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CAUSE NO. -07015-158
INTHE MATTEROF THE INTHE DISTRICT COURT
MARRIAGE OF
STEPHANIE MARIE ADAMS
KEVINJAMES ADAMS 158 JUDICIAL DISTRICT
AND INTHE INTEREST OF
KEA and RAA,
MINOR CHILDREN DENTON COUNTY, TEXAS
STEPHANIE ADAMS’ APPLICATION FOR A PROTECTIVE ORDER
Discovery Level
Discovery in this case is intended to be conducted under level 2Bof rule 190 of the Texas
Rules of Civil Procedure.
Objection to Assignment of Case to Associate
J udge
Applicant 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 Application for a Protective Order is brought by STEPHANIE MARIE ADAMS,
Applicant, who is a resident of Denton County, Texas. The last three numbers of Applicant’s
driver’s license number are not available at this time. The last three numbers of Applicant’s
Social Security number are not available at this time. This Application for a Protective Order is
brought for the protection of STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and
RIVEN ABIGAIL ADAMS, who are residents of Denton County, Texas. Respondent is KEVIN
JAMES ADAMS, who resides in Denton County, Texas.
Service
Process should be served on Respondent at his home address 9111 Rio Blanco Drive,
Frisco, TX 75033, or at his place of employment, Blue Mountain Equipment, located at 1800 S.
Airport Drive, McKinney, TX 75069 or wherever he may be found.
Relationship of Parties
Applicant is the spouse of Respondent.
The children for whom a protective order is sought are subject to the continuing
jurisdiction of any court as a divorce case is pending in this court under this cause number.
Grounds
Respondent has engaged in conduct that constitutes family violence.
Respondent committed acts that were intended by Respondent to result in physical harm,
bodily injury, assault, or sexual assault or were threats that reasonably placed STEPHANIE
MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS in fear of
imminent physical harm, bodily injury, assault, or sexual assault. Respondent’s acts therefore
constitute family violence.
Respondent committed acts of abuse toward STEPHANIE MARIE ADAMS, KARIS
ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS that constitute family violence. The acts of
abuse committed by Respondent that constitute family violence were: physical injury that
resulted in substantial harm to STEPHANIE MARIE ADAMS and RIVEN ABIGAIL ADAMS
or the genuine threat of substantial harm from physical injury to STEPHANIE MARIE ADAMS
and RIVEN ABIGAIL ADAMS that was harmful to the mental, emotional, or physical welfare
of STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL
ADAMS.
Respondent’s conduct was reasonably likely to harass, annoy, alarm, abuse, torment, or
embarrass STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL
ADAMS. Such conduct is set forth in Exhibit A, the affidavit of STEPHANIE MARIE ADAMS.
Good cause exists for prohibiting Respondent from communicating with STEPHANIE
MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS except through
Respondent’s attorney or a person appointed by the Court, as requested below.
The residence at 9111 Rio Blanco Drive, Frisco, TX 75033 is owned jointly by Applicant
and Respondent, and Respondent has an obligation to support Applicant and the children.
9. Request for Protective Order
Applicant requests the Court, after notice and hearing, to issue its protective order:
1 Prohibiting Respondent from committing family violence as defined in section
71.004 of the Texas Family Code.
2 Prohibiting Respondent from communicating directly with STEPHANIE MARIE
ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS ina threatening or
harassing manner.
3 Prohibiting Respondent from communicating a threat through any person to
STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS.
4, On a finding of good cause, prohibiting Respondent from communicating in any
manner with STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN
ABIGAIL ADAMS except through Respondent’s attorney or a person appointed by the Court.
5 Prohibiting Respondent from engaging in conduct directed specifically toward
STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS,
including following STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN
ABIGAIL ADAMS, that is reasonably likely to harass, annoy, alarm, abuse, torment, or
2
embarrass STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL
ADAMS.
6 Prohibiting Respondent from going to or near, or within 500 feet of, any location
where STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL
ADAMS are known by Respondent to be and from remaining within 500 feet after Respondent
becomes aware of their presence.
1
Prohibiting Respondent from going to or near the residence or place of
employment or business of STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and
RIVEN ABIGAIL ADAMS.
8 Prohibiting Respondent from going to or near the residences, child care
facility/facilities, or schools of KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS
normally attend or in which KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS
normally resides. Applicant requests the Court to specifically prohibit Respondent from going to
or near [specify location[s] prohibited] and to maintain a distance of 500 feet therefrom.
9 Prohibiting Respondent from removing KARIS ELIVIAN ADAMS, and RIVEN
ABIGAIL ADAMS from the possession of STEPHANE MARIE ADAMS.
