Legal Document: AMANDA WARD VS VONTA VISHON WARD

On December 22, 2008 a AN APPLICATION FOR PROTECTIVE ORDER - Original Petition Non-Mapped was filed involving a dispute between Ward, Amanda, and Ward, Vonta Vishon, for Divorce with Children in the District Court of Montgomery County.

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LN THE MATTER OF
THE MARRIAGE OF

AMANDA WARD MONTGOMERY COUNTY, TEXAS

AND
VONTA VISHON WARD
AND IN THE INTEREST OF

VONTA LAWRENCE WARD
CHILD 9E AJCJUDICLAL DISTRICT

AN APPLICATION FOR A PROTECTIVE ORDER
1. Discoveg Level

Discovery in this case is intended to be conducted under level 2 of rulc 190 of the

Texas Rules of Civil Procedure.

2. Obiection to Assignment of Case to Associate Judge

Applicant objects to the assiglment 0f this matter to an associate judge for a trial on

the merits or presiding at ajury trial.

3~ mic;
Applicant isAMANDA YVETTE WARD, who resides in Montgomery County,

Texas.

Respondent is VONTA VISHON WARD, who resides at 29711 S. Legends Creek

Court, Spring, Texas 77386.

4. Service a
Ma
Process should be served on VONTA VISHON WARD, who resides at 29711 S. 6" ’

J. a

Legends Creek Coun, Spring, Texas 77386. ;
K,
5. Relationshi of Parties

Applicant, AMANDA YVETTE WARD is the wife of Respondent, VONTA
VISHON WARD and the parties were residing together at 29711 S. Legends Creek

Court, Spring, Montgomery County, Texas until December 18, 2008.

6. Grounds

Respondent, VONTA VISHON WARD, has engaged in conduct that constitutes

family violence.

Respondent, VONTA VISHON WARD committed acts that were intended by
Respondent to result in physical harm, bodily injury, and threats that reasonably

placed Applicant, AMANDA YVETTE WARD, in fear of imminent physical harm,

bodily injury, and assault. Respondent’s acts therefore constitute family violence.

7. Reguest for Order

Applicant requests the Court, after notice and hean'ng, to issue its protective order:

1. Prohibiting Respondent ﬁom committing family violence as deﬁned in section

71.004 of the Texas Family Code.

2. Prohibiting Respondent from communicating directly with Applicant,

AMANDA YVETTE WARD or family in a threatening or harassing manner.
3. Prohibiting Respondent from communicating a threat through any person to

Applicant AMANDA YVETTE WARD or her family.
4. Prohibiting Respondent from engag’ng in conduct directed speciﬁcally toward

Applicant AMANDA YVETTE WARD or her family, including following,
Applicant, AMANDA YVETTE WARD, that is likely to harass, annoy,

alaxm, abuse, torment, or embarrass, AMANDA YVETTE WARD.

5. Prohibiting Respondent from going lo or near the residence or place of

employment or business of Applicant, AMANDA YVETTE WARD.
Applicant requests the Court to speciﬁcally prohibit Respondent from going to

or near her place of employment and to speciﬁcally require Respondent to

maintain a distance of 200 feet ﬁ’om the location.

6. Prohibiting Respondent ﬁ‘om removing the minor child, VONTA

LAWRENCE WARD from the possession of AMANDA YVETTE WARD or

the jurisdiction of the Court.

7. Prohibiting Respondent from transferring, encumben'ng, or otherwise

disposing of property mutually owned or leased by the parties, except when in

the ordinary course of business.

8. Requiring Respondent to complete a battering intervention and prevention

program or counseling as provided by section 85.022(a) of the Texas Family

Code.

9. Awarding Applicant exclusive use and possession of the following property

which is community property: Homestead located at 2971 11 S.Legends

Creek Coun, Spring, Texas 77386.

10. Granting Applicant exclusive possession of the child, VONTA LAWRENCE

WARD, and specifying the terms of Respondent’s access to the child.

11. Ordering Respondent to pay support for the child.

10. REQUEST FOR TEMPORARY EX PARTE ORDER
Before the ﬁling of this application, Respondent has engaged in conduct that

constitutes family violence. My husband has been violent with me throughout our

marriage since we were ﬁrst married on July 16, 2005.

