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325-65861 0-19 ;.: • i '.' FILED
TARRANT COUNTY
3/21/2019 3:34 PM
20191-iAR22 PH 2=l;3 THOMAS A. WILDER
DISTRICT CLERK
NO. _ _ _ _ __
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IN THE MATTER OF § IN Im:1i>fsTfilcT;COURT
THE MARRIAGE OF §
§
GAILHALLUM § _ _ JUDICIAL DISTRICT
AND §
DAVID A. HALLUM § TARRANT COUNTY, TEXAS
TEMPORARY RESTRAINING ORDER AND
ORDER SETTING HEARING FOR TEMPORARY ORDERS
The application of Petitioner, Gail Hallum, for temporary restraining order
was presented to the Court today. Respondent is David A. Hallum.
The Court examined the pleadings of Petitioner and finds that Petitioner is
entitled to a temporary restraining order.
IT IS THEREFORE ORDERED that the clerk of this Court issue a
temporary restraining order restraining Respondent, and Respondent is immediately
restrained, from:
1. Intentionally communicating with Petitioner or any person residing
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 or any person residing with Petitioner.
2. Threatening Petitioner or any person residing with Petitioner in person
or m 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 or any
person residing with Petitioner.
3. Placing 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 or any person residing with Petitioner.
Temporary Restraining Order and Order Setting Hearing for Temporary Orders Page 1
4. Intentionally, knowingly, or recklessly causing bodily lllJUry to
Petitioner or any person residing with Petitioner.
5. Threatening Petitioner or any person residing with Petitioner 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 the 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.
7. Intentionally falsifying any writing or record, including an electronic
record, relating to the property of either party.
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 this order.
12. Incurring any debt, other than legal expenses in connection with this
suit, except as specifically authorized by this order.
13. Withdrawing money from any checking or savings account in any
Temporary Restraining Order and Order Setting Hearing for Temporary Orders Page2
financial institution for any purpose, except as specifically authorized by this order.
14. Spending any money in either party's possession or subject to either
party's control for any purpose, except as specifically authorized by this order.
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 this order.
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 third party, except as specifically authorized in this
order.
17. Withdrawing or borrowing in any manner all or any part of the cash
surrender of any life insurance policy on the life of either party, except as specifically
authorized by this order.
18. Entering any safe-deposit box in the name of or subject to the control 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.
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.
21. Opening or diverting mail or e-mail 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
Temporary Restraining Order and Order Setting Hearing for Temporary Orders Page3
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 matters 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 matters 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.
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 services, including security,
pest control, landscaping, or yard maintenance, at 6908 Tumbling Trail, Fort Worth,
Texas 76116 and/or 6416 Stockton Drive, Fort Worth, Texas, or in any manner
Temporary Restraining Order and Order Setting Hearing for Temporary Orders Page4
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 6908 Tumbling Trail, Fort Worth, Texas 76116 and/or 6416 Stockton
Drive, Fort Worth, Texas.
32. Entering, operating, or exercising control over the 2017 Infiniti QXSO
or any motor vehicle in the possession of Petitioner.
IT IS FURTHER ORDERED that Respondent is 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 this order.
To engage in acts reasonable and necessary to conduct Respondent's usual
business and occupation.
