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NOTICE:
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THIS DOCUMENT CONTAINS SENSITIVE DATA
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NO. 360-564975-14
IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF §
§
DIONNE M. TUBERVILLE §
AND §
DAVID E. TUBERVILLE §
§ 360™ JUDICIAL DISTRICT
AND IN THE INTEREST OF §
TORRIN TROY TUBERVILLE, §
KRISTIN MARIE TUBERVILLE AND §
JOSHUA EDWARD TUBERVILLE, §
CHILDREN § TARRANTCOUNTY,TEXAS
ORDER RESETTING HEARING AND EXTENDING TEMPORARY EX-PARTE
ORDER
On October 28, 20 I 4, came on to be heard the application of Dionne M. Tuberville
Applicant for a protective order. Dionne M. Tuberville appeared in person nd through her
attorney of record, J. Spencer Nilsson.
Respondent appeared in person and through his attorney f record, Alexander Kim, and
requested that the hearing be reset.
A hearing was scheduled for October 28, 2014 before this Court, and upon the agreement
of the parties, the hearing shall be reset and heard before this Court in the courthouse at 200 East
Weatherford Street Fort Worth, Texas 76102, Texas, on November 14, 2014 at
_ ,.1. . :. . ~....;:.·,D..\,L.O-
A.M.
This protective order is extended, effective immediately and shall continue in force and
effect until further order of this Court or until it expires by operation of!aw. This order shall be
binding on David E. Tuberville; on David E. Tuberville's agents, servants, and employees; and
rvfrHI!ftES
!MMD Dionne Tuberville and David Tuberville and JT/0 Torrtn, Kristin, and Joshua Tuberville; Cause No. ~6Q::~t1m}S
Order Resetting Hearing and Extending Temporary Ex-parte Protective Order
JP.:.l
,JV -
TRANSACTION #
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\
on those persons in active
•concert or participation with them who
•
receive actual notice of this
order by personal service or otherwise. The Court finds that there is an immediate need for the
following protective orders to prevent family violence and to protect Applicant and other
members of the family and that the orders are in the best interest of Applicant, Torrin Troy
Tuberville, Kristin Marie Tuberville and Joshua Edward Tuberville.
IT IS THEREFORE ORDERED that the Temporary Ex-parte Protective Order issued in
this case is extended through November 14, 2014, and Respondent, Dav Tuberville, is hereby
immediately:
Prohibited from committing family violence physical, mental, emotional or verbal abuse
of any nature, as defined by section 71.004 of the Texas Family Code.
Prohibited from doing any act other than a defensive measure to protect Respondent that
IS intended to result in physical harm, bodily injury, assault, or sexual assault against any
Protected Person.
Prohibited from doing any act other than a defensive measure to protect Respondent that
is a threat that reasonably places any Protected Person in fear of imminent physical harm, bodily
injury, assault, or sexual assault.
Prohibited from committing abuse of a child of the family or household as defined by
Texas Family Code section 26l.OOI(l)(C), (E), and (G).
Prohibited from communicating directly with any Protected Person in a threatening or
harassing manner.
Prohibited from communicating a threat through any person to any Protected Person.
Prohibited, on the basis of good cause shown, from communicating in any manner with
any Protected Person except through Respondent's attorney or Dillon Perry.
JMMO Dionne Tuberville and David Tuberville and IT/0 Torrin, Kristin, and Joshua Tuberville; Cause No. 360-564975-14
Page 2 of5
Order Resetting Hearing and Extending Temporary Ex-parte Protective Order
Prohibited from
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engaging in conduct directed specifically
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toward any Protected Person,
including following Protected Person, that is reasonably likely to harass, annoy, alarm, abuse,
torment, or embarrass Protected Person.
Prohibited from going to or near the residences or places of employment or business of
any Protected Person. The Court specifically prohibits Respondent from going to or near 6524
Old Mill Circle, Watauga, Texas 76148 and specifically requires Respondent to maintain at least
200 yards between himself and Applicant and the children subject of the Application for
Protective Order.
Prohibited from going to or near, or within! 00 yards of, any location where any Protected
Person is known by Respondent to be and further prohibited from remaining within I 00 yards
after Respondent becomes aware of Protected Person's presence.
Prohibited from going to or near the residences, child-care facilities, or schools Torrin
Troy Tuberville, Kristin Marie Tuberville and Joshua Edward Tuberville normally attend or in
which Torrin Troy Tuberville, Kristin Marie Tuberville and Joshua Edward Tuberville normally
reside. The Court specifically prohibits Respondent from going to or near Watauga Elementary
School, located at 5937 Whitley Rd, Watauga, TX 76148, and specifically requires Respondent
to maintain at least 200 yards between himself and Applicant and the children subject of the
Application for Protective Order.
Prohibited from removing Torrin Troy Tuberville, Kristin Marie Tuberville and Joshua
Edward Tuberville from the possession of Dionne M. Tuberville.
