counterpetitioner and Counterrespondent that destroys the legitimate ends of the
marriage relationship and prevents any reasonable expectation of reconciliation.
Counterrespondent is guilty of cruel treatment toward Counterpetitioner of a nature that
renders further living together insupportable.
Counterrespondent has committed adultery.
Children of the Marriag
Counterpetitioner and Counterrespondent are parents of the following children of this
marriage who is not under the continuing jurisdiction of any other court:
Name: Wyatt Jackson
Sex: Male
Birth date: 8/29/2006
Name: Katherine Jackson
Sex: Female
Birth date: 2/03/2004
There are no court-ordered conservatorships, court-ordered guardianships, or other court
ordered relationships affecting the child the subject of this suit.
Information required by section 154.181(b) of the Texas Family Code will be provided at
later date.
No property of consequence is owned or possessed by the child the subject of this suit.
The appointment of Counterpetitioner and Counterrespondent as joint managing
conservators would not be in the best interest of the child. Counterpetitioner, on final hearing,
should be appointed sole managing conservator, with all the rights and duties of a parent sole
managing conservator, and Counterrespondent should be ordered to make payments for the
support of the child and to provide medical child support in the manner specified by the Court.
Counterpetitioner requests that the payments for the support of the child survive the death of
Counterrespondent and become the obligation of Counterrespondent's estate.
Alternatively, Counterpetitioner and Counterrespondent, on final hearing, should be
appointed joint managing conservators, with all the rights and duties of a parent conservator.
Page 2 of7
Jackson v Jackson Cause No. 14-11-12419-CV
Counter Petition 410" Judicial District Court
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CONTAINS SENSITIVE DATA
Counterpetitioner should be designated as the joint managing conservators with the exclusive
right to designate the primary residence of the child.
Separate-Property Agreement
Counterpetitioner owns certain separate property that is not part of the community estate
of the parties, and Counterpetitioner requests the Court to confirm that separate property as
Counterpetitioner’s separate property and estate.
The property located at 17070 FM 1484, Conroe, Texas 77303 is Counterpetitioners and
was purchased before the marriage.
Division of Community Property
Counterpetitioner believes Counterpetitioner and Counterrespondent will enter into an
agreement for the division of their estate. If such an agreement is made, Counterpetitioner
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, Counterpetitioner requests the Court to divide
their estate in a manner that the Court deems just and right, as provided by law.
Counterpetitioner should be awarded a disproportionate share of the parties’ estate for the
following reasons, including but not limited to:
fault in the breakup of the marriage;
fraud on the community;
benefits the innocent spouse may have derived from the continuation of the
nature of the property involved in the division;
wasting of community assets by the spouses;
increase in value of separate property through community efforts by time, talent,
labor, and effort;
g attorney's fees to be paid; and
h creation of community property through the use of a spouse's separate estate.
Reimbursement
Counterpetitioner requests the Court to reimburse Counterpetitioner's separate estate for
funds or assets expended by Counterpetitioner's separate estate for the benefit of
Counterrespondent's separate estate. Those expenditures resulted in a direct benefit to
Counterrespondent's separate estate. Counterpetitioner'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 Counterpetitioner's separate estate will result in an unjust
enrichment of Counterrespondent's separate estate at the expense of Counterpetitioner's separate
estate.
Request for Temporary Restraining Order
Page 3 of 7
Jackson v Jackson Cause No. 14-11-12419-CV
Counter Petition 410" Judicial District Court
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
Counterpetitioner requests the Court to dispense with the issuance of a bond, and
Counterpetitioner requests that Counterrespondent be temporarily restrained immediately,
without hearing, and after notice and hearing be temporarily enjoined, pending the further order
of this Court, from:
1 Communicating with Counterpetitioner in person, by telephone, or in writing in
vulgar, profane, obscene, or indecent language or in a coarse or offensive manner.
2 Threatening Counterpetitioner in person, by telephone, or in writing to take
unlawful action against any person.