For purposes of this order, "personal property" includes, but is not limited to,
the following:
a. cash, checks, traveler's checks, and money orders;
b. funds on deposit in financial accounts with commercial banks, savings
banks, and credit unions;
c. funds and assets held in brokerage, mutual fund, and other investment
accounts;
d. publicly traded stocks, bonds, and other securities;
e. stock options and restricted stock units;
f. bonuses;
g. closely held business interests;
h. retirement benefits and accounts;
i. deferred compensation benefits;
j. insurance policies, annuities, and health savings accounts;
k. motor vehicles, boats, airplanes, cycles, mobile homes, trailers, and
Temporary Restraining Order and Order Setting Hearing for Temporary Orders Page5
recreational vehicles;
1. money owed to one or both parties, including notes and expected
income tax refunds;
m. household furniture furnishings, and fixtures;
n. electronics and computers;
o. antiques, artwork, and collections;
p. sporting goods and firearms;
q. jewelry and other personal items;
r. pets and livestock;
s. club memberships;
t. travel award benefits and other award accounts;
u. crops, farm equipment, construction equipment, tools, leases, cemetery
lots, gold or silver coins not part of a collection, tax overpayments, loss
carry-forward deductions, lottery tickets/winnings, stadium bonds,
stadium seat licenses, seat options, season tickets, ranch brands, and
business names;
v. digital assets such as e-mail addresses, social network accounts, Web
sites, domain names, digital media such as pictures, music, e-books,
movies, and videos, biogs, reward points, digital storefronts, artwork,
and data storage accounts;
w. virtual assets such as virtual pets, avatars, accessories for virtual
characters, virtual prizes, virtual real estate, and virtual currency;
x. safe-deposit boxes and their contents;
y. storage facilities and their contents; and
z. contingent assets.
This restraining order is effective immediately and shall continue in force and
effect until further order of this Court or until it expires by operation of law. This
order shall be binding on Respondent; on Respondent's agents, servants, and
employees; and on those persons in active concert or participation with them who
receive actual notice of this order by personal service or otherwise. The requirement
of a bond is waived.
IT IS FURTHER ORDERED that the clerk shall issue notice to Respondent,
David A. Hallum, to appear, and Respondent is ORDERED to appear in person,
before this Court in the courthouse at 200 E. Weatherford Street, Fort Worth,
Temporary Restraining Order and Order Setting Hearing for Temporary Orders Page6
Tarrant County, Texas, on @.,rnt1 3· ;)jJ /1 at 4·/Jc) A-. M. The purpose
of the hearing is to determine whether, while this case is pending:
1. The preceding temporary restraining order should be made a temporary
injunction pending final hearing.
2. Petitioner should be awarded the exclusive use and possession of the
residence located at 6908 Tumbling Trail, Fort Worth, Texas 76116, as well as the
furniture, furnishings, and other personal property at that residence, while this case is
pending, and Respondent should be enjoined 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.
3. Petitioner should be awarded the exclusive use and possession of the
residence located at 6416 Stockton Drive, Fort Worth, Texas, as well as the
furniture, furnishings, and other personal property at that residence, while this case is
pending, and Respondent should be enjoined 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.
4. Petitioner should be awarded exclusive use and control of the 2017
Infiniti QXS0, and Respondent should be enjoined from entering, operating, or
exercising control over it.
5. The Court should order Respondent to pay support to Petitioner until a
final decree is signed.
6. The Court should order Respondent to pay reasonable interim
attorney's fees and expenses.
7. The Court should order Respondent to pay estimated income taxes on
the due dates as required by the Internal Revenue Service and under the Social
Security numbers of both Petitioner and Respondent.
8. The Court should order Respondent to pay any ad valorem taxes and
insurance premiums as due on the properties of the parties.
Temporary Restraining Order and Order Setting Hearing for Temporary Orders Page7
9. The Court should order Respondent to provide a sworn inventory and
appraisement of all the separate and community property owned or claimed by the
parties and all debts and liabilities owed by the parties substantially in the form and
detail prescribed by the Texas Family Law Practice Manual (3d ed.), form 7-1.
10. The Court should order the parties to participate in an alternative
dispute resolution process before trial of this matter.
11. The Court should order Respondent to execute all necessary releases
required by Petitioner to obtain any discovery allowed by the Texas Rules of Civil
Procedure.
12. The Court should order a pretrial conference to simplify the issues in
this case and determine the stipulations of the parties and for any other matters the
Court deems appropriate.
13. The Court should make all other and further orders respecting the
property and the parties that are pleaded for or that are deemed necessary and
equitable.
SIGNED on tV}tu_dt J..~,a-0/1 at _ _-+-_E_.M.
