Preview
Electronically Filed
1/27/2020 4:09 PM
Penny Clarkston, Smith County District Clerk
Reviewed By: Gina McClung
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA
20-0186-D
No.
IN THE MATTER OF
THE MARRIAGE OF
ELVIA BALDERAS HERNANDEZ
AND
JOSE ALBERTO MENDOZA BENITEZ
AND IN THE INTEREST OF
A.M.B. AND Y.E.M.B., CHILDREN SMITH COUNTY, TEXAS
ORIGINAL PETITION FOR DIVORCE REQUESTING EXTRAORDINARY RELIEF
1 Discovery Level
Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas
Rules of Civil Procedure.
2. Parties
This suit is brought by Elvia Balderas Hernandez, Petitioner.
Jose Alberto Mendoza Benitez is Respondent.
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.
4 Service
Process should be served on Respondent at wherever he may be found.
Protective Order Statement
No protective order under title 4 of the Texas Family Code, protective order under
Chapter 7A of the Texas Code of Criminal Procedure, or order for emergency protection under
Article 17.292 of the Texas Code of Criminal Procedure is in effect in regard to a party to this
suit or a child of a party to this suit and no application for any such order is pending.
Page 1 of 12
6. Dates of Marriage and Separation
The parties were married on or about January 2015 and ceased to live together as
spouses on or about January 20, 2020.
7. Grounds for Divorce
Respondent is guilty of cruel treatment toward Petitioner of a nature that renders further
living together insupportabie.
Alternatively, 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.
& 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: Alexander Mendoza Balderas
Sex: Male
Birth date: December 26, 2012
Name: Yamileth E. Mendoza Balderas
Sex: Female
Birth date: February 18, 2014
There are no court-ordered conservatorships, court-ordered guardianships, or other
court-ordered relationships affecting the children the subject of this suit.
Information required by section 154.181(b) and section 154.1815 of the Texas Family
Code will be provided at a later date.
No property of consequence is owned or possessed by the children the subject of this
suit.
The appointment of Petitioner and Respondent as joint managing conservators would
not be in the best interest of the children. Petitioner, on final hearing, should be appointed sole
managing conservator, with all the rights and duties of a parent sole managing conservator, and
Respondent should be ordered to provide support for the children, including the payment of
Page 2 of 12
child support and medical and dental 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 obligation of Respondent's estate.
Preceding the filing of this suit, Respondent has engaged in a history or pattern of child
neglect.
Petitioner requests that the Court consider this conduct in appointing Petitioner as sole
managing conservator or the parties as joint managing conservators.
There is a history or pattern of child neglect committed by Respondent. Petitioner
requests the Court to deny Respondent access to the children, Alternatively, Petitioner
requests that the Court render a possession order that provides that Respondent's periods of
visitation be continuously supervised by an entity or person chosen by the Court.
9. Division of Community Property
Petitioner requests the Court to divide the estate of Petitioner and Respondent 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. disparity of earning power of the spouses and their ability to support themselves;
the spouse to whom conservatorship of the children is granted;
needs of the children of the marriage;
earning power, business opportunities, capacities, and abilities of the spouses;
need for future support; and
9. attorney's fees to be paid.
10. 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
Page 3 of 12
separate property and estate.
11. 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:
1 Intentionally communicating with Petitioner in person or in any other manner,
including by telephone or another electronic voice transmission, video chat, in writing, or
electronic messaging, by use of vulgar, profane, obscene, or indecent language or in a coarse
or offensive manner, with intent to annoy or alarm Petitioner.
2 Threatening Petitioner in person or in any other manner, including by telephone
or another electronic voice transmission, video chat, in writing, or electronic messaging, to take
unlawful action against any person, intending by this action to annoy or alarm Petitioner.
3 Piacing a telephone call, anonymously, at any unreasonable hour, in an offensive
and repetitious manner, or without a legitimate purpose of communication with the intent to
annoy or alarm Petitioner.
4 Intentionally, knowingly, or recklessly causing bodily injury to Petitioner or to a
child of either party.
5 Threatening Petitioner or a child of either party with imminent bodily injury.
6 Intentionally, knowingly, or recklessly destroying, removing, concealing,
encumbering, transferring, or otherwise harming or reducing the value of the property of one or
both of the parties with intent to obstruct the authority of the Court to order a division of the
estate of the parties in a manner that the Court deems just and right, having due regard for the
rights of each party and the children of the marriage.
7. Intentionally falsifying a writing or record, including an electronic record, relating
to the property of either party.