3 Placing one or more telephone calls, anonymously, at any unreasonable hour, in
an offensive and repetitious manner, or without a legitimate purpose of communication.
4 Causing bodily injury to Counterpetitioner or to a child of either party.
5 Threatening Counterpetitioner or a child of either party with imminent bodily
injury.
6 Destroying, removing, concealing, encumbering, transferring, or otherwise
harming or reducing the value of the property of one or both of the parties.
7 Falsifying any writing or record relating to the property of either party.
8 Misrepresenting or refusing to disclose to Counterpetitioner or to the Court, on
proper request, the existence, amount, or location of any property of one or both of the parties.
9. Damaging or destroying the tangible property of one or both of the parties,
including any document that represents or embodies anything of value.
10. 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
Counterpetitioner.
Il. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner
alienating any of the property of Counterpetitioner or Counterrespondent, whether personalty or
realty, and whether separate or community, except as specifically authorized by order of this
Court.
12; Incurring any indebtedness, other than legal expenses in connection with this suit,
except as specifically authorized by order of this Court.
13. Making withdrawals from any checking or savings account in any financial
institution for any purpose, except as specifically authorized by order of this Court.
14. Spending any sum of cash in Counterrespondent's possession or subject to
Counterrespondent's control for any purpose, except as specifically authorized by order of
this
Court.
15. 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 authoriz
ed by order of
this Court.
16. Entering any safe-deposit box in the name of or subject to the control of
Counterpetitioner or Counterrespondent, whether individually or jointly with others.
Lids Withdrawing or borrowing in any manner all or any part of the cash surrender
value of life insurance policies on the life of Counterpetitioner or Counterrespondent, except as
specifically authorized by order of this Court.
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Jackson v Jackson Cause No. 14-11-12419-CV
Counter Petition 410" Judicial District Court
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CONTAINS SENSITIVE DATA
18. Changing or in any manner altering the beneficiary designation on any life
insurance on the life of Counterpetitioner or Counterrespondent or the parties’ child.
19. 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’ child.
20. Opening or diverting mail addressed to Counterpetitioner.
21. Signing or endorsing Counterpetitioner's name on any negotiable instrument,
check, or drafi, such as tax refunds, insurance payments, and dividends, or attempting to
negotiate any negotiable instrument payable to Counterpetitioner without the personal signature
of Counterpetitioner.
22. Taking any action to terminate or limit credit or charge cards in the name of
Counterpetitioner.
23. Discontinuing or reducing the withholding for federal income taxes on
Counterrespondent's wages or salary while this case is pending.
24. 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.
25; 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.
26. Entering, operating, or exercising control over the motor vehicle in the possession
of Counterpetitioner.
27. Disturbing the peace of the child or of another party.
28. Withdrawing the child from enrollment in the school or day-care facility where
the child is presently enrolled.
29. Hiding or secreting the child from Counterpetitioner.
30. Making disparaging remarks regarding Counterpetitioner or Counterpetitioner's
family in the presence or within the hearing of the child.
31. Consuming alcohol within the 24 hours before or during the period of possession
of or access to the child.
32. Permitting an unrelated adult with whom Counterrespondent has an intimate or
dating relationship to remain in the same residence with the child between the hours of8 P.M.
and 9 A.M.
Counterpetitioner requests that Counterrespondent 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.
Request for Temporary Orders Regarding Children
Counterpetitioner requests the Court, after notice and hearing, to dispense with the
Page 5 of 7
Jackson v Jackson Cause No. 14-11-12419-CV
Counter Petition 410" Judicial District Court
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
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 Counterpetitioner temporary sole managing conservator.
Alternatively, appointing Counterpetitioner and Counterrespondent, temporary joint
managing conservators, with all the rights and duties of a parent conservator. Counterpetitioner
should be designated as the joint managing conservators with the exclusive right to designate the
primary residence of the child.