10. 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.
ll. Prohibiting Respondent 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.
12. Suspending Respondent’s license to carry a concealed handgun issued under
subchapter H, chapter 411, of the Texas Government Code.
13. Granting Applicant exclusive possession of the parties’ residence 9111 Rio
Blanco Drive, Frisco, TX 75033and ordering Respondent to vacate the residence.
14. Requiring Respondent to complete a battering intervention and prevention
program or counseling as provided by section 85.022(a) of the Texas Family Code.
15. Awarding Applicant exclusive use and possession of the following property,
which is community property: 2007 Chevrolet Tahoe and ordering Respondent to return same to
her possession.
16. Granting Applicant exclusive possession of the children, KARIS ELIVIAN
ADAMS, and RIVEN ABIGAIL ADAMS, and specifying the terms of Respondent’s access to
the children.
17. Ordering Respondent to pay support for KARIS ELIVIAN ADAMS, and RIVEN
ABIGAIL ADAMS.
Applicant requests the Court to render a written order to the sheriff /constable to provide
a law enforcement officer from the department of the sheriff /constable] to accompany A pplicant
to the parties’ residence, to inform Respondent that the Court has ordered Respondent excluded
from the residence, to protect A pplicant while A pplicant takes possession of the residence and
Respondent takes possession of Respondent’s necessary personal property, and, if Respondent
refuses to vacate the residence, to remove Respondent from the residence and arrest Respondent
for violating the Court’s order.
10. Request for Temporary Ex Parte Order
Before the filing of this application, Respondent has engaged in conduct that constitutes
family violence. Respondent has physically assaulted A pplicant while holding a child. There is
an immediate need for the protective order requested in this application.
Based on the conduct of Respondent as alleged, A pplicant 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 A pplicant has no adequate remedy at law.
Applicant therefore requests the Court, immediately and without hearing, to issue a
temporary ex parte order for the protection of STEPHANIE MARIE ADAMS, KARIS
ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS:
1 Prohibiting Respondent from committing family violence as defined in section
71.004 of the Texas Family Code.
2 Prohibiting Respondent from communicating directly with STEPHANIE MARIE
ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS. in a threatening or
harassing manner.
3 Prohibiting Respondent from communicating a threat through any person to
STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS.
4 On a finding of good cause, prohibiting Respondent from communicating in any
manner with STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN
ABIGAIL ADAMS except through Respondent’s attorney or a person appointed by the Court.
5. Prohibiting Respondent from engaging in conduct directed specifically toward
STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS,
including following STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN
ABIGAIL ADAMS, that is reasonably likely to harass, annoy, alarm, abuse, torment, or
embarrass STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL
ADAMS.
6 Prohibiting Respondent from going to or near, or within 500 feet of, any location
where STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL
ADAMS are known by Respondent to be and from remaining within 500 feet after Respondent
becomes aware of their presence.
7 Prohibiting Respondent from going to or near the residences or place of
employment or business of STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and
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RIVEN ABIGAIL ADAMS. Applicant requests the Court to specifically prohibit Respondent
from going to or near 9111 Rio Blanco Drive, Frisco, TX 75033 and to specifically require
Respondent to maintain a distance of 500 feet therefrom.
8 Prohibiting Respondent from going to or near the residences, child care
facility/facilities, or schools of KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS
normally attend or in which KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS
normally resides. A pplicant requests the Court to specifically prohibit Respondent from going to
or near 9111 Rio Blanco Drive, Frisco, TX 75033 and to maintain a distance of 500 feet
therefrom.
9 Prohibiting Respondent from removing KARIS ELIVIAN ADAMS, and RIVEN
ABIGAIL ADAMS from the possession of STEPHANIE MARIE ADAMS, and ordering him to
immediately return the children if in his possession.
10. 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.
11. Prohibiting Respondent 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.
12. Granting Applicant exclusive possession of the parties’ residence at 9111 Rio
Blanco Drive, Frisco, TX 75033 and ordering Respondent to vacate the residence.
13. Granting Applicant exclusive use and possession of her 2007 Chevrolet Tahoe
and excluding Respondent from same, and ordering Respondent to retum same to her
immediately.
Applicant requests the Court to render a written order to the sheriff /constable to provide
a law enforcement officer from the department of the sheriff /constable] to accompany A pplicant
to the parties’ residence, to inform Respondent that the Court has ordered Respondent excluded
from the residence, to protect A pplicant while A pplicant takes possession of the residence and
Respondent takes possession of Respondent’s necessary personal property, and, if Respondent
refuses to vacate the residence, to remove Respondent from the residence and arrest Respondent
for violating the Court’s order.