Page4 of 12
8 Intentionally misrepresenting or refusing to disclose to Petitioner or to the Court,
on proper request, the existence, amount, or location of any tangible or intellectual property of
one or both of the parties, including electronically stored or recorded information.
9 Intentionally or knowingly damaging or destroying the tangible or intellectual
property of one or both of the parties, including electronically stored or recorded information.
10. Intentionally or knowingly tampering with the tangible or intellectual property of
one or both of the parties, including electronically stored or recorded information, and causing
pecuniary loss or substantial inconvenience to Petitioner.
11. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner
alienating any of the property of one or both of the parties, whether personal property, real
Property, or intellectual property, and whether separate or community property, except as
specifically authorized by order of this Court.
12. Incurring any debt, other than legal expenses in connection with this suit, except
as specifically authorized by order of this Court.
13. Withdrawing money 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 money in either party's possession or subject to either party's
control for any purpose, except as specifically authorized by order of this Court.
15. Withdrawing or borrowing money in any manner for any purpose from any
retirement, profit-sharing, pension, death, or other employee benefit plan, employee savings
plan, individual retirement account, or Keogh account of either party, except as specifically
authorized by order of this Court.
16. Withdrawing, transferring, assigning, encumbering, selling, or in any other
manner alienating any funds or assets held in any brokerage account, mutual fund account, or
investment account by one or both parties, regardless of whether the funds or assets are
community or separate property and whether the accounts are self-managed or managed by a
Page 5 of 12
third party, except as specifically authorized by order of this Court.
17. Withdrawing or borrowing in any manner ail or any part of the cash surrender
value of any life insurance policy on the life of either party or the parties’ children, except as
specifically authorized by order of this Court.
18. Entering any safe-deposit box in the name of or subject to the contro! of one or
both of the parties, whether individually or jointly with others.
19. Changing or in any manner altering the beneficiary designation on any life
insurance policy on the life of either party or the parties' children.
20. Canceling, altering, failing to renew or pay premiums on, or in any manner
affecting the level of coverage that existed at the time this suit was filed of, any life, casualty,
automobile, or health insurance policy insuring the parties’ property or persons including the
parties’ children.
21. Opening or diverting mail or e-mai! or any other electronic communication
addressed to Petitioner.
22, Signing or endorsing Petitioner's name on any negotiable instrument, check, or
draft, including a tax refund, insurance payment, and dividend, or attempting to negotiate any
negotiable instrument payable to Petitioner without the personal signature of Petitioner.
23. Taking any action to terminate or limit credit or charge cards in the name of
Petitioner.
24. Discontinuing or reducing the withholding for federal income taxes from either
party's wages or salary.
25. Destroying, disposing of, or altering any financial records of the parties, including
but not limited to a canceled check, deposit slip, and other records from a financial institution, a
record of credit purchases or cash advances, a tax return, and a financial statement.
26, Destroying, disposing of, or altering any e-mail, text message, video message, or
chat message or other electronic data or electronically stored information relevant to the subject
Page 6 of 12
matter of this case, whether stored on a hard drive, in a removable storage device, in cloud
storage or in another electronic storage medium.
27. Modifying, changing, or altering the native format or metadata of any electronic
data or electronically stored information relevant to the subject matter of this case, whether
stored on a hard drive, in a removable storage device, in cloud storage, or in another electronic
storage medium.
28. Deleting any data or content from any social network profile used or created by
either party or the parties’ children.
29. Using any password or personal identification number to gain access to
Petitioner's e-mail account, bank account, social media account, or any other electronic
account.
30. Terminating or in any manner affecting the service of water, electricity, gas,
telephone, cable television, or any other contractual service, including security, pest control,
landscaping, or yard maintenance, at 3107 Moorhead Street, Tyler, Texas 75701 or in any
manner attempting to withdraw any deposits for service in connection with any of those
services.
31. Excluding Petitioner from the use and enjoyment of the residence located at
3107 Moorhead Street, Tyler, Texas 75701.
32. Entering, operating, or exercising control over any motor vehicle in the
possession of Petitioner.
33. Disturbing the peace of the children or of another party.
34. Withdrawing the children from enrollment in the school or day-care facility where
the children are presently enrolled.
35. Hiding or secreting the children from Petitioner.
36. Making disparaging remarks regarding Petitioner or Petitioner's family in the
presence or within the hearing of the children.
Page 7 of 12
37. Discussing any litigation concerning the children in the presence or within the
hearing of the children.
38. Consuming alcohol within the 12 hours before or during the period of possession
of or access to the children.