Ordering Counterrespondent to pay child support, health insurance premiums for
coverage on the children, 50 percent of the children's uninsured medical expenses, and the
children's day-care expenses while this case is pending.
Issue an order excluding Counterrespondent from Counterpetitioner’s residence at 17070
FM 1484, Conroe, Texas 77303.
Ordering reasonable periods of electronic communication between the children and
Counter petitioner to supplement Counterpetitioner's periods of possession of the children.
Extraordinary Relief
As the basis for the extraordinary relief requested below, Counterpetitioner would show
that before the filing of this petition Counterrespondent has engaged in the conduct set forth in
the affidavit attached as Exhibit A. Based on that affidavit, Counterpetitioner requests the Court
to grant the following relief:
Issue an order excluding Counterrespondent from Counterpetitioner’s residence at 17070
FM 1484, Conroe, Texas 77303.
Attorney's Fees, Expenses, Costs, and Interest
It was necessary for Counterpetitioner to secure the services of Terri C. Mendez, a
licensed attorney, to prepare and prosecute this suit. To effect an equitable division of the estate
of the parties and as a part of the division, and for services rendered in connection with
conservatorship and support of the child, judgment for attorney's fees, expenses, and costs
through trial and appeal should be granted against Counterrespondent and in favor of
Counterpetitioner for the use and benefit of Counterpetitioner's attorney and be ordered paid
directly to Counterpetitioner's attorney, who may enforce the judgment in the attorney's own
name. Counterpetitioner requests postjudgment interest as allowed by law.
Prayei
Counterpetitioner prays that citation and notice issue as required by law and that the
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Jackson v Jackson Cause No. 14-11-12419-CV
Counter Petition 410" Judicial District Court
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
Court grant a divorce and all other relief requested in this counterpetition.
Counterpetitioner prays that the Court immediately grant a temporary restraining order
restraining Counterrespondent, in conformity with the allegations of this counterpetition, from
the acts set forth above, and Counterpetitioner prays that, after notice and hearing, this temporary
restraining order be made a temporary injunction.
Counterpetitioner prays for attorney's fees, expenses, costs, and interest as requested
above.
Counterpetitioner prays for general relief.
Respectfully submitted,
TERRI C. MENDEZ
Law Office of Terri C. Mendez
Attorney at Law
220 West Davis
Conroe, Texas 77301
Tel: 936-539-5761
Fax: 936-539-5762
By: Tene 2 Mendez
Terri C. Mendez
State Bar No. 00798371
Attorney for Counterpetitioner
Certificate of Service
I certify that a true copy of the above was served on each attorney of record or party in
accordance with the Texas Rules of Civil Procedure on October 15, 2014.
Terri
(2 Mendez
Terri C. Mendez
Attorney for Counterpetitioner
Page 7 of 7
Jackson v Jackson Cause No. 14-11-12419-CV
Counter Petition 410" Judicial District Court
NO. 14-11-12419-CV
DEBRA LYNN JACKSON § IN THE 410™ DISTRICT COURT
§
AND § OF
TERRY EUGENE JACKSON § MONTGOMERY COUNTY, TEXAS
SUPPORTING AFFIDAVIT
TERRY EUGENE JACKSON appeared in person before me today and stated under
oath:
"My name is Terry Eugene Jackson. I am above the age of eighteen years, and | am fully
competent to make this affidavit. The facts stated in this affidavit are within my personal
knowledge and are true and correct.”
"Lam the Applicant for a Protective Order against Debra Lynn Jackson and the Counter
Petitioner for Divorce. I am also aware that she has filed a protective order against me.
My wife, Debra Lynn Jackson, is violent and her violence is now out of control. Her
violent behavior has escalated for years making it impossible for me to remain in the home. She
stands over me and screams, threatens me and demeans me for hours in front of the children,
She then will throw things and hit me. The last violent episode occurred in August, 2014 when
she became angry and began hitting me in the face with her fists and scratching my arms. I had
to lock myself into the bathroom and I called the Sheriff's Department. I have photographs as
evidence supporting this incident.