Applicant requests the Court to dispense with the necessity of a bond.
11. Best Interest
The protective order requested is in the best interest of the family, household, or member
of the family or household.
12. Attorney's Fees and Costs
The Court should assess against KEVIN JAMES ADAMS a reasonable attorney’s fee as
compensation for George E. Crumley, and judgment should be rendered in favor of this attorney
against KEVIN JAMES ADAMS.
Applicant requests that Respondent be ordered to pay reasonable attorney’s fees, the $16
protective order fee, 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 before the sixtieth day
after the date the order is rendered.
13. Prayer
Applicant prays that notice of this Application for a Protective Order issue as required by
law and that the Court enter the protective order[s] as requested in this application.
Applicant further prays that the Court immediately issue a temporary protective order, ex
parte, in conformity with the allegations stated above, prohibiting Respondent from the acts and
ordering Respondent to do the acts set forth above until a hearing can be held.
Applicant prays that a hearing be held no later than the fourteenth day after the date this
application is filed; that, after notice and hearing, the Court grant the relief requested above; and
that the Court dispense with the necessity of a bond.
Applicant prays for attorney’s fees, costs, charges, and expenses.
Petitioner prays for general relief.
Respectfully submit itted,
By:
Ags
GEORGE E. CRUMLEY
oe
State Bar No. 787308
PITTENGER, NUSPL & CRUMLEY
1420 W. Exchange Parkway, Suite 180
Glendover Professional Center, Building C
Allen, Texas 75013
Tel: 972.359.1207
Fax: 972.359.0707
Email: george@pnclawfirm.com
ATTORNEY FOR PETITIONER,
CERTIFICATE OF SERVICE
I certify that a true copy of the above was served on all counsel of record in accordance
with the Texas Rules of Civil Procedure on September 26, 2016.
AES
GEORGE E,. CRUMLEY
CERTIFICATE REGARDING REQUEST FOR EX PARTE RELIEF
x
1 I certify that counsel for the Party against whom relief is sought has been notified of
the application and has stated whether he or she wishes to be heard.
2 I certify that diligent attempts to notify counsel for the party against whom relief is
sought have been unsuccessful and the circumstances do not permit additional efforts to
4
give notice.
GEORGE E. CRUMLEY
Notice of Hearing
IT IS ORDERED that the clerk shall issue notice to Respondent, KEVIN JAMES
ADAMS, to appear, and Respondent is ORDERED to appear in person, before the 158" Judicial
District Court in the courthouse at 1450 East McKinney Street, 3rd Floor, Denton, TX 76209-
4524, on at -M. The purpose of this hearing is to
determine whether the Court should issue a protective order in accordance with this application.
This hearing is also to determine whether the Court should assess reasonable attorney’s
fees against KEVIN JAMES ADAMS to be awarded to George E. Crumley.
This hearing is also to determine whether the identifying information, which the Court
has sealed, should be disclosed to Respondent.
SIGNED on 2016.
JUDGE PRESIDING
CAUSE NO. 16-07015-158
IN THE MATTER OF THE IN THE DISTRICT COURT
MARRIAGE OF
STEPHANIE MARIE ADAMS
AND
KEVIN JAMES ADAMS 158™ JUDICIAL DISTRICT
AND IN THE INTEREST OF
KEA and RAA,
MINOR CHILDREN DENTON COUNTY, TEXAS
AFFIDAVIT OF STEPHANIE MARIE ADAMS
Before me, the undersigned notary public on this day personally appeared STEPHANIE
MARIE ADAMS, and being by me duly sworn upon his oath deposed and stated as follows:
"My name is STEPHANIE MARIE ADAMS. I am over the age of 18 years, I have
never been convicted of any crime, I am fully capable and competent to make this affidavit, and I
have personal knowledge of the facts stated herein.
“T am the Petitioner in this case and the applicant for a Protective Order.
“T have requested extraordinary relief in this case excluding my husband, Kevin James
Adams from the marital residence at 9111 Rio Blanco Drive, Frisco, TX 75033. I plan to
continue to reside at the marital residence with my children. I fear for the physical safety of my
children and myself, and I am asking the court to exclude my husband from the residence.
“My husband and I were married on March 8, 2008.
“Kevin physically assaulted me on the night of September 24, 2016. Kevin has told me
that he has been recording our conversations for the entirety of our marriage and that he was
intending to use them against me in court. Kevin asked me a few days ago if he could take me on
a date, just the two of us. I told him to let me think about it. He told me that he knows he should
have been a better man to me and a better husband and to please give him the chance to change.