Most recently on September l4, 2008, during Hurricane Ike, my husband wanted me to

take our baby with me to go back to our home to see if the lights were on. We had been

staying at his parents home during the hurricane. We had an argument while he was

strapping in the baby in the car. My husband then proceeded to pull my hair out and he
hit me across the face with his hands. I shut the door and backed out of the driveway. My
husband followed me on the freeway and he pulled in front of me and stepped on the

brakes. Ipulled over and stopped because I did not want his actions to cause an accident.

He then took the baby out of the car and leﬁ with my child.

On July 6, 2008 my husband got into another argument with me when he returned from

the Essence Music Festival. He got upset because he said the dishes had not been washed.

He started washing the dishes and Iwalked over to him to tellhim he did not need to

wash the dishes and he pushed me down to the ﬂoor and l fellon my baby. He then

picked up a candle on the counter and threw itat the stove, where itshattered glass on the

stove.

On February 3, 3006 we got into an argument while driving down the ﬁ'eeway. Igrabbed

at the steering wheel to try to make him exit the freeway. He pulled the car over and he

pulled a Iot ofmy hair out ofmy head and pulled me out ofthe car and he threw my

shoes at me on the side of the road. He leﬁ me on the side of the road at about 6 p.m to 7

p.m. all alone. He came back about thirty minutes later as I was walking down the road.
Ifear he will try to harm me again aﬂer he is sewed with the petition for divorce,

temporary restraining order and protective orders. (See Exhibit A)

Based on the conduct of Respondent as alleged, Applicant reasonably fears that

there is a clear and present danger of family violence, which will cause Applicant

immediate and irreparable injury, loss, and damage, for which Applicant has no adequate

remedy at law.

Applicant therefore requests the Court, immediately and without healing Io issue

a temporary ex pane order for the protection of Applicant and her family.

1.Prohibiting Respondent from committing family violence as deﬁned in section

71.004 ofthe Texas Family Code.

2.Prohibiting Respondent ﬁ'om communicating directly with Applicant,

AMANDA YV ETTE WARD or family in a threatening or harassing manner.
3.Prohibiting Respondent ﬁom communicating a threat through any person Io

Applicant AMANDA YVETI'E WARD or her family.

4.Prohibiting Respondent from engaging in conduct directed speciﬁcally toward

Applicant AMANDA YVETTE WARD or her family, including following,

Applicant, AMANDA YVETTE WARD, that is likely to harass, annoy, alarm,
abuse, torment, or embarrass, AMANDA YVETTE WARD.
5.Prohjbiting Respondent ﬁom going to or near the residence or place of

employment or business of Applicant, AMANDA YVETTE WARD. Applicant

requests the Court to speciﬁcally prohibit Respondent ﬁom going Io or near her
place of employment and lo speciﬁcally require Respondent to maintain a

distance 0f 200 feet from the location.

6. Prohibiting Respondent from removing the minor child, VONTA

LAWRENCE WARD from the possession of AMANDA WETTE WARD or
the jurisdiction of the Court.

7. Prohibiting Respondent from transferring, encumbering, or otherwise

disposing of property mutually owned or leased by the parties, except when in

the ordinary course of business.

8. Requiring Respondent to complete a battering intervention and prevention

progam or counseling as provided by section 85.022(a) of the Texas Family

Code.

9. Awarding Applicant exclusive use and possession of the following property

which is community propeny: Homestead located at 29711 l S. Legends

Creek Court, Spring, Texas 77386.

IO. Granting Applicant exclusive possession of the child, VONTA LAWRENCE
WARD, and specifying the terms of Respondent’s access to the child.

11. Ordering Respondent to pay support for the child

11.Waiver of Bond

Applicant requests the Court to dispense with the necessity of a bond.

12. Best Interest

The protective order requested is in the best interest of the family, household, or member

of the family or household.

13.Attornex’s Fees and Costs
The Court should assess against the Respondent, VONTA VISHON WARD, a

reasonable anomey’s fee as compensation for attorney, Richard W. Wilkinson, Jr, and

judgnent should be rendered in favor of attorney, Richard W. Wilkinson, Jr.

Applicant requests that Respondent be ordered to pay reasonable attomey’s fees, any

protective order fees, the cost of service of the protective order, the costs of court, and all

other fees, charges, or expenses incurred in connection with the protective order.

l4. P_ram

Applicant prays that notice ofthis Application for a Protective Order issue as required by

law and that the Court enter the protective orders as requested in this application.