39. Permitting an unrelated adult with whom Respondent has an intimate or dating
relationship to remain in the same residence with the children between the hours of 9:00 P.M.
and 9:00 A.M.
40. Consuming illicit drugs or medication without a valid, current prescription from a
medical doctor at any time.
41. Canceling, altering, failing to pay premiums, or in any manner affecting the
present level of coverage of any health insurance policy insuring 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.
12. Extraordinary Relief
As the basis for the extraordinary relief requested below, Petitioner would show
that before the filing of this petition Respondent has engaged in the conduct set forth in
the affidavit attached as Exhibit A. Based on that affidavit, Petitioner requests the Court
to grant the fallowing relief:
Issue an order attaching the bodies of the children, Alexander Mendoza Balderas
and Yamileth E. Mendoza Balderas and delivering them to the possession of the
Petitioner.
Page 8 of 12
issue an order excluding Respondent from possession of or access to the
children, Alexander Mendoza Balderas and Yamileth E. Mendoza Baideras.
issue an order excluding Respondent from Respondent's residence at 3107
Moorhead Street, Tyler, Texas 75701.
13. 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 3107
Moorhead Street, Tyler, Texas 75701, 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 her motor vehicle and enjoining
Respondent from entering, operating, or exercising control over it.
Awarding Petitioner the exclusive use of the following property and enjoining
Respondent from exercising possession or control of any of this property: any other personal
property in her possession or under her sole control.
14, 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 temporary sole managing conservator.
Page9 of 12
Ordering Respondent to provide support for the children, including the payment of child
support and medical and dental support in the manner specified by the Court, while this case is
pending.
Denying Respondent access to the children or, alternatively, rendering a possession
order providing that Respondent's periods of visitation be continuously supervised.
Ordering Respondent to produce copies of income tax returns for tax years 2016 - 2019,
a financial statement, and current pay stubs by a date certain.
15. 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.
16. 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 produce copies of all the information necessary to prepare
Petitioner's tax returns for tax years 2016 - 2019, including tax returns and all supporting
schedules for tax years 2016 - 2019, by a date certain.
Page 10 of 12
17. Request for Permanent Injunction
Petitioner requests the Court, after trial on the merits, to grant the permanent injunctions
as the Court deems necessary and appropriate.
18. Request for Change of Name
Petitioner requests to reserve the right to request a name change at the final hearing.
19. Attorney's Fees, Expenses, Costs, and interest
It was necessary for Petitioner to secure the services of Jeremy Coe, 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 children, judgment for attorney's fees, expenses, and costs
through trial and appeal should be granted against Respondent and in favor of Petitioner for the
use and benefit of Petitioner's attorney and be ordered paid directly to Petitioner's attorney, who
may enforce the judgment in the attomey's own name. Petitioner requests postjudgment
interest as allowed by law.
20. Prayer
Petitioner prays that citation and notice issue as required by law and that the Court grant
a divorce and all other relief requested in this petition.
Petitioner prays that the Court immediately grant a temporary restraining order
restraining Respondent, in conformity with the allegations of this petition, from the acts set forth
above, and Petitioner prays that, after notice and hearing, this temporary restraining order be
made a temporary injunction.
Petitioner prays that, on final hearing, the Court enter a permanent injunction enjoining
Respondent, in conformity with the allegations of this petition, from the acts set forth above.
Petitioner prays that Petitioner's name be changed as requested above.
Petitioner prays for attorney's fees, expenses, and costs as requested above.
Petitioner prays for general relief.
Page 11 of 12
Respectfully submitted,
COE ¢ ESTRADA LAW FIRM
423 South Spring Avenue
Tyler, Texas 75702
Tel: (903) 504-5386
Fax: (903) 504-5387
By:
Jeremy C.
State Bar No. 2400701
jeremy @coelaw.net
ATTORNEY FOR PETITIONER
Page 12 of 12
——
Exhibit A
AFFIDAVIT IN SUPPORT OF EXTRAORDINARY RELIEF
My name is Elvia Hernandez. | am above the age of eighteen years, and | am fully
competent to make this affidavit. The facts and circumstances alleged are true to the best of my
knowledge and belief.
“On or about January 20, 2020, the Respondent in this case, Jose Mendoza, became
upset with my oldest daughter over a text message. He kicked my 17-year-old daughter out of
our house. This caused an argument between Jose and | which lead to Jose also kicking me out
of the house and refusing to let me take our two youngest children, ages 7 and 5. To this day, |
have not seen or talked to my children. | have always been the primary caregiver of my children.
