Preview
Electronically Filed
11/24/2020 3:58 PM
Penny Clarkston, Smith County District Clerk
Reviewed By:
J ulie Kester
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA
NO. 20-0186-D
IN THE MATTER OF IN THE DISTRICT COURT
THE MARRIAGE OF
ELVIA BALDERAS HERNANDEZ
AND 321ST JUDICIAL DISTRICT
JOSE ALBERTO MENDOZA BENITEZ
AND IN THE INTEREST OF
A.M.B. AND Y.E.M.B., CHILDREN SMITH COUNTY, TEXAS
MOTION FOR ENFORCEMENT OF OVERNIGHT GUEST INJUNCTION
This Motion for Enforcement of Overnight Guest Injunction is brought by Elvia Balderas
Hernandez, Movant, Mother.
4
Discovery in this case is intended to be conducted under level 2 of rule 190 of the
Texas Rules of Civil Procedure.
2. Movant objects to the assignment of this matter to an associate judge for a trial
on the merits or presiding at a jury trial.
3 Movant is a joint managing conservator.
4 The children the subject of this suit is:
Name: A.M.B.
Sex: Male
Birth date: 12/26/2012
Name: Y.E.M.B.
Sex: Female
Birth date: 02/18/2014
5 This Court has continuing, exclusive jurisdiction of this case as a result of prior
proceedings.
6 The parties entitled to notice are as follows:
a. Respondent, Jose Alberto Mendoza Benitez, who is a joint managing
conservator.
Process should be served wherever he may be found.
Page 1 of4
7 On February 12, 2020, the parties filed a Rule 11 Agreement signed an order
that appears in the minutes of this Court and states in relevant part as follows:
a. Parties shall be enjoined by standard mutual injunctions (Pages 2 of
the Rule 11 Agreement)
Movant was the Petitioner and Respondent was the respondent in the prior proceedings.
8 Respondent has failed to comply with the order described above as follows:
Violation 1. Thursday, September 3, 2020 — The Respondent allowed his
paramour, Sonia Rodriguez, to remain at the residence after 9:00
p.m. while the children the subject of this suit were present, in
violation of the overnight guest injunction. Please see photos
attached hereto as Exhibit A.
Violation 2. Friday, September 4, 2020 - The Respondent allowed his
paramour, Sonia Rodriguez, to remain at the residence after 9:00
p.m. while the children the subject of this suit were present, in
violation of the overnight guest injunction. Please see photos
attached hereto as Exhibit A.
Violation 3. Saturday, September 5, 2020 - The Respondent allowed his
paramour, Sonia Rodriguez, to remain at the residence after 9:00
p.m. while the children the subject of this suit were present, in
violation of the overnight guest injunction. Please see photos
attached hereto as Exhibit A.
Violation 4. Respondent has moved his paramour, Sonia Rodriguez, in with
him in violation of the overnight guest injunction.
9 Movant requests that Respondent be held in contempt, jailed, and fined for each
violation alleged above, for a period of six months on each count, to run concurrently.
Page 2 of4
10. Movant requests that after Respondent serves his sentence for criminal
contempt, Respondent be confined in the county jail for a period not to exceed eighteen months
(total for civil and criminal contempt) or until Respondent complies with the order of the Court,
whichever comes first.
14. Movant requests that Respondent be placed on community supervision for ten
years on release from jail or suspension of commitment.
12. On two or more occasions, Respondent has failed to comply with the order of the
Court by allowing his paramour to stay overnight with the children after 9:00 p.m. Movant
requests that the Court order a bond or security for compliance with the Court's order.
13. Movant requests that, if the Court finds that any part of the order sought to be
enforced is not specific enough to be enforced by contempt, the Court enter a clarifying order
more clearly specifying the duties imposed on Respondent and giving Respondent a reasonable
time within which to comply.
14. It was necessary to secure the services of Jeremy Coe, a licensed attorney, to
enforce and protect the rights of Elvia Balderas Hernandez and the children the subject of this
suit. Respondent should be ordered to pay reasonable attorney's fees, expenses, and costs,
and a judgment should be rendered in favor of the attorney and against Respondent and be
ordered paid directly to the undersigned attorney, who may enforce the judgment in the
attorney's own name. Enforcement of the order is necessary to ensure the children's physical
or emotional health or welfare. The attorney's fees and costs should be enforced by any means
available for the enforcement of child support including contempt but not including income
withholding. Movant requests postjudgment interest as allowed by law.
Movant prays that Respondent be held in contempt and punished as requested, that the
Court order community supervision, that the Court order a bond or security, that the Court clarify
any part of its prior order found not to be specific enough to be enforced by contempt, for
attorney's fees, expenses, costs, and interest, and for all further relief authorized by law.