He told me he wanted to treat me "like a queen. Like you deserve.” On the night of September
24, 2016 I asked him if he still wanted to go out together. He said "if you want to go eat I'll take
you but I'm not going to kiss your ass." So I told him never mind I don't think it's a good idea.
“On the advice of counsel I began recording him the same as he had been doing to me.
On September 24, 2016 we were talking and I had our 12 month old baby. He asked so I told him
why I now find it difficult to trust him. During the conversation he started to open up about how
AFFIDAVIT - PAGE 1
he feels but then stopped himself, saying, "you're recording me aren't you?!" I told him even if I
were it shouldn't matter, because the fact that he'll only be "honest" if I'm NOT recording him is
extremely dishonest, itself. I told him we don't have to talk about it and said never mind, I was
holding my baby and headed out of the room to go get her ready for bed. I asked him if he
wanted to kiss her goodnight. He said yes and walked over to me, pretending to come to kiss the
baby.
“When he got close to me he aggressively and physically attacked me, wrapping his arms
around my body quickly, grabbing me hard and completely taking away my balance and control.
He was reaching around me to my back pocket of my jeans trying to get my phone away from
me. It quickly escalated when I realized what was happening. I was telling him "stop, stop
STOP!" He became more intensively aggressive in squeezing me and put his body weight on me,
and tackled me. And I started yelling "STOP STOP STOP!" We traveled about an 8 feet across
the room. With the baby in my arms I had NO control over myself and hardly any control over
my baby, which I was trying my best to hold steady and gently while he attacked me. I hit the
wall behind me and then we fell to the ground, my baby in my arms, Kevin still had his arms
around me trying to get my phone. I had my eyes on my baby the entire time, terrified, and
watched as her head was jerking around everywhere. I kept yelling "STOP!" My baby started
screaming and crying. It was only then that he 'snapped out of it' and took his hands off me. He
said to me "WHY DID YOU FALL?!" As if it was my fault. Then he said "Why didn't you just
let me have it [the phone]?!" blaming me for not giving him the phone. My baby screamed and
cried and cried. I got away from him, he tried to come closer but I held up my hand and kept
telling him no. He finally left and I closed and locked the door. I checked her for any signs of
injury and nursed her and tried to calm her down. She would calm down for a few seconds, and
then she would start screaming and crying again. I stayed with her about 30 minutes. Calming
her and rocking and nursing her. I thought she was finally calm enough to lie down for bed.
“T texted my sister (who had been outside with my 6 year old daughter swimming in the
hot tub) and told her what had happened. I was scared to come out of my baby's room.
“When I came out he tried talking to me saying "please don't do this, this is serious.
Please don't go out there and blow this up" (referring to me going outside to tell my sister). He
kept trying to keep me away from going to my sister. He said that he wanted to "come clean
about everything, just please DONT DO THIS!"
“T got him to stop talking about it when my 6 year old came inside. While I tucked my six
year old into bed, my sister called the police.
“My baby had started screaming and crying again. And I kept having to go back into her
room trying to soothe her. The third time I checked on her, I got her all the way up and checked
her out for any injuries again. I was worried that she had hit her head in the wall or hurt her neck
with all the jerking.
“The police arrived and Kevin and I separated and I told two different police men what
had happened. The main cop called the fire dept because my baby wouldn't stop crying and he
AFFIDAVIT - PAGE 2
was worried that she was hurt and wanted to get her examined. The men examined my baby and
said she appeared to be ok physically but instructed me to keep a close eye on her and her
behavior but he thinks she was just terrified and wanted to hold me.
“The officers told Kevin to leave for the night. He got some clothes and went to his
uncle’s house. The officers did not leave until well after Kevin had gone and they talked with me
more. They told me to stay away from him, and if he is near me to keep my daughters away from
us in case he does anything like this again. He told me not to hold my baby around Kevin
anymore since he has shown aggressive behavior while I'm holding our baby.
“Kevin has raised his hands as if to hit me numerous times, and has gone so far as to hit
me with his forearm while he was holding the baby when J asked to take her. In July of 2016 he
threatened to suffocate me and told me that all men think about hurting or killing their wives. In
August of 2016 (last month) he raised his hand in anger preparing to punch me when he got
upset during a conversation.
“J have been threatened and physically assaulted by my husband, including while
holding my child putting both me and my child at risk. I am in fear for my own and my
children’s physical safety as a result of my husband’s abusive behavior.”