On January 21, 2020, | went back to the house in attempt to see my children. Jose showed
up within 10 minutes to the house and became violent with me. He snatched my glasses off my
face and put his had up to strike me. | put my hand up to block my face and he hit the back part
of my hand. He kicked me out of the house again and refused to give me my glasses, passport,
and |.D. The police were called on this day and they made Jose hand over my belongings. A
police report was also made regarding this incident.
On January 22, 2020, | returned to the house in attempt to see my children. | was not able
to go inside the house because Jose changed all of the locks to the doors at our house
“Lam asking the Court to help me protect myself and my children from the Respondent.”
FURTHER AFFIANT SAYETH NOT.
Elvia Hernandez’
we
SIGNED under oath before me on WW OE , 2020
nth
ROSARIO RETANO
Notary Public, State of Texas
Comm. Expires 05-15-2021
oe
Notary Public, State of Texas’
CU
“asi Notary ID 129424283
Page 1 of1
sect DEMPSEY
DISTRICT CLERK
IN THE SSFEB-& AKIO: 5b
321ST JUDICIAL DISTRICT COURT,
COUNTY COURT AT LAW SHIT, COUNTY. TEXAS
AND
COUNTY COURT AT LAW NUMBER TWO,
SMITH COUNTY, TEXAS
STANDING TEMPORARY RESTRAINING ORDER
Onthe \S__ dayof_ Fel , 1999 , came on to be considered the matter of
issuance of temporary orders as provided by the Local Rules of these Courts Qn
supplement to
the Texas Rules of Civil Procedures), effective _(— 199! and
she Courts being of the opinion that all parties to original divorce proceedings in the 32Ist
Judicial District Court, Counry Court at Law, and County
Court at Law Number Two of Smith
County, Texas, ought to be subject to a resi training order from the
date of institution of, suit or
service thereof and it appearing to the said Courts appro
priate to enter a STANDING
TEMPORARY RESTRAINING ORDER and the Court does
hereby enter this order which is
henceforth to be effective with respect to all parties to original
divorce proceedings receiving
actual or constructive notice thereof, and each third party
to original di vorce proceedings, and IT
IS THEREFORE ORDERED that Petitioner, Respondent
, and all third parties to said
proceedings ARE HEREBY RESTRAINED AND
ENJOINED FROM:
I Removing any minor child of the parties to a locat
ion beyond the Jurisdiction
of this Court unless authorized by vy this Court.
Consuming any illegal controlled substan ce (As that
term is defined in the Texas
Controlied Substance Act), 12 hours prior to and durin
g any period of possession
of the child(ren).
Engaging in any physical contact with a person with
the intent to receive or arouse
the sexual gratification of the party in possession
of the child(ren) while in the
Presence or sphere of presence of the child(ren).
Doing, or attempting to do, or threatening
to do any act ofinjury, embarrassment,
molestation, or harassment to the other spous
e or the child (or any of thechildren)
or any family member in pi ossession of the child(ren)
to which family member the
parents relinquished possession of the child (ren) or
acquiesced in said family
member's possession of the child(ren) forat least six
(6) months immediately
preceding the filing of the divorce petition.
ADDENDUM I
Making any derogatory or disparaging remarks against the other party to the
child(ren) or within the child(ren)’s hearing range or presence nor shall either
Party allow the child(ren) to be in the presence of anyone making disparaging or
derogatory remarks against the other party or the child(ren).
Selling, encumbering, contracting to sell, damaging, destroying, negotiating,
or otherwise disposing of or removing from the jurisdiction of this Court any
of the property, including monies on account in any financial institution, which
belong to the parties, except in the ordinary course of business or to make
expenditures and incur indebtedness for reasonable attomey’s fees, medical care,
and for reasonable and necessary living expenses for food, clothing, shelter, and
transportation. .
7. Terminating or in any manmer effecting the service of water, electricity, gas,
telephone, cable television, at the customary residence of the other spouse or in
any manner attempting to withdraw any deposits for service in connection with
such services.
8. Intentionally excluding the other Spouse from ingress and egress to the customary
residence of said spouse.
Taking any action to terminate or limit credit or charge e cards in the
possession of
the other spouse.
10. Incurring any credit purchase on any credit account or charge
card in the name of
either spouse except for the acq uisition on credit or reason
able attorney’s fees,
medical care, and reasonable and necess: ary living
expenses for food, clothin; 25
shelter, and transportation.
i Changing or in any manner alterin; ig the beneficiary designatio
n on any Jife.
insurance policy on the life of eith: lef spouse.