Iam not able to defend myself when she becomes violent. I have never hit a woman and
fear that ifI touch her to defend myself that I will be arrested and lose my job, reputation and the
livelihood for my children.
Debra has contacted Child Protective Services on several occasions accusing me of
violence and inappropriate contact with my children. Upon investigation her allegations have
been ruled out. She has also recanted her statements with CPS and told them that she lied about
her allegations because she does not want me to get custody of our children.
During our marriage Debra has threatened to make allegations so that I will be fired. I
am the Team Leader, Deputy at the Harris County Sheriff's Office in the High Risk Operations
Unit Homeland Security. I have had extensive training for this position and have never had
a
blemish on my record. The problems with my wife’s behavior that results in her violence
towards me and her lies, made it necessary for me to leave the home in August and secrete my
whereabouts in order to protect myself and create a less stressful environment for the children.
After I left my home, Debra went to my dad’s house looking for me and tried to find me
at a hunting lease. She constantly calls and texts me demanding to know where | live. She was
given a trespass warning on one occasion by appearing and causing a scene at a place I was
working. She also becomes enraged if I try to see or phone the children. I have no doubt that if
she knew where I was residing that she would come
and create a disturbance. Due to her
violence I am forced to request Court intervention.
Terry JgeKson
SIGNED under oath before me on b Coil WE l S, 70! y
AMANDA BROOKE WHIPPLE
My Commission Expires
November 5, 2017
MMi
NotaryPublic, State of Texas
Wore
Preview
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA CAUSE NO. 14-11-12419-CV TERRY EUGENE JACKSON IN THE DISTRICT COURT AND 4107 JUDICIAL DISTRICT DEBRA LYNN JACKSON MONTGOMERY COUNTY, TEXAS ORI LC TI ETITION DIVORCE Discovery Level Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas Rules of Civil Procedure. Objection to Assignment of Case to Associate Judge Counterpetitioner objects to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial. Parties This suit is brought by Terry Eugene Jackson, Counterpetitioner. The last three numbers of Terry Eugene Jackson's driver's license number are 619. The last three numbers of Terry Eugene Jackson's Social Security number are 365. Debra Lynn Jackson is Counterrespondent. Domicile Counterpetitioner has been a domiciliary of Texas for the preceding six-month period and a resident of this county for the preceding ninety-day period. Service Service of this document may be had in accordance with Rule 21a, Texas Rules of Civil Procedure, by serving Counterrespondent's attorney of record, Courtney M Alexander, Lone Star Legal Aid, 412 W Lewis St, Conroe, Texas 77301-2568, Telephone: 936.539.2130, Facsimile: 936.539.2144. Protective Order Statement Counter Applications for Protective Order is pending with regard to the parties to this suit. Dates of Marriage and Separatio1 Page 1 of7 Jackson v Jackson Cause No. 14-11-12419-CV Counter Petition 410" Judicial District Court NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA The parties were married on or about July 7, 2003 and ceased to live together as husband and wife on or about August 26, 2014. Grounds for Divorce The marriage has become insupportable because of discord or conflict of personalities between Counterpetitioner and Counterrespondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation. Counterrespondent is guilty of cruel treatment toward Counterpetitioner of a nature that renders further living together insupportable. Counterrespondent has committed adultery. Children of the Marriag Counterpetitioner and Counterrespondent are parents of the following children of this marriage who is not under the continuing jurisdiction of any other court: Name: Wyatt Jackson Sex: Male Birth date: 8/29/2006 Name: Katherine Jackson Sex: Female Birth date: 2/03/2004 There are no court-ordered conservatorships, court-ordered guardianships, or other court ordered relationships affecting the child the subject of this suit. Information required by section 154.181(b) of the Texas Family Code will be provided at later date. No property of consequence is owned or possessed by the child the subject of this suit. The appointment of Counterpetitioner and Counterrespondent as joint managing conservators would not be in the best interest of the child. Counterpetitioner, on final hearing, should be appointed sole managing conservator, with all the rights and duties of a parent sole managing conservator, and Counterrespondent should