Prohibited from harming, threatening, or interfering with the care, custody, or control of a
pet, companion animal, or assistance animal, as defined by section 121.002 of the Texas Human
Resources Code, that is possessed by or in the actual or constructive care of any Protected
IMMO Dionne Tuberville and David Tuberville and !T/0 Torrin, Kristin, and Joshua Tuberville; Cause No. 360-564975-14
Page 3 of 5
Order Resetting Hearing and Extending Temporary Ex-parte Protective Order
Person.
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Prohibited from transferring, encwnbering, or otherwise disposing of property mutually
owned or leased by the parties, except when in the ordinary course of business.
Prohibited from possessing a firearm or ammunition, unless Respondent IS a peace
officer, as defined by section 1.07 of the Texas Penal Code, actively engaged in employment as a
sworn, full-time paid employee of a state agency or political subdivision.
Prohibited from interfering with Applicant's use of the residence located at 6524 Old Mill
Circle, Watauga, TX 76148, including but not limited to disconnecting utilities or telephone
service or causing such services to be disconnected.
The Court specifically prohibits Respondent from terminating, accessing, manipulating,
or otherwise altering the information contained on Applicant's cellular phone and any of the
information contained within Applicant's email accounts.
These protective orders shall be effective immediately and binding on Respondent and
shall continue in full force and effect for twenty days from the date this order is signed unless
terminated sooner by order of this Court.
The requirement of a bond is waived.
Warning
A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT
OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN JAIL FOR AS
LONG AS SIX MONTHS, OR BOTH.
NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER,
MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF
THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY
/MMO Dionne Tuberville and David Tuberville and ITIO Torrin, Kristin, and Joshua Tuberville; Cause No. 360-564975-14
Page 4 of 5
Order Resetting Hearing and Extending Temporary Ex-parte Protective Order
PROVISION OF THIS
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ORDER IS IN FULL FORCE AND
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EFFECT UNLESS A COURT
CHANGES THE ORDER.
IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
FIREARM OR AMMUNITION.
A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY
THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
FOR AT LEAST TWO YEARS.
IT IS UNLAWFUL FOR ANY PERSON WHO IS SUBJECT TO A PROTECTIVE
ORDER TO KNOWINGLY PURCHASE, RENT, LEASE, OR RECEIVE AS A LOAN OR
GIFT FROM ANOTHER, A HANDGUN FOR THE DURATION OF THIS ORDER.
INTERSTATE VIOLATION OF THIS PROTECTIVE ORDER MAY SUBJECT
RESPONDENT TO FEDERAL CRIMINAL PENAL TIES. THIS PROTECTIVE ORDER IS
ENFORCEABLE IN ALL FIFTY STATES, THE DISTRICT OF COLUMBIA, TRIBAL
LANDS, AND U.S. TERRITORIES.
Od-~
SIGNEDon ,;HJ ).ot'{at2:tXJ
I
!MMD Dionne Tuberville and David Tuberville andlT/0 Torrin, Kristin, and Joshua Tuberville; Cause No. 360-564975-14
Page 5 of5
Order Resetting Hearing and Extending Temporary Ex-parte Protective Order
Preview
' NOTICE: • THIS DOCUMENT CONTAINS SENSITIVE DATA • NO. 360-564975-14 IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § DIONNE M. TUBERVILLE § AND § DAVID E. TUBERVILLE § § 360™ JUDICIAL DISTRICT AND IN THE INTEREST OF § TORRIN TROY TUBERVILLE, § KRISTIN MARIE TUBERVILLE AND § JOSHUA EDWARD TUBERVILLE, § CHILDREN § TARRANTCOUNTY,TEXAS ORDER RESETTING HEARING AND EXTENDING TEMPORARY EX-PARTE ORDER On October 28, 20 I 4, came on to be heard the application of Dionne M. Tuberville Applicant for a protective order. Dionne M. Tuberville appeared in person nd through her attorney of record, J. Spencer Nilsson. Respondent appeared in person and through his attorney f record, Alexander Kim, and requested that the hearing be reset. A hearing was scheduled for October 28, 2014 before this Court, and upon the agreement of the parties, the hearing shall be reset and heard before this Court in the courthouse at 200 East Weatherford Street Fort Worth, Texas 76102, Texas, on November 14, 2014 at _ ,.1. . :. . ~....;:.·,D..\,L.O- A.M. This protective order is extended, effective immediately and shall continue in force and effect until further order of this Court or until it expires by operation of!aw. This order shall be binding on David E. Tuberville; on David E. Tuberville's agents, servants, and employees; and rvfrHI!ftES !MMD Dionne Tuberville and David Tuberville and JT/0 Torrtn, Kristin, and Joshua Tuberville; Cause No. ~6Q::~t1m}S Order Resetting Hearing and Extending Temporary Ex-parte Protective Order JP.:.l ,JV - TRANSACTION # ~ \ on those persons in active •concert or participation with them who • receive actual notice of this order by personal service or otherwise. The Court finds that there is an immediate need for the following protective orders to prevent family violence and to protect Applicant and other members of the family and that the orders are in the best interest of Applicant, Torrin Troy Tuberville, Kristin Marie Tuberville and Joshua Edward Tuberville. IT IS THEREFORE ORDERED that the Temporary Ex-parte Protective Order issued in this case is extended through November 14, 2014, and Respondent, Dav Tuberville, is hereby immediately: Prohibited from committing family violence physical, mental, emotional