12.2. Canceling, altering, or in any manner effecting any
casualty, automobile, or health
insurance policies insuring the parties’ Property or person
s including the parties"
minor child(ren).
13 Forging the name of the other Spouse on any document.
ADDENDUM |
. ~
IT IS SO ORDERED this Ist day of February, 1999, effective from and after
the 1st day of February, 1999.
\W)
321
st fi ral District Court
A. DUNN,
At Law
dD
. Gus LN
vu |
RANDALL ROG} JUDGE
County Court At Law #2
Preview
Electronically Filed 1/27/2020 4:09 PM Penny Clarkston, Smith County District Clerk Reviewed By: Gina McClung NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA 20-0186-D No. IN THE MATTER OF THE MARRIAGE OF ELVIA BALDERAS HERNANDEZ AND JOSE ALBERTO MENDOZA BENITEZ AND IN THE INTEREST OF A.M.B. AND Y.E.M.B., CHILDREN SMITH COUNTY, TEXAS ORIGINAL PETITION FOR DIVORCE REQUESTING EXTRAORDINARY RELIEF 1 Discovery Level Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas Rules of Civil Procedure. 2. Parties This suit is brought by Elvia Balderas Hernandez, Petitioner. Jose Alberto Mendoza Benitez is Respondent. 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. 4 Service Process should be served on Respondent at wherever he may be found. Protective Order Statement No protective order under title 4 of the Texas Family Code, protective order under Chapter 7A of the Texas Code of Criminal Procedure, or order for emergency protection under Article 17.292 of the Texas Code of Criminal Procedure is in effect in regard to a party to this suit or a child of a party to this suit and no application for any such order is pending. Page 1 of 12 6. Dates of Marriage and Separation The parties were married on or about January 2015 and ceased to live together as spouses on or about January 20, 2020. 7. Grounds for Divorce Respondent is guilty of cruel treatment toward Petitioner of a nature that renders further living together insupportabie. Alternatively, 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. & 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: Alexander Mendoza Balderas Sex: Male Birth date: December 26, 2012 Name: Yamileth E. Mendoza Balderas Sex: Female Birth date: February 18, 2014 There are no court-ordered conservatorships, court-ordered guardianships, or other court-ordered relationships affecting the children the subject of this suit. Information required by section 154.181(b) and section 154.1815 of the Texas Family Code will be provided at a later date. No property of consequence is owned or possessed by the children the subject of this suit. The appointment of Petitioner and Respondent as joint managing conservators would not be in the best interest of the children. Petitioner, on final hearing, should be appointed sole managing conservator, with all the rights and duties of a parent sole managing conservator, and Respondent should be ordered to provide support for the children, including the payment of Page 2 of 12 child support and medical and dental 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 obligation of Respondent's estate. Preceding the filing of this suit, Respondent has engaged in a history or pattern of child neglect. Petitioner requests that the Court consider this conduct in appointing Petitioner as sole managing conservator or the parties as joint managing conservators. There is a history or pattern of child neglect committed by Respondent. Petitioner requests the Court to deny Respondent access to the children, Alternatively, Petitioner requests that the Court render a possession order that provides that Respondent's periods of visitation be continuously supervised by an entity or person chosen by the Court. 9. Division of Community Property Petitioner requests the Court to divide the estate of Petitioner and Respondent 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. disparity of earning power of the spouses and their ability to support themselves; the spouse to whom conservatorship of the children is granted; needs of the children of the marriage; earning power, business opportunities, capacities, and abilities of the spouses; need for future support; and 9. attorney's fees to be paid. 10. 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 Page 3 of 12 separate property and estate. 11. 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: 1 Intentionally communicating with Petitioner in person or in any other manner, including by telephone or another electronic voice transmission, video chat, in writing, or electronic messaging, by use of vulgar, profane, obscene, or indecent language or in a coarse or offensive manner, with intent to annoy or alarm Petitioner. 2 Threatening Petitioner in person or in any other manner, including by telephone or another electronic voice transmission, video chat, in writing, or electronic messaging, to take unlawful action against any person, intending by this action to annoy or alarm Petitioner. 3 Piacing a telephone call, anonymously, at any unreasonable hour, in an offensive and repetitious manner, or without a legitimate purpose of communication with the intent to annoy or alarm Petitioner. 4 Intentionally, knowingly, or recklessly causing bodily injury to Petitioner or to a child of either party. 5 Threatening Petitioner or a child of either party with imminent bodily injury. 6 Intentionally, knowingly, or recklessly destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties with intent to obstruct the authority of the Court to order a division of the estate of the parties in a manner that the Court deems just and right, having due regard for the rights of each party and the children of the marriage. 