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19-281 2-D
No.
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9= 12
1N THE MATTER 0F § 1N THE DISTRICT COURT
THE MARRIAGE 0F §
MATTHEW BRYAN QUEEN
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§
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v
AND § JUDICIAL DISTRICT
§
LEANN NICOLE QUEEN §
§
AND 1N THE INTEREST 0F §
3.3., 1.C.Q. AND E.L.Q., CHILDREN § SMITH COUNTY, TEXAS
§
TEMPORARY RESTRAINING ORDER AND
ORDER SETTING HEARING FOR TEMPORARY ORDERS
The application of Petitioner, Matthew Bryan Queen, for temporary restraining order was
presented to the Court today. Respondent isLeAnn Nicole Queen.
The children the subject of this suit are B.B., I.C.Q. and E.L.Q.
The Court examined the pleadings and affidavit 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 isimmediately restrained, 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
ofi‘ensive 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.
r 3. Placing a telephone call, anonymously, at any unreasonable hour, in an ofi'ensive
and repetitious manner, or without a legitimate purpose of communication with the intent to
I
annoy or alarm Petitioner.
4. Intentionally, knowingly, 0r recklessly cahsing bodily injury to Petitione‘r or to a
>
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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,
t—he
encumbering, transfem'ng, or otherwise banning or reducing value of the prdperty of one or
both of the parties with the intent to obstruct the authority of the Court to order a division of the
estate 9f the parties in a manner that the Court deems just and right, having due-regard for the
rights of ea'ch partyghd the children of the marriage.
7. Intentié‘nalfy falsifying any writing .0r record, including an eiectronic record,
relating to the propertyflof either party.
8. Intentioxjally misrepresenting or refixsing to disclbse to Petitioner or to the Court,
on proper request, the existence, amount, or location of any tangible or intellectual prgperty of
one or both of the parties, including electronically stored or recorded information.
9. Intentionaliy qr knowingly damaging or destfoying the tangible or intellectual
property of one or both of the parties, including electronically stored 01"recorded information.
10. Intentionally or knowingly tampering with theAtangible or intellectual propexty of
one or both of the parties, including electronically stored or recorded information, and causing
pecuniary loss or substantial inconvenience to Petitioner.
11. Sellingttransferring, aSsigning, mortgaging, 'encumbering, or in any other manner A
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. ,Incurfing ?any deb‘t, other than legal expenses connection with this suit, except
it}
as specifically authorized by this order.
13. Withdrawing money from any checking or savings account in any financial
v
institution for any purpose, except as specifically authorized this order.
ljay
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-sharihé, pension, death, or other employee benefit plan, employee Savings
plan, individual retirement account; or Keogh account of either party, except as spécifically
’
aumdrized by this Order.
.
16. Withdrawing; transferring, assigning, encumbering, selling, or in any other
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manner alienating any funds or assets- held in any brokerage acetgunt, mutual fimd account, or
investment account [by one or both parties, regardless of whether the fimdg or assets are
community or separate property and whethér the accbunts are self-managed or managed by a
a
third party, except as specifically authorized in thi§ order.
I7. Withdrawing or borrowing in any mahner all or any part of the cash surrender of.
any life insurance policy on the lifeof either party or the parties children, 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
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both ofthe panics, whether individually or joinily with others.
19. Changing or in any manner altering the beneficiary designation on any life
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insurance policy on'the life of either party or the parties' children.
20.
*
Cancpling, altering, failing to renew or paylpremiums on, or in any manner
_
affecting the of Coveragefiat
lev‘el‘ existed at the time this suit was .filed of, any casualty,
-life,_
v
autqlfiobile, or health insurance policy insuring the parties' property or, persons, including the
’
parties' children.
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21. Opefiinlg or diverting mail or e-mail or any (ither electronic commuriication
addréssed to Petitioner.
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‘22. Signing or endorsing Petitioner's name on any fiegotilable instrument, bheck, ‘or
draft, including a tax refund, insurance payment, and dividend, or attempting $0 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 fiom either
paity's Wages or salary.
rec'ords-of the panigé, including
25. Destfoying, disposing of, or alg‘ering any financial
but not liinitcd to a caficeled check, deposit slip,and other recé'rds from a financial institution, a
record of credit purchases or Cash advances;
'a
tax return, and a financi-al statemgnt.
U
26. hDestroying, disposing off,or altering any e-mail, .text meséage, video mcss'age,~or
cfiat message or other. électronip data or electfofiically stored information reléVant to the subject
matters of this stored on a hard drive, id a removable storage deviéegin cloud.
case, Wheihfir
' ‘
stog‘age, or in anothér elet‘m‘ofiic storage medium.