Applicant further prays that the Court immediately issue a temporary protective order, cx

pane, in conformity with the allegations stated above, prohibiting Respondent from thc

acts set forth above until a hearing can be held.

Applicant prays that a hearing be held no later than the fourteenth day aﬂer the date this

application is ﬁled; that, aﬁer notice and hearing, the Court gant the relief requested

above; and that the Court dispense with the necessity of a bond.

Applicant prays for attomey’s fees, costs, charges, and expenses.

Applicant prays for general relief

MW4M.
CHAR]:
ATTORNEY
1314 TEXAS,
w. WILKINSON
FOR APPLICANT
SUITE 1710
JR

HOUSTON, TEXAS 77002
TEL. No. (713) 225-0505
FAX. N0. (713) 225-0900
STATE BAR N0. 21495000
v

NOTICE OF HEARING

IT IS FURTHER ORDERED that the clerk shall issue notice to Respondent, VONTA

VISHON WARD to appear, and Respondent is ORDERED to appear in person, before

this Court in the courthouse at Conroe, Texas, on at _.m.
The purpose of this hearing isto determine whether the Court should issue a protective

order in accordance with this application.

This hearing is also to determine whether the Couit should assess reasonable artomey’s

fees against VONTA VISHON WARD to be awarded to attorney Richard W. Wilkinson,

Jr.

SIGNED ON

JUDGE PRESIDING
NO.

TN THE MATTER OF IN THE DISTRICT COURT OF
THE MARRIAGE OF

AMANDA WARD MONTGOMERY COUNTY, TEXAS

AND
VONTA VISHON WARD
AND IN THE INTEREST OF

VONTA LAWRENCE WARD
CHILD JUDICIAL DISTRICT

AFFIDAVIT IN SUPPORT 0F EX PARTE RELIEF

I,AMANDA YVET’I‘E WARD, am the applicant in the above Application for a

Protective Order. I am above the age of eighteen years, and Iam fully competent to make

this afﬁdavit. The facts and circumstances alleged are true to the best of my knowledge

and belief.

I,AMAND YVETTE WARD am married to Respondent, VONITA VISHON WARD
and we have been residing at 2971] S. Legends Creek Court, Spring, Montgomery

County, Texas 77386.

Iam ﬁling for divorce against my husband to the extreme cruelty and violence in our

marriage. Iam seeking an ex pane protective order and a temporary restraining order to

to the fact that Ibelieve that my husband, Respondent, VONITA VISHON WARD will
become violent with me when he is served with the petition for divorce.

My husband has been violent with me throughout our marriage since we were ﬁrst
married on July l6, 2005.

fXﬁ/ﬂ/ 7 ﬁ'
Most recently on September 14, 2008, during Hurricane Ike, my husband wanted me to

take our baby with me to go back to our home to see if the lights were on. We had been

staying at his parents home during the hurricane. We had an argument while he was

strapping in the baby in the car. My husband then'proceeded to pull my hair out and he
hit me across the face with his hands. I shut the door and backed out of the dIiveway. My
husband followed me on the freeway and he pulled in ﬁ‘ont of me and stepped on the

brakes. lpulled over and stopped because I did not want his actions to cause an accident.

He then took the baby out of the car and leﬂ with my child. I am now seven (7) months

pregnant and Iwas pregnant when this occurred.

On July 6, 2008 my husband got into another argument with me when he returned from

the Essence Music Festival. He got upset because he said the dishes had not been washed.

He started washing the dishes and I walked over to him to tellhim he did not need to

wash the dishes and he pushed me down to the floor. He then picked up a candle on the

counter and threw itat the stove, where itshattered glass on the stove. I was also

pregnant when this occurred.

0n February 3, 2006 we got into an argument while driving down the freeway. I grabbed

at the steering wheel to try to make him exit the ﬁ-eeway. He pulled the car over and hc

pulled a lot ofmy hair out of my head and pulled me out of the car and he threw my

shoes at me on the side ofthe road. He leﬂ me on the side ofthe road at about 6 p.m t0 7

p.m. all alone. He came back about thirty minutes later as I was walking down the roadi

I fear he will try to harm me again aﬁer he is served with the petition for divorce,

temporary restraining order and protective orders.

AMANDA YVETTE WARD
/
APPLICANT

SIGNED under oath before me on {'me bu) 32% MK .

NOTARYP L1 , OFTEXAS

MARVIZAF GUZMAN
Mv COMMISSON EXPIRES
Apri4,2009

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