7. Intentionally falsifying a writing or record, including an electronic record, relating to the property of either party. Page4 of 12 8 Intentionally misrepresenting or refusing to disclose to Petitioner or to the Court, on proper request, the existence, amount, or location of any tangible or intellectual property of one or both of the parties, including electronically stored or recorded information. 9 Intentionally or knowingly damaging or destroying the tangible or intellectual property of one or both of the parties, including electronically stored or recorded information. 10. Intentionally or knowingly tampering with the tangible or intellectual property of one or both of the parties, including electronically stored or recorded information, and causing pecuniary loss or substantial inconvenience to Petitioner. 11. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of one or both of the parties, whether personal property, real Property, or intellectual property, and whether separate or community property, except as specifically authorized by order of this Court. 12. Incurring any debt, other than legal expenses in connection with this suit, except as specifically authorized by order of this Court. 13. Withdrawing money 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 money in either party's possession or subject to either party's control for any purpose, except as specifically authorized by order of this Court. 15. Withdrawing or borrowing money in any manner for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan, employee savings plan, individual retirement account, or Keogh account of either party, except as specifically authorized by order of this Court. 16. Withdrawing, transferring, assigning, encumbering, selling, or in any other manner alienating any funds or assets held in any brokerage account, mutual fund account, or investment account by one or both parties, regardless of whether the funds or assets are community or separate property and whether the accounts are self-managed or managed by a Page 5 of 12 third party, except as specifically authorized by order of this Court. 17. Withdrawing or borrowing in any manner ail or any part of the cash surrender value of any life insurance policy on the life of either party or the parties’ children, except as specifically authorized by order of this Court. 18. Entering any safe-deposit box in the name of or subject to the contro! of one or both of the parties, whether individually or jointly with others. 19. Changing or in any manner altering the beneficiary designation on any life insurance policy on the life of either party or the parties' children. 20. Canceling, altering, failing to renew or pay premiums on, or in any manner affecting the level of coverage that existed at the time this suit was filed of, any life, casualty, automobile, or health insurance policy insuring the parties’ property or persons including the parties’ children. 21. Opening or diverting mail or e-mai! or any other electronic communication addressed to Petitioner. 22, Signing or endorsing Petitioner's name on any negotiable instrument, check, or draft, including a tax refund, insurance payment, and dividend, or attempting to negotiate any negotiable instrument payable to Petitioner without the personal signature of Petitioner. 23. Taking any action to terminate or limit credit or charge cards in the name of Petitioner. 24. Discontinuing or reducing the withholding for federal income taxes from either party's wages or salary. 25. Destroying, disposing of, or altering any financial records of the parties, including but not limited to a canceled check, deposit slip, and other records from a financial institution, a record of credit purchases or cash advances, a tax return, and a financial statement. 26, Destroying, disposing of, or altering any e-mail, text message, video message, or chat message or other electronic data or electronically stored information relevant to the subject Page 6 of 12 matter of this case, whether stored on a hard drive, in a removable storage device, in cloud storage or in another electronic storage medium. 27. Modifying, changing, or altering the native format or metadata of any electronic data or electronically stored information relevant to the subject matter of this case, whether stored on a hard drive, in a removable storage device, in cloud storage, or in another electronic storage medium. 28. Deleting any data or content from any social network profile used or created by either party or the parties’ children. 29. Using any password or personal identification number to gain access to Petitioner's e-mail account, bank account, social media account, or any other electronic account. 30. Terminating or in any manner affecting the service of water, electricity, gas, telephone, cable television, or any other contractual service, including security, pest control, landscaping, or yard maintenance, at 3107 Moorhead Street, Tyler, Texas 75701 or in any manner attempting to withdraw any deposits for service in connection with any of those services. 31. Excluding Petitioner from the use and enjoyment of the residence located at 3107 Moorhead Street, Tyler, Texas 75701. 32. Entering, operating, or exercising control over any motor vehicle in the possession of Petitioner. 33. Disturbing the peace of the children or of another party. 34. Withdrawing the children from enrollment in the school or day-care facility where the children are presently enrolled. 