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JUDGE PRESIDIN< } ()
Temporary Restraining Order and Order Setting Hearing for Temporary Orders Page8
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:;_t- l •'I - ' 325-65861 0-19 ;.: • i '.' FILED TARRANT COUNTY 3/21/2019 3:34 PM 20191-iAR22 PH 2=l;3 THOMAS A. WILDER DISTRICT CLERK NO. _ _ _ _ __ 1-11· ,-,J f: . t .. '. I l -, ~_.., I, • ; ··,::.; , .. _ 1~' .. _ i . ,- , IN THE MATTER OF § IN Im:1i>fsTfilcT;COURT THE MARRIAGE OF § § GAILHALLUM § _ _ JUDICIAL DISTRICT AND § DAVID A. HALLUM § TARRANT COUNTY, TEXAS TEMPORARY RESTRAINING ORDER AND ORDER SETTING HEARING FOR TEMPORARY ORDERS The application of Petitioner, Gail Hallum, for temporary restraining order was presented to the Court today. Respondent is David A. Hallum. The Court examined the pleadings of Petitioner and finds that Petitioner is entitled to a temporary restraining order. IT IS THEREFORE ORDERED that the clerk of this Court issue a temporary restraining order restraining Respondent, and Respondent is immediately restrained, from: 1. Intentionally communicating with Petitioner or any person residing 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 or any person residing with Petitioner. 2. Threatening Petitioner or any person residing with Petitioner in person or m 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 or any person residing with Petitioner. 3. Placing 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 or any person residing with Petitioner. Temporary Restraining Order and Order Setting Hearing for Temporary Orders Page 1 4. Intentionally, knowingly, or recklessly causing bodily lllJUry to Petitioner or any person residing with Petitioner. 5. Threatening Petitioner or any person residing with Petitioner 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 the 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. 7. Intentionally falsifying any writing or record, including an electronic record, relating to the property of either party. 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 this order. 12. Incurring any debt, other than legal expenses in connection with this suit, except as specifically authorized by this order. 13. Withdrawing money from any checking or savings account in any Temporary Restraining Order and Order Setting Hearing for Temporary Orders Page2 financial institution for any purpose, except as specifically authorized by this order. 14. Spending any money in either party's possession or subject to either party's control for any purpose, except as specifically authorized by this order. 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 this order. 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 third party, except as specifically authorized in this order. 17. Withdrawing or borrowing in any manner all or any part of the cash surrender of any life insurance policy on the life of either party, except as specifically authorized by this order. 18. Entering any safe-deposit box in the name of or subject to the control 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. 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. 21. Opening or diverting mail or e-mail 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 Temporary Restraining Order and Order Setting Hearing for Temporary Orders Page3 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 matters 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 matters 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. 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 services, including security, pest control, landscaping, or yard maintenance, at 6908 Tumbling Trail, Fort Worth, Texas 76116 and/or 6416 Stockton Drive, Fort Worth, Texas, or in any manner Temporary Restraining Order and Order Setting Hearing for Temporary Orders Page4 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 6908 Tumbling Trail, Fort Worth, Texas 76116 and/or 6416 Stockton Drive, Fort Worth, Texas. 32. Entering, operating, or exercising control over the 2017 Infiniti QXSO or any motor vehicle in the possession of Petitioner. IT IS FURTHER ORDERED that Respondent is 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 this order. To engage in acts reasonable and necessary to conduct Respondent's usual business and occupation. For purposes of this order, "personal property" includes, but is not limited to, the following: a. cash, checks, traveler's checks, and money orders; b. funds on deposit in financial accounts with commercial banks, savings banks, and credit unions; c. funds and assets held in brokerage, mutual fund, and other investment accounts; d. publicly traded stocks, bonds, and other securities; e. stock options and restricted stock units; f. bonuses; g. closely held business interests; h. retirement benefits and accounts; i. deferred compensation benefits; j. insurance