be ordered to make payments for the support of the child and to provide medical child support in the manner specified by the Court. Counterpetitioner requests that the payments for the support of the child survive the death of Counterrespondent and become the obligation of Counterrespondent's estate. Alternatively, Counterpetitioner and Counterrespondent, on final hearing, should be appointed joint managing conservators, with all the rights and duties of a parent conservator. Page 2 of7 Jackson v Jackson Cause No. 14-11-12419-CV Counter Petition 410" Judicial District Court NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA Counterpetitioner should be designated as the joint managing conservators with the exclusive right to designate the primary residence of the child. Separate-Property Agreement Counterpetitioner owns certain separate property that is not part of the community estate of the parties, and Counterpetitioner requests the Court to confirm that separate property as Counterpetitioner’s separate property and estate. The property located at 17070 FM 1484, Conroe, Texas 77303 is Counterpetitioners and was purchased before the marriage. Division of Community Property Counterpetitioner believes Counterpetitioner and Counterrespondent will enter into an agreement for the division of their estate. If such an agreement is made, Counterpetitioner 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, Counterpetitioner requests the Court to divide their estate in a manner that the Court deems just and right, as provided by law. Counterpetitioner should be awarded a disproportionate share of the parties’ estate for the following reasons, including but not limited to: fault in the breakup of the marriage; fraud on the community; benefits the innocent spouse may have derived from the continuation of the nature of the property involved in the division; wasting of community assets by the spouses; increase in value of separate property through community efforts by time, talent, labor, and effort; g attorney's fees to be paid; and h creation of community property through the use of a spouse's separate estate. Reimbursement Counterpetitioner requests the Court to reimburse Counterpetitioner's separate estate for funds or assets expended by Counterpetitioner's separate estate for the benefit of Counterrespondent's separate estate. Those expenditures resulted in a direct benefit to Counterrespondent's separate estate. Counterpetitioner'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 Counterpetitioner's separate estate will result in an unjust enrichment of Counterrespondent's separate estate at the expense of Counterpetitioner's separate estate. Request for Temporary Restraining Order Page 3 of 7 Jackson v Jackson Cause No. 14-11-12419-CV Counter Petition 410" Judicial District Court NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA Counterpetitioner requests the Court to dispense with the issuance of a bond, and Counterpetitioner requests that Counterrespondent be temporarily restrained immediately, without hearing, and after notice and hearing be temporarily enjoined, pending the further order of this Court, from: 1 Communicating with Counterpetitioner in person, by telephone, or in writing in vulgar, profane, obscene, or indecent language or in a coarse or offensive manner. 2 Threatening Counterpetitioner in person, by telephone, or in writing to take unlawful action against any person. 3 Placing one or more telephone calls, anonymously, at any unreasonable hour, in an offensive and repetitious manner, or without a legitimate purpose of communication. 4 Causing bodily injury to Counterpetitioner or to a child of either party. 5 Threatening Counterpetitioner or a child of either party with imminent bodily injury. 6 Destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties. 7 Falsifying any writing or record relating to the property of either party. 8 Misrepresenting or refusing to disclose to Counterpetitioner or to the Court, on proper request, the existence, amount, or location of any property of one or both of the parties. 9. Damaging or destroying the tangible property of one or both of the parties, including any document that represents or embodies anything of value. 10. 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 Counterpetitioner. Il. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of Counterpetitioner or Counterrespondent, whether personalty or realty, and whether separate or community, except as specifically authorized by order of this Court. 12; Incurring any indebtedness, other than legal expenses in connection with this suit, except as specifically authorized by order of this Court. 