35. Hiding or secreting the children from Petitioner. 36. Making disparaging remarks regarding Petitioner or Petitioner's family in the presence or within the hearing of the children. Page 7 of 12 37. Discussing any litigation concerning the children in the presence or within the hearing of the children. 38. Consuming alcohol within the 12 hours before or during the period of possession of or access to the children. 39. Permitting an unrelated adult with whom Respondent has an intimate or dating relationship to remain in the same residence with the children between the hours of 9:00 P.M. and 9:00 A.M. 40. Consuming illicit drugs or medication without a valid, current prescription from a medical doctor at any time. 41. Canceling, altering, failing to pay premiums, or in any manner affecting the present level of coverage of any health insurance policy insuring 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. 12. Extraordinary Relief As the basis for the extraordinary relief requested below, Petitioner would show that before the filing of this petition Respondent has engaged in the conduct set forth in the affidavit attached as Exhibit A. Based on that affidavit, Petitioner requests the Court to grant the fallowing relief: Issue an order attaching the bodies of the children, Alexander Mendoza Balderas and Yamileth E. Mendoza Balderas and delivering them to the possession of the Petitioner. Page 8 of 12 issue an order excluding Respondent from possession of or access to the children, Alexander Mendoza Balderas and Yamileth E. Mendoza Baideras. issue an order excluding Respondent from Respondent's residence at 3107 Moorhead Street, Tyler, Texas 75701. 13. 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 3107 Moorhead Street, Tyler, Texas 75701, 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 her motor vehicle and enjoining Respondent from entering, operating, or exercising control over it. Awarding Petitioner the exclusive use of the following property and enjoining Respondent from exercising possession or control of any of this property: any other personal property in her possession or under her sole control. 14, 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 temporary sole managing conservator. Page9 of 12 Ordering Respondent to provide support for the children, including the payment of child support and medical and dental support in the manner specified by the Court, while this case is pending. Denying Respondent access to the children or, alternatively, rendering a possession order providing that Respondent's periods of visitation be continuously supervised. Ordering Respondent to produce copies of income tax returns for tax years 2016 - 2019, a financial statement, and current pay stubs by a date certain. 15. 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. 16. 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 produce copies of all the information necessary to prepare Petitioner's tax returns for tax years 2016 - 2019, including tax returns and all supporting schedules for tax years 2016 - 2019, by a date certain. Page 10 of 12 17. Request for Permanent Injunction Petitioner requests the Court, after trial on the merits, to grant the permanent injunctions as the Court deems necessary and appropriate. 18. Request for Change of Name Petitioner requests to reserve the right to request a name change at the final hearing. 19. Attorney's Fees, Expenses, Costs, and interest It was necessary for Petitioner to secure the services of Jeremy Coe, 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 children, judgment for attorney's fees, expenses, and costs through trial and appeal should be granted against Respondent and in favor of Petitioner for the use and benefit of Petitioner's attorney and be ordered paid directly to Petitioner's attorney, who may enforce the judgment in the attomey's own name. Petitioner requests postjudgment interest as allowed by law. 20. Prayer Petitioner prays that citation and notice issue as required by law and that the Court grant a divorce and all other relief requested in this petition. Petitioner prays that the Court immediately grant a temporary restraining order restraining Respondent, in conformity with the allegations of this petition, from the acts set forth above, and Petitioner prays that, after notice and hearing, this temporary restraining order be made a temporary injunction. Petitioner prays that, on final hearing, the Court enter a permanent injunction enjoining Respondent, in conformity with the allegations of this petition, from the acts set forth above. Petitioner prays that Petitioner's name be changed as requested above. Petitioner prays for attorney's fees, expenses, and costs as requested above. Petitioner prays for general relief. Page 11 of 12 Respectfully submitted, COE ¢ ESTRADA LAW FIRM 423 South Spring Avenue Tyler, Texas 75702 Tel: (903) 504-5386 Fax: (903) 504-5387 By: Jeremy C. State Bar No. 2400701 jeremy @coelaw.net ATTORNEY FOR PETITIONER Page 12 of 12 —— Exhibit A AFFIDAVIT IN SUPPORT OF EXTRAORDINARY RELIEF My name is Elvia Hernandez. | am above the age of eighteen years, and | am fully competent to make this affidavit. The facts and circumstances alleged are true to the best of my knowledge and belief. “On or about January 20, 2020, the Respondent in this case, Jose Mendoza, became upset with my oldest daughter over a text message. He kicked my 17-year-old daughter out of our house. This caused an argument between Jose and | which lead to Jose also kicking me out