“T have been living in the residence at 9111 Rio Blanco Drive, Frisco, TX 75033 with my
spouse and my children for more than 30 days prior to the filing of this suit. My husband has cut
off my access to all community monies and he is not currently providing me or my children any
financial support. My husband has taken the car that has customarily been used by me for
transportation, the 2007 Chevrolet Tahoe. I am asking for the return of that vehicle.”
Further Affiant sayeth not.
Zt!
7,
Weer >t alt 2)
STEPHANIE MARIE ADAMS, Affiant
SWORN TO AND SUBSCRIBED before me on the X g_ day of September, 2016.
SEAL —
on WENDY WILSON
Notary Public, State of Texas
‘omm. Expires 02-26-2019
Notary ID 10783761
=
AFFIDAVIT - PAGE 3
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CAUSE NO. -07015-158 INTHE MATTEROF THE INTHE DISTRICT COURT MARRIAGE OF STEPHANIE MARIE ADAMS KEVINJAMES ADAMS 158 JUDICIAL DISTRICT AND INTHE INTEREST OF KEA and RAA, MINOR CHILDREN DENTON COUNTY, TEXAS STEPHANIE ADAMS’ APPLICATION FOR A PROTECTIVE ORDER Discovery Level Discovery in this case is intended to be conducted under level 2Bof rule 190 of the Texas Rules of Civil Procedure. Objection to Assignment of Case to Associate J udge Applicant 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 Application for a Protective Order is brought by STEPHANIE MARIE ADAMS, Applicant, who is a resident of Denton County, Texas. The last three numbers of Applicant’s driver’s license number are not available at this time. The last three numbers of Applicant’s Social Security number are not available at this time. This Application for a Protective Order is brought for the protection of STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS, who are residents of Denton County, Texas. Respondent is KEVIN JAMES ADAMS, who resides in Denton County, Texas. Service Process should be served on Respondent at his home address 9111 Rio Blanco Drive, Frisco, TX 75033, or at his place of employment, Blue Mountain Equipment, located at 1800 S. Airport Drive, McKinney, TX 75069 or wherever he may be found. Relationship of Parties Applicant is the spouse of Respondent. The children for whom a protective order is sought are subject to the continuing jurisdiction of any court as a divorce case is pending in this court under this cause number. Grounds Respondent has engaged in conduct that constitutes family violence. Respondent committed acts that were intended by Respondent to result in physical harm, bodily injury, assault, or sexual assault or were threats that reasonably placed STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS in fear of imminent physical harm, bodily injury, assault, or sexual assault. Respondent’s acts therefore constitute family violence. Respondent committed acts of abuse toward STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS that constitute family violence. The acts of abuse committed by Respondent that constitute family violence were: physical injury that resulted in substantial harm to STEPHANIE MARIE ADAMS and RIVEN ABIGAIL ADAMS or the genuine threat of substantial harm from physical injury to STEPHANIE MARIE ADAMS and RIVEN ABIGAIL ADAMS that was harmful to the mental, emotional, or physical welfare of STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS. Respondent’s conduct was reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS. Such conduct is set forth in Exhibit A, the affidavit of STEPHANIE MARIE ADAMS. Good cause exists for prohibiting Respondent from communicating with STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS except through Respondent’s attorney or a person appointed by the Court, as requested below. The residence at 9111 Rio Blanco Drive, Frisco, TX 75033 is owned jointly by Applicant and Respondent, and Respondent has an obligation to support Applicant and the children. 9. Request for Protective Order Applicant requests the Court, after notice and hearing, to issue its protective order: 1 Prohibiting Respondent from committing family violence as defined in section 71.004 of the Texas Family Code. 2 Prohibiting Respondent from communicating directly with STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS ina threatening or harassing manner. 3 Prohibiting Respondent from communicating a threat through any person to STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS. 4, On a finding of good cause, prohibiting Respondent from communicating in any manner with STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS except through Respondent’s attorney or a person appointed by the Court. 5 Prohibiting Respondent from engaging in conduct directed specifically toward STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS, including following STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS, that is reasonably likely to harass, annoy, alarm, abuse, torment, or 2 embarrass STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS. 6 Prohibiting Respondent from going to or near, or within 500 feet of, any location where STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS are known by Respondent to be and from remaining within 500 feet after Respondent becomes aware of their presence. 1 Prohibiting Respondent from going to or near the residence or place of employment or business of STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS. 8 Prohibiting Respondent from going to or near the residences, child care facility/facilities, or schools of KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS normally attend or in which KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS normally resides. Applicant requests the Court to specifically prohibit Respondent from going to or near [specify location[s] prohibited] and to maintain a distance of 500 feet therefrom. 