13. Making withdrawals from any checking or savings account in any financial institution for any purpose, except as specifically authorized by order of this Court. 14. Spending any sum of cash in Counterrespondent's possession or subject to Counterrespondent's control for any purpose, except as specifically authorized by order of this Court. 15. 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 authoriz ed by order of this Court. 16. Entering any safe-deposit box in the name of or subject to the control of Counterpetitioner or Counterrespondent, whether individually or jointly with others. Lids Withdrawing or borrowing in any manner all or any part of the cash surrender value of life insurance policies on the life of Counterpetitioner or Counterrespondent, except as specifically authorized by order of this Court. Page 4 of7 Jackson v Jackson Cause No. 14-11-12419-CV Counter Petition 410" Judicial District Court NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA 18. Changing or in any manner altering the beneficiary designation on any life insurance on the life of Counterpetitioner or Counterrespondent or the parties’ child. 19. 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’ child. 20. Opening or diverting mail addressed to Counterpetitioner. 21. Signing or endorsing Counterpetitioner's name on any negotiable instrument, check, or drafi, such as tax refunds, insurance payments, and dividends, or attempting to negotiate any negotiable instrument payable to Counterpetitioner without the personal signature of Counterpetitioner. 22. Taking any action to terminate or limit credit or charge cards in the name of Counterpetitioner. 23. Discontinuing or reducing the withholding for federal income taxes on Counterrespondent's wages or salary while this case is pending. 24. 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. 25; 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. 26. Entering, operating, or exercising control over the motor vehicle in the possession of Counterpetitioner. 27. Disturbing the peace of the child or of another party. 28. Withdrawing the child from enrollment in the school or day-care facility where the child is presently enrolled. 29. Hiding or secreting the child from Counterpetitioner. 30. Making disparaging remarks regarding Counterpetitioner or Counterpetitioner's family in the presence or within the hearing of the child. 31. Consuming alcohol within the 24 hours before or during the period of possession of or access to the child. 32. Permitting an unrelated adult with whom Counterrespondent has an intimate or dating relationship to remain in the same residence with the child between the hours of8 P.M. and 9 A.M. Counterpetitioner requests that Counterrespondent 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. Request for Temporary Orders Regarding Children Counterpetitioner requests the Court, after notice and hearing, to dispense with the Page 5 of 7 Jackson v Jackson Cause No. 14-11-12419-CV Counter Petition 410" Judicial District Court NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA 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 Counterpetitioner temporary sole managing conservator. Alternatively, appointing Counterpetitioner and Counterrespondent, temporary joint managing conservators, with all the rights and duties of a parent conservator. Counterpetitioner should be designated as the joint managing conservators with the exclusive right to designate the primary residence of the child. Ordering Counterrespondent to pay child support, health insurance premiums for coverage on the children, 50 percent of the children's uninsured medical expenses, and the children's day-care expenses while this case is pending. Issue an order excluding Counterrespondent from Counterpetitioner’s residence at 17070 FM 1484, Conroe, Texas 77303. Ordering reasonable periods of electronic communication between the children and Counter petitioner to supplement Counterpetitioner's periods of possession of the children. Extraordinary Relief As the basis for the extraordinary relief requested below, Counterpetitioner would show that before the filing of this petition Counterrespondent has engaged in the conduct set forth in the affidavit attached as Exhibit A. Based on that affidavit, Counterpetitioner requests the Court to grant the following relief: Issue an order excluding Counterrespondent from Counterpetitioner’s residence at 17070 FM 1484, Conroe, Texas 77303. Attorney's Fees, Expenses, Costs, and Interest It was necessary for Counterpetitioner to secure the services of Terri C. Mendez, a licensed attorney, to prepare and prosecute this suit. To effect an equitable division of the estate of the parties and as a part of the division, and for services rendered in connection with