of the house and refusing to let me take our two youngest children, ages 7 and 5. To this day, | have not seen or talked to my children. | have always been the primary caregiver of my children. On January 21, 2020, | went back to the house in attempt to see my children. Jose showed up within 10 minutes to the house and became violent with me. He snatched my glasses off my face and put his had up to strike me. | put my hand up to block my face and he hit the back part of my hand. He kicked me out of the house again and refused to give me my glasses, passport, and |.D. The police were called on this day and they made Jose hand over my belongings. A police report was also made regarding this incident. On January 22, 2020, | returned to the house in attempt to see my children. | was not able to go inside the house because Jose changed all of the locks to the doors at our house “Lam asking the Court to help me protect myself and my children from the Respondent.” FURTHER AFFIANT SAYETH NOT. Elvia Hernandez’ we SIGNED under oath before me on WW OE , 2020 nth ROSARIO RETANO Notary Public, State of Texas Comm. Expires 05-15-2021 oe Notary Public, State of Texas’ CU “asi Notary ID 129424283 Page 1 of1 sect DEMPSEY DISTRICT CLERK IN THE SSFEB-& AKIO: 5b 321ST JUDICIAL DISTRICT COURT, COUNTY COURT AT LAW SHIT, COUNTY. TEXAS AND COUNTY COURT AT LAW NUMBER TWO, SMITH COUNTY, TEXAS STANDING TEMPORARY RESTRAINING ORDER Onthe \S__ dayof_ Fel , 1999 , came on to be considered the matter of issuance of temporary orders as provided by the Local Rules of these Courts Qn supplement to the Texas Rules of Civil Procedures), effective _(— 199! and she Courts being of the opinion that all parties to original divorce proceedings in the 32Ist Judicial District Court, Counry Court at Law, and County Court at Law Number Two of Smith County, Texas, ought to be subject to a resi training order from the date of institution of, suit or service thereof and it appearing to the said Courts appro priate to enter a STANDING TEMPORARY RESTRAINING ORDER and the Court does hereby enter this order which is henceforth to be effective with respect to all parties to original divorce proceedings receiving actual or constructive notice thereof, and each third party to original di vorce proceedings, and IT IS THEREFORE ORDERED that Petitioner, Respondent , and all third parties to said proceedings ARE HEREBY RESTRAINED AND ENJOINED FROM: I Removing any minor child of the parties to a locat ion beyond the Jurisdiction of this Court unless authorized by vy this Court. Consuming any illegal controlled substan ce (As that term is defined in the Texas Controlied Substance Act), 12 hours prior to and durin g any period of possession of the child(ren). Engaging in any physical contact with a person with the intent to receive or arouse the sexual gratification of the party in possession of the child(ren) while in the Presence or sphere of presence of the child(ren). Doing, or attempting to do, or threatening to do any act ofinjury, embarrassment, molestation, or harassment to the other spous e or the child (or any of thechildren) or any family member in pi ossession of the child(ren) to which family member the parents relinquished possession of the child (ren) or acquiesced in said family member's possession of the child(ren) forat least six (6) months immediately preceding the filing of the divorce petition. ADDENDUM I Making any derogatory or disparaging remarks against the other party to the child(ren) or within the child(ren)’s hearing range or presence nor shall either Party allow the child(ren) to be in the presence of anyone making disparaging or derogatory remarks against the other party or the child(ren). Selling, encumbering, contracting to sell, damaging, destroying, negotiating, or otherwise disposing of or removing from the jurisdiction of this Court any of the property, including monies on account in any financial institution, which belong to the parties, except in the ordinary course of business or to make expenditures and incur indebtedness for reasonable attomey’s fees, medical care, and for reasonable and necessary living expenses for food, clothing, shelter, and transportation. . 7. Terminating or in any manmer effecting the service of water, electricity, gas, telephone, cable television, at the customary residence of the other spouse or in any manner attempting to withdraw any deposits for service in connection with such services. 8. Intentionally excluding the other Spouse from ingress and egress to the customary residence of said spouse. Taking any action to terminate or limit credit or charge e cards in the possession of the other spouse. 10. Incurring any credit purchase on any credit account or charge card in the name of either spouse except for the acq uisition on credit or reason able attorney’s fees, medical care, and reasonable and necess: ary living expenses for food, clothin; 25 shelter, and transportation. i Changing or in any manner alterin; ig the beneficiary designatio n on any Jife. insurance policy on the life of eith: lef spouse. 12.2. Canceling, altering, or in any manner effecting any casualty, automobile, or health insurance policies insuring the parties’ Property or person s including the parties" minor child(ren). 13 Forging the name of the other Spouse on any document. ADDENDUM | . ~ IT IS SO ORDERED this Ist day of February, 1999, effective from and after the 1st day of February, 1999. \W) 321 st fi ral District Court A. DUNN, At Law dD . Gus LN vu | RANDALL ROG} JUDGE County Court At Law #2