9 Prohibiting Respondent from removing KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS from the possession of STEPHANE MARIE ADAMS. 10. 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. ll. Prohibiting Respondent 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. 12. Suspending Respondent’s license to carry a concealed handgun issued under subchapter H, chapter 411, of the Texas Government Code. 13. Granting Applicant exclusive possession of the parties’ residence 9111 Rio Blanco Drive, Frisco, TX 75033and ordering Respondent to vacate the residence. 14. Requiring Respondent to complete a battering intervention and prevention program or counseling as provided by section 85.022(a) of the Texas Family Code. 15. Awarding Applicant exclusive use and possession of the following property, which is community property: 2007 Chevrolet Tahoe and ordering Respondent to return same to her possession. 16. Granting Applicant exclusive possession of the children, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS, and specifying the terms of Respondent’s access to the children. 17. Ordering Respondent to pay support for KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS. Applicant requests the Court to render a written order to the sheriff /constable to provide a law enforcement officer from the department of the sheriff /constable] to accompany A pplicant to the parties’ residence, to inform Respondent that the Court has ordered Respondent excluded from the residence, to protect A pplicant while A pplicant takes possession of the residence and Respondent takes possession of Respondent’s necessary personal property, and, if Respondent refuses to vacate the residence, to remove Respondent from the residence and arrest Respondent for violating the Court’s order. 10. Request for Temporary Ex Parte Order Before the filing of this application, Respondent has engaged in conduct that constitutes family violence. Respondent has physically assaulted A pplicant while holding a child. There is an immediate need for the protective order requested in this application. Based on the conduct of Respondent as alleged, A pplicant 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 A pplicant has no adequate remedy at law. Applicant therefore requests the Court, immediately and without hearing, to issue a temporary ex parte order for the protection of STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS: 1 Prohibiting Respondent from committing family violence as defined in section 71.004 of the Texas Family Code. 2 Prohibiting Respondent from communicating directly with STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS. in a threatening or harassing manner. 3 Prohibiting Respondent from communicating a threat through any person to STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS. 4 On a finding of good cause, prohibiting Respondent from communicating in any manner with STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS except through Respondent’s attorney or a person appointed by the Court. 5. Prohibiting Respondent from engaging in conduct directed specifically toward STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS, including following STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS. 6 Prohibiting Respondent from going to or near, or within 500 feet of, any location where STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS are known by Respondent to be and from remaining within 500 feet after Respondent becomes aware of their presence. 7 Prohibiting Respondent from going to or near the residences or place of employment or business of STEPHANIE MARIE ADAMS, KARIS ELIVIAN ADAMS, and 4 RIVEN ABIGAIL ADAMS. Applicant requests the Court to specifically prohibit Respondent from going to or near 9111 Rio Blanco Drive, Frisco, TX 75033 and to specifically require Respondent to maintain a distance of 500 feet therefrom. 8 Prohibiting Respondent from going to or near the residences, child care facility/facilities, or schools of KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS normally attend or in which KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS normally resides. A pplicant requests the Court to specifically prohibit Respondent from going to or near 9111 Rio Blanco Drive, Frisco, TX 75033 and to maintain a distance of 500 feet therefrom. 9 Prohibiting Respondent from removing KARIS ELIVIAN ADAMS, and RIVEN ABIGAIL ADAMS from the possession of STEPHANIE MARIE ADAMS, and ordering him to immediately return the children if in his possession. 10. 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. 11. Prohibiting Respondent 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. 12. Granting Applicant exclusive possession of the parties’ residence at 9111 Rio Blanco Drive, Frisco, TX 75033 and ordering Respondent to vacate the residence. 