policies, annuities, and health savings accounts; k. motor vehicles, boats, airplanes, cycles, mobile homes, trailers, and Temporary Restraining Order and Order Setting Hearing for Temporary Orders Page5 recreational vehicles; 1. money owed to one or both parties, including notes and expected income tax refunds; m. household furniture furnishings, and fixtures; n. electronics and computers; o. antiques, artwork, and collections; p. sporting goods and firearms; q. jewelry and other personal items; r. pets and livestock; s. club memberships; t. travel award benefits and other award accounts; u. crops, farm equipment, construction equipment, tools, leases, cemetery lots, gold or silver coins not part of a collection, tax overpayments, loss carry-forward deductions, lottery tickets/winnings, stadium bonds, stadium seat licenses, seat options, season tickets, ranch brands, and business names; v. digital assets such as e-mail addresses, social network accounts, Web sites, domain names, digital media such as pictures, music, e-books, movies, and videos, biogs, reward points, digital storefronts, artwork, and data storage accounts; w. virtual assets such as virtual pets, avatars, accessories for virtual characters, virtual prizes, virtual real estate, and virtual currency; x. safe-deposit boxes and their contents; y. storage facilities and their contents; and z. contingent assets. This restraining order is effective immediately and shall continue in force and effect until further order of this Court or until it expires by operation of law. This order shall be binding on Respondent; on Respondent's agents, servants, and employees; and on those persons in active concert or participation with them who receive actual notice of this order by personal service or otherwise. The requirement of a bond is waived. IT IS FURTHER ORDERED that the clerk shall issue notice to Respondent, David A. Hallum, to appear, and Respondent is ORDERED to appear in person, before this Court in the courthouse at 200 E. Weatherford Street, Fort Worth, Temporary Restraining Order and Order Setting Hearing for Temporary Orders Page6 Tarrant County, Texas, on @.,rnt1 3· ;)jJ /1 at 4·/Jc) A-. M. The purpose of the hearing is to determine whether, while this case is pending: 1. The preceding temporary restraining order should be made a temporary injunction pending final hearing. 2. Petitioner should be awarded the exclusive use and possession of the residence located at 6908 Tumbling Trail, Fort Worth, Texas 76116, as well as the furniture, furnishings, and other personal property at that residence, while this case is pending, and Respondent should be enjoined 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. 3. Petitioner should be awarded the exclusive use and possession of the residence located at 6416 Stockton Drive, Fort Worth, Texas, as well as the furniture, furnishings, and other personal property at that residence, while this case is pending, and Respondent should be enjoined 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. 4. Petitioner should be awarded exclusive use and control of the 2017 Infiniti QXS0, and Respondent should be enjoined from entering, operating, or exercising control over it. 5. The Court should order Respondent to pay support to Petitioner until a final decree is signed. 6. The Court should order Respondent to pay reasonable interim attorney's fees and expenses. 7. The Court should order Respondent to pay estimated income taxes on the due dates as required by the Internal Revenue Service and under the Social Security numbers of both Petitioner and Respondent. 8. The Court should order Respondent to pay any ad valorem taxes and insurance premiums as due on the properties of the parties. Temporary Restraining Order and Order Setting Hearing for Temporary Orders Page7 9. The Court should order Respondent to provide a sworn inventory and appraisement of all the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties substantially in the form and detail prescribed by the Texas Family Law Practice Manual (3d ed.), form 7-1. 10. The Court should order the parties to participate in an alternative dispute resolution process before trial of this matter. 11. The Court should order Respondent to execute all necessary releases required by Petitioner to obtain any discovery allowed by the Texas Rules of Civil Procedure. 12. The Court should order a pretrial conference to simplify the issues in this case and determine the stipulations of the parties and for any other matters the Court deems appropriate. 13. The Court should make all other and further orders respecting the property and the parties that are pleaded for or that are deemed necessary and equitable. SIGNED on tV}tu_dt J..~,a-0/1 at _ _-+-_E_.M. J2au:_- ~ j ------n- JUDGE PRESIDIN< } () Temporary Restraining Order and Order Setting Hearing for Temporary Orders Page8