or verbal abuse of any nature, as defined by section 71.004 of the Texas Family Code. Prohibited from doing any act other than a defensive measure to protect Respondent that IS intended to result in physical harm, bodily injury, assault, or sexual assault against any Protected Person. Prohibited from doing any act other than a defensive measure to protect Respondent that is a threat that reasonably places any Protected Person in fear of imminent physical harm, bodily injury, assault, or sexual assault. Prohibited from committing abuse of a child of the family or household as defined by Texas Family Code section 26l.OOI(l)(C), (E), and (G). Prohibited from communicating directly with any Protected Person in a threatening or harassing manner. Prohibited from communicating a threat through any person to any Protected Person. Prohibited, on the basis of good cause shown, from communicating in any manner with any Protected Person except through Respondent's attorney or Dillon Perry. JMMO Dionne Tuberville and David Tuberville and IT/0 Torrin, Kristin, and Joshua Tuberville; Cause No. 360-564975-14 Page 2 of5 Order Resetting Hearing and Extending Temporary Ex-parte Protective Order Prohibited from • engaging in conduct directed specifically • toward any Protected Person, including following Protected Person, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass Protected Person. Prohibited from going to or near the residences or places of employment or business of any Protected Person. The Court specifically prohibits Respondent from going to or near 6524 Old Mill Circle, Watauga, Texas 76148 and specifically requires Respondent to maintain at least 200 yards between himself and Applicant and the children subject of the Application for Protective Order. Prohibited from going to or near, or within! 00 yards of, any location where any Protected Person is known by Respondent to be and further prohibited from remaining within I 00 yards after Respondent becomes aware of Protected Person's presence. Prohibited from going to or near the residences, child-care facilities, or schools Torrin Troy Tuberville, Kristin Marie Tuberville and Joshua Edward Tuberville normally attend or in which Torrin Troy Tuberville, Kristin Marie Tuberville and Joshua Edward Tuberville normally reside. The Court specifically prohibits Respondent from going to or near Watauga Elementary School, located at 5937 Whitley Rd, Watauga, TX 76148, and specifically requires Respondent to maintain at least 200 yards between himself and Applicant and the children subject of the Application for Protective Order. Prohibited from removing Torrin Troy Tuberville, Kristin Marie Tuberville and Joshua Edward Tuberville from the possession of Dionne M. Tuberville. Prohibited from harming, threatening, or interfering with the care, custody, or control of a pet, companion animal, or assistance animal, as defined by section 121.002 of the Texas Human Resources Code, that is possessed by or in the actual or constructive care of any Protected IMMO Dionne Tuberville and David Tuberville and !T/0 Torrin, Kristin, and Joshua Tuberville; Cause No. 360-564975-14 Page 3 of 5 Order Resetting Hearing and Extending Temporary Ex-parte Protective Order Person. • • Prohibited from transferring, encwnbering, or otherwise disposing of property mutually owned or leased by the parties, except when in the ordinary course of business. Prohibited from possessing a firearm or ammunition, unless Respondent IS a peace officer, as defined by section 1.07 of the Texas Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision. Prohibited from interfering with Applicant's use of the residence located at 6524 Old Mill Circle, Watauga, TX 76148, including but not limited to disconnecting utilities or telephone service or causing such services to be disconnected. The Court specifically prohibits Respondent from terminating, accessing, manipulating, or otherwise altering the information contained on Applicant's cellular phone and any of the information contained within Applicant's email accounts. These protective orders shall be effective immediately and binding on Respondent and shall continue in full force and effect for twenty days from the date this order is signed unless terminated sooner by order of this Court. The requirement of a bond is waived. Warning A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS, OR BOTH. NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY /MMO Dionne Tuberville and David Tuberville and ITIO Torrin, Kristin, and Joshua Tuberville; Cause No. 360-564975-14 Page 4 of 5 Order Resetting Hearing and Extending Temporary Ex-parte Protective Order PROVISION OF THIS • ORDER IS IN FULL FORCE AND • EFFECT UNLESS A COURT CHANGES THE ORDER. IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION. A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS. IT IS UNLAWFUL FOR ANY PERSON WHO IS SUBJECT TO A PROTECTIVE ORDER TO KNOWINGLY PURCHASE, RENT, LEASE, OR RECEIVE AS A LOAN OR GIFT FROM ANOTHER, A HANDGUN FOR THE DURATION OF THIS ORDER. INTERSTATE VIOLATION OF THIS PROTECTIVE ORDER MAY SUBJECT RESPONDENT TO FEDERAL CRIMINAL PENAL TIES. THIS PROTECTIVE ORDER IS ENFORCEABLE IN ALL FIFTY STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, AND U.S. TERRITORIES. Od-~ SIGNEDon ,;HJ ).ot'{at2:tXJ I !MMD Dionne Tuberville and David Tuberville andlT/0 Torrin, Kristin, and Joshua Tuberville; Cause No. 360-564975-14 Page 5 of5 Order Resetting Hearing and Extending Temporary Ex-parte Protective Order