13. Granting Applicant exclusive use and possession of her 2007 Chevrolet Tahoe and excluding Respondent from same, and ordering Respondent to retum same to her immediately. Applicant requests the Court to render a written order to the sheriff /constable to provide a law enforcement officer from the department of the sheriff /constable] to accompany A pplicant to the parties’ residence, to inform Respondent that the Court has ordered Respondent excluded from the residence, to protect A pplicant while A pplicant takes possession of the residence and Respondent takes possession of Respondent’s necessary personal property, and, if Respondent refuses to vacate the residence, to remove Respondent from the residence and arrest Respondent for violating the Court’s order. Applicant requests the Court to dispense with the necessity of a bond. 11. Best Interest The protective order requested is in the best interest of the family, household, or member of the family or household. 12. Attorney's Fees and Costs The Court should assess against KEVIN JAMES ADAMS a reasonable attorney’s fee as compensation for George E. Crumley, and judgment should be rendered in favor of this attorney against KEVIN JAMES ADAMS. Applicant requests that Respondent be ordered to pay reasonable attorney’s fees, the $16 protective order fee, 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 before the sixtieth day after the date the order is rendered. 13. Prayer Applicant prays that notice of this Application for a Protective Order issue as required by law and that the Court enter the protective order[s] as requested in this application. Applicant further prays that the Court immediately issue a temporary protective order, ex parte, in conformity with the allegations stated above, prohibiting Respondent from the acts and ordering Respondent to do the acts set forth above until a hearing can be held. Applicant prays that a hearing be held no later than the fourteenth day after the date this application is filed; that, after notice and hearing, the Court grant the relief requested above; and that the Court dispense with the necessity of a bond. Applicant prays for attorney’s fees, costs, charges, and expenses. Petitioner prays for general relief. Respectfully submit itted, By: Ags GEORGE E. CRUMLEY oe State Bar No. 787308 PITTENGER, NUSPL & CRUMLEY 1420 W. Exchange Parkway, Suite 180 Glendover Professional Center, Building C Allen, Texas 75013 Tel: 972.359.1207 Fax: 972.359.0707 Email: george@pnclawfirm.com ATTORNEY FOR PETITIONER, CERTIFICATE OF SERVICE I certify that a true copy of the above was served on all counsel of record in accordance with the Texas Rules of Civil Procedure on September 26, 2016. AES GEORGE E,. CRUMLEY CERTIFICATE REGARDING REQUEST FOR EX PARTE RELIEF x 1 I certify that counsel for the Party against whom relief is sought has been notified of the application and has stated whether he or she wishes to be heard. 2 I certify that diligent attempts to notify counsel for the party against whom relief is sought have been unsuccessful and the circumstances do not permit additional efforts to 4 give notice. GEORGE E. CRUMLEY Notice of Hearing IT IS ORDERED that the clerk shall issue notice to Respondent, KEVIN JAMES ADAMS, to appear, and Respondent is ORDERED to appear in person, before the 158" Judicial District Court in the courthouse at 1450 East McKinney Street, 3rd Floor, Denton, TX 76209- 4524, on at -M. The purpose of this hearing is to determine whether the Court should issue a protective order in accordance with this application. This hearing is also to determine whether the Court should assess reasonable attorney’s fees against KEVIN JAMES ADAMS to be awarded to George E. Crumley. This hearing is also to determine whether the identifying information, which the Court has sealed, should be disclosed to Respondent. SIGNED on 2016. JUDGE PRESIDING CAUSE NO. 16-07015-158 IN THE MATTER OF THE IN THE DISTRICT COURT MARRIAGE OF STEPHANIE MARIE ADAMS AND KEVIN JAMES ADAMS 158™ JUDICIAL DISTRICT AND IN THE INTEREST OF KEA and RAA, MINOR CHILDREN DENTON COUNTY, TEXAS AFFIDAVIT OF STEPHANIE MARIE ADAMS Before me, the undersigned notary public on this day personally appeared STEPHANIE MARIE ADAMS, and being by me duly sworn upon his oath deposed and stated as follows: "My name is STEPHANIE MARIE ADAMS. I am over the age of 18 years, I have never been convicted of any crime, I am fully capable and competent to make this affidavit, and I have personal knowledge of the facts stated herein. “T am the Petitioner in this case and the applicant for a Protective Order. “T have requested extraordinary relief in this case excluding my husband, Kevin James Adams from the marital residence at 9111 Rio Blanco Drive, Frisco, TX 75033. I plan to continue to reside at the marital residence with my children. I fear for the physical safety of my children and myself, and I am asking the court to exclude my husband from the residence. “My husband and I were married on March 8, 2008. “Kevin physically assaulted me on the night of September 24, 2016. Kevin has told me that he has been recording our conversations for the entirety of our marriage and that he was intending to use them against me in court. Kevin asked me a few days ago if he could take me on a date, just the two of us. I told him to let me think about it. He told me that he knows he should have been a better man to me and a better husband and to please give him the chance to change. He told me he wanted to treat me "like a queen. Like you deserve.” On the night of September 24, 2016 I asked him if he still wanted to go out together. He said "if you want to go eat I'll take you but I'm not going to kiss your ass." So I told him never mind I don't think it's a good idea. “On the advice of counsel I began recording him the same as he had been doing to me. On September 24, 2016 we were talking and I had our 12 month old baby. He asked so I