Page 3 of 4
Respectfully submitted,
COE ¢ ESTRADA LAW FIRM
423 South Spring Avenue
Tyler, Texas 76702
Tel: (903) 504-5386
Fax: (903) 504-5387
Cre
By
Jeremy Coe
State Bar No. 240071
jeremy@coelaw.net
ATTORNEY FOR MOVANT
Page 4 of 4
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Preview
Electronically Filed 11/24/2020 3:58 PM Penny Clarkston, Smith County District Clerk Reviewed By: J ulie Kester NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA NO. 20-0186-D IN THE MATTER OF IN THE DISTRICT COURT THE MARRIAGE OF ELVIA BALDERAS HERNANDEZ AND 321ST JUDICIAL DISTRICT JOSE ALBERTO MENDOZA BENITEZ AND IN THE INTEREST OF A.M.B. AND Y.E.M.B., CHILDREN SMITH COUNTY, TEXAS MOTION FOR ENFORCEMENT OF OVERNIGHT GUEST INJUNCTION This Motion for Enforcement of Overnight Guest Injunction is brought by Elvia Balderas Hernandez, Movant, Mother. 4 Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas Rules of Civil Procedure. 2. Movant objects to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial. 3 Movant is a joint managing conservator. 4 The children the subject of this suit is: Name: A.M.B. Sex: Male Birth date: 12/26/2012 Name: Y.E.M.B. Sex: Female Birth date: 02/18/2014 5 This Court has continuing, exclusive jurisdiction of this case as a result of prior proceedings. 6 The parties entitled to notice are as follows: a. Respondent, Jose Alberto Mendoza Benitez, who is a joint managing conservator. Process should be served wherever he may be found. Page 1 of4 7 On February 12, 2020, the parties filed a Rule 11 Agreement signed an order that appears in the minutes of this Court and states in relevant part as follows: a. Parties shall be enjoined by standard mutual injunctions (Pages 2 of the Rule 11 Agreement) Movant was the Petitioner and Respondent was the respondent in the prior proceedings. 8 Respondent has failed to comply with the order described above as follows: Violation 1. Thursday, September 3, 2020 — The Respondent allowed his paramour, Sonia Rodriguez, to remain at the residence after 9:00 p.m. while the children the subject of this suit were present, in violation of the overnight guest injunction. Please see photos attached hereto as Exhibit A. Violation 2. Friday, September 4, 2020 - The Respondent allowed his paramour, Sonia Rodriguez, to remain at the residence after 9:00 p.m. while the children the subject of this suit were present, in violation of the overnight guest injunction. Please see photos attached hereto as Exhibit A. Violation 3. Saturday, September 5, 2020 - The Respondent allowed his paramour, Sonia Rodriguez, to remain at the residence after 9:00 p.m. while the children the subject of this suit were present, in violation of the overnight guest injunction. Please see photos attached hereto as Exhibit A. Violation 4. Respondent has moved his paramour, Sonia Rodriguez, in with him in violation of the overnight guest injunction. 9 Movant requests that Respondent be held in contempt, jailed, and fined for each violation alleged above, for a period of six months on each count, to run concurrently. Page 2 of4 10. Movant requests that after Respondent serves his sentence for criminal contempt, Respondent be confined in the county jail for a period not to exceed eighteen months (total for civil and criminal contempt) or until Respondent complies with the order of the Court, whichever comes first. 14. Movant requests that Respondent be placed on community supervision for ten years on release from jail or suspension of commitment. 12. On two or more occasions, Respondent has failed to comply with the order of the Court by allowing his paramour to stay overnight with the children after 9:00 p.m. Movant requests that the Court order a bond or security for compliance with the Court's order. 13. Movant requests that, if the Court finds that any part of the order sought to be enforced is not specific enough to be enforced by contempt, the Court enter a clarifying order more clearly specifying the duties imposed on Respondent and giving Respondent a reasonable time within which to comply. 14. It was necessary to secure the services of Jeremy Coe, a licensed attorney, to enforce and protect the rights of Elvia Balderas Hernandez and the children the subject of this suit. Respondent should be ordered to pay reasonable attorney's fees, expenses, and costs, and a judgment should be rendered in favor of the attorney and against Respondent and be ordered paid directly to the undersigned attorney, who may enforce the judgment in the attorney's own name. Enforcement of the order is necessary to ensure the children's physical or emotional health or welfare. The attorney's fees and costs should be enforced by any means available for the enforcement of child support including contempt but not including income withholding. Movant requests postjudgment interest as allowed by law. Movant prays that Respondent be held in contempt and punished as requested, that the Court order community supervision, that the Court order a bond or security, that the Court clarify any part of its prior order found not to be specific enough to be enforced by contempt, for attorney's fees, expenses, costs, and interest, and for all further relief authorized by law. Page 3 of 4 Respectfully submitted, COE ¢ ESTRADA LAW FIRM 423 South Spring Avenue Tyler, Texas 76702 Tel: (903) 504-5386 Fax: (903) 504-5387 Cre By Jeremy Coe State Bar No. 240071 jeremy@coelaw.net ATTORNEY FOR MOVANT Page 4 of 4 Exhibit A ae eG o ae Be a8 M3 Bg Pe =ge = g a #4 wel = iva a o nee = 3 9 ee ae 2 838 Wc §3 ez 3s 22 eZ ss a. A SA Ba: z= aoe _ m”°: SA 22 ga 3c 83 +3 sz 22 e2 a. 38 re real i Oi Be aS] a gaf eee =, “a o Msc BB eS ze 22 sz 33 a a3 eel iv t 5B aa o one m”> es a ss wy MS oS} So BE o a ae = £5 Bg a. s 23 3 Hy ne Sp. i Ss x i can fir | i on — m”> ‘SHI mn” wl i 2° Be Hc ez oo az ae a. Ae aig rnd S Oo: =: =i LA| > i i BYi; Fz ree ae a rea a i LI 83 Ba is 3 te gz a. a i a Ae NY o eee in ae: na @ ik wi » - ae ic i 83 3B se ez a. 23 >. Si | Se = os see Saxe nm” Qo Fe re eg a i 2° 3a 88 ze sz £6 a. 5s - = a oO. eee an & Cm iB sa fg 2) Rc aa Biss a8 ss a. Y a f see 7 Cm Se a i 3° ae 3 2 ao 8g a. F3 = ane