conservatorship and support of the child, judgment for attorney's fees, expenses, and costs through trial and appeal should be granted against Counterrespondent and in favor of Counterpetitioner for the use and benefit of Counterpetitioner's attorney and be ordered paid directly to Counterpetitioner's attorney, who may enforce the judgment in the attorney's own name. Counterpetitioner requests postjudgment interest as allowed by law. Prayei Counterpetitioner prays that citation and notice issue as required by law and that the Page 6 of 7 Jackson v Jackson Cause No. 14-11-12419-CV Counter Petition 410" Judicial District Court NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA Court grant a divorce and all other relief requested in this counterpetition. Counterpetitioner prays that the Court immediately grant a temporary restraining order restraining Counterrespondent, in conformity with the allegations of this counterpetition, from the acts set forth above, and Counterpetitioner prays that, after notice and hearing, this temporary restraining order be made a temporary injunction. Counterpetitioner prays for attorney's fees, expenses, costs, and interest as requested above. Counterpetitioner prays for general relief. Respectfully submitted, TERRI C. MENDEZ Law Office of Terri C. Mendez Attorney at Law 220 West Davis Conroe, Texas 77301 Tel: 936-539-5761 Fax: 936-539-5762 By: Tene 2 Mendez Terri C. Mendez State Bar No. 00798371 Attorney for Counterpetitioner Certificate of Service I certify that a true copy of the above was served on each attorney of record or party in accordance with the Texas Rules of Civil Procedure on October 15, 2014. Terri (2 Mendez Terri C. Mendez Attorney for Counterpetitioner Page 7 of 7 Jackson v Jackson Cause No. 14-11-12419-CV Counter Petition 410" Judicial District Court NO. 14-11-12419-CV DEBRA LYNN JACKSON § IN THE 410™ DISTRICT COURT § AND § OF TERRY EUGENE JACKSON § MONTGOMERY COUNTY, TEXAS SUPPORTING AFFIDAVIT TERRY EUGENE JACKSON appeared in person before me today and stated under oath: "My name is Terry Eugene Jackson. I am above the age of eighteen years, and | am fully competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct.” "Lam the Applicant for a Protective Order against Debra Lynn Jackson and the Counter Petitioner for Divorce. I am also aware that she has filed a protective order against me. My wife, Debra Lynn Jackson, is violent and her violence is now out of control. Her violent behavior has escalated for years making it impossible for me to remain in the home. She stands over me and screams, threatens me and demeans me for hours in front of the children, She then will throw things and hit me. The last violent episode occurred in August, 2014 when she became angry and began hitting me in the face with her fists and scratching my arms. I had to lock myself into the bathroom and I called the Sheriff's Department. I have photographs as evidence supporting this incident. Iam not able to defend myself when she becomes violent. I have never hit a woman and fear that ifI touch her to defend myself that I will be arrested and lose my job, reputation and the livelihood for my children. Debra has contacted Child Protective Services on several occasions accusing me of violence and inappropriate contact with my children. Upon investigation her allegations have been ruled out. She has also recanted her statements with CPS and told them that she lied about her allegations because she does not want me to get custody of our children. During our marriage Debra has threatened to make allegations so that I will be fired. I am the Team Leader, Deputy at the Harris County Sheriff's Office in the High Risk Operations Unit Homeland Security. I have had extensive training for this position and have never had a blemish on my record. The problems with my wife’s behavior that results in her violence towards me and her lies, made it necessary for me to leave the home in August and secrete my whereabouts in order to protect myself and create a less stressful environment for the children. After I left my home, Debra went to my dad’s house looking for me and tried to find me at a hunting lease. She constantly calls and texts me demanding to know where | live. She was given a trespass warning on one occasion by appearing and causing a scene at a place I was working. She also becomes enraged if I try to see or phone the children. I have no doubt that if she knew where I was residing that she would come and create a disturbance. Due to her violence I am forced to request Court intervention. Terry JgeKson SIGNED under oath before me on b Coil WE l S, 70! y AMANDA BROOKE WHIPPLE My Commission Expires November 5, 2017 MMi NotaryPublic, State of Texas Wore