told him why I now find it difficult to trust him. During the conversation he started to open up about how AFFIDAVIT - PAGE 1 he feels but then stopped himself, saying, "you're recording me aren't you?!" I told him even if I were it shouldn't matter, because the fact that he'll only be "honest" if I'm NOT recording him is extremely dishonest, itself. I told him we don't have to talk about it and said never mind, I was holding my baby and headed out of the room to go get her ready for bed. I asked him if he wanted to kiss her goodnight. He said yes and walked over to me, pretending to come to kiss the baby. “When he got close to me he aggressively and physically attacked me, wrapping his arms around my body quickly, grabbing me hard and completely taking away my balance and control. He was reaching around me to my back pocket of my jeans trying to get my phone away from me. It quickly escalated when I realized what was happening. I was telling him "stop, stop STOP!" He became more intensively aggressive in squeezing me and put his body weight on me, and tackled me. And I started yelling "STOP STOP STOP!" We traveled about an 8 feet across the room. With the baby in my arms I had NO control over myself and hardly any control over my baby, which I was trying my best to hold steady and gently while he attacked me. I hit the wall behind me and then we fell to the ground, my baby in my arms, Kevin still had his arms around me trying to get my phone. I had my eyes on my baby the entire time, terrified, and watched as her head was jerking around everywhere. I kept yelling "STOP!" My baby started screaming and crying. It was only then that he 'snapped out of it' and took his hands off me. He said to me "WHY DID YOU FALL?!" As if it was my fault. Then he said "Why didn't you just let me have it [the phone]?!" blaming me for not giving him the phone. My baby screamed and cried and cried. I got away from him, he tried to come closer but I held up my hand and kept telling him no. He finally left and I closed and locked the door. I checked her for any signs of injury and nursed her and tried to calm her down. She would calm down for a few seconds, and then she would start screaming and crying again. I stayed with her about 30 minutes. Calming her and rocking and nursing her. I thought she was finally calm enough to lie down for bed. “T texted my sister (who had been outside with my 6 year old daughter swimming in the hot tub) and told her what had happened. I was scared to come out of my baby's room. “When I came out he tried talking to me saying "please don't do this, this is serious. Please don't go out there and blow this up" (referring to me going outside to tell my sister). He kept trying to keep me away from going to my sister. He said that he wanted to "come clean about everything, just please DONT DO THIS!" “T got him to stop talking about it when my 6 year old came inside. While I tucked my six year old into bed, my sister called the police. “My baby had started screaming and crying again. And I kept having to go back into her room trying to soothe her. The third time I checked on her, I got her all the way up and checked her out for any injuries again. I was worried that she had hit her head in the wall or hurt her neck with all the jerking. “The police arrived and Kevin and I separated and I told two different police men what had happened. The main cop called the fire dept because my baby wouldn't stop crying and he AFFIDAVIT - PAGE 2 was worried that she was hurt and wanted to get her examined. The men examined my baby and said she appeared to be ok physically but instructed me to keep a close eye on her and her behavior but he thinks she was just terrified and wanted to hold me. “The officers told Kevin to leave for the night. He got some clothes and went to his uncle’s house. The officers did not leave until well after Kevin had gone and they talked with me more. They told me to stay away from him, and if he is near me to keep my daughters away from us in case he does anything like this again. He told me not to hold my baby around Kevin anymore since he has shown aggressive behavior while I'm holding our baby. “Kevin has raised his hands as if to hit me numerous times, and has gone so far as to hit me with his forearm while he was holding the baby when J asked to take her. In July of 2016 he threatened to suffocate me and told me that all men think about hurting or killing their wives. In August of 2016 (last month) he raised his hand in anger preparing to punch me when he got upset during a conversation. “J have been threatened and physically assaulted by my husband, including while holding my child putting both me and my child at risk. I am in fear for my own and my children’s physical safety as a result of my husband’s abusive behavior.” “T have been living in the residence at 9111 Rio Blanco Drive, Frisco, TX 75033 with my spouse and my children for more than 30 days prior to the filing of this suit. My husband has cut off my access to all community monies and he is not currently providing me or my children any financial support. My husband has taken the car that has customarily been used by me for transportation, the 2007 Chevrolet Tahoe. I am asking for the return of that vehicle.” Further Affiant sayeth not. Zt! 7, Weer >t alt 2) STEPHANIE MARIE ADAMS, Affiant SWORN TO AND SUBSCRIBED before me on the X g_ day of September, 2016. SEAL — on WENDY WILSON Notary Public, State of Texas ‘omm. Expires 02-26-2019 Notary ID 10783761 = AFFIDAVIT - PAGE 3