“
27. Modifying, changing, or altering the native format or metadéta of any electfonic
data or-el’ectronically stored information relevant to the subject matters of this case, Whether
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stored on a hard arive, in a removable storage device, in cloud storage, or in another electrouic
storage medium.
I
28. Deleting any data or content from any social network profile used or created by
either party including the parties' children.
29. Using _any password Ior personal identificatidn number to gain access to
Petitioner's e-mai] accouqt, bank accofint, social media account, or‘any other electronic account.
30. Terminating or any ‘inanner affecting thew service ‘of water, electricity; gas,
[in
telephone, cable television, or afiy other cdntractual services, including security, pest control,
landscaping, or yard maintenance,.at 16322 FM 849, Lindale, Texas 75771 or'in any manner
attempting to withdraw any deposits for service in connection with any of those services.
31. EXCIudjngg Petitioner from the use and enjoyment of the residence located at
16322 FM 849, Lifidale‘, Texas 75771.-
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32. Entering, operating, or exercising control over the mqtor vehicle in the possession
of Petitioner.
33. Diétgrbing the peace of the children or of another party.
34. Withdrawingthe childrén from enrollment in the schbol or day-care facility where
the children are presently enrolled.
35. Hiding or secreting the_children from Petitioner. .
36. Making dispfiraging remarks regarding Petitioner or Petitioner's family in the
presence or within the hearing ofthe children or on any form 0f social media.
Discussing litigationconceming the children in the firesepce “'Iithinthe
37. any o_r
hearing ofthe children’or on any form 0f social media.
IT IS FURTHER ORDEREDthat Respondent is authorized only as follows:
To make expéxiditmes and incur indebtedness for reasonablevand necessary living
expenses for fobd, clothing, §helter, transportation, and medical care.
.
To mafia experé'ditures and inbur indebtedness f0}-reasonable attomey‘s fees and expenses
in connection with this suit;
To, make withdrawals from accounts in financial institutions only for the pgxposes
-
authorized by this ordér.
For purposeé of thié oi‘der, "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 commércial_banks, savings banks, and
credit uniohs;
c.
funds and assets held in brokerage, mutual fund, and other investment accounts;
d. publicly trgded stocks, bands, and other securi‘ties;
e. stock options and restriCted stock units;
f. bonuses;
g. closely held business int'erests;
h. retirement benefits and accounts;
I
i. deferred compensation benefits;
j insurancé policies, annuities; and health savings accounts;
k. motor vehicles, boats, airplanes, cycles, mobile homes, trailers,‘and' recreational
vehicles;
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l. mofiey owed‘ to one or both parties, including notes and expected inconic tax.
refimds;
m. household furniture fimfishings, and fixtures;
n. electronics and computers;
I
o. antiques, artwdrk, and collections;
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p. sporting goods anc} firearms;
q. jewelry afid othe-rjp|er80nal items; V
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r. pets and livestock;
s. clubvmemberships;
t. travel award‘benefits anfi other awardv a'céourits;
u. crops, farm equipment, construction equipment, tools, leases, cefnetery ldts, gold
or silveé agins not partlofa collection, tax o§emaymenis,_loss‘ carry-forward
deducgions, anéry tickets/wirinings, stadium bonds, stadium seat licen'ses, seat
options, season tickets, ranch brands, and business names;
'
v. digital ‘assets such as e-mail ad‘dresses, socifal network accounts, Web sites;
domain naines, digital media such as pictfireé, music, e-books,‘movies, and:
videos? Blogs, reward points, digital storefronts, artwork, and data storage
accounts;
w. virtual ‘assets s‘uch Kas virtual pets, avatars, accessories for virtual characters,
virtua! prizes, virtual réal estate, and virtual currency;
r
x. safc-deposit boxes and their cofitents;
'
y. storage ‘fapilities and their cofitents; and , i 5
z contingent assets.
This restraining order is effective immediately and shall continue in force and effect until
fuflher order of this Court or until itexpires by operation-of law. This order shali 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
othewvise. The requirement of a bond is waived.
IT IS FURTHER ORDERED that the clerk shall issue notice to Rmpondent, LcAnn
Nicole Queen, to appear, and Respondent isORDERED to appear in person, before this Court in
the courthouse at 100 N. Broadway Ave., Tyler, Texas, on ”WCMUI’AVQ 9W4
y.
at
9'1
a Am
_. 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. The Court should make all other and further orders reSpecting the property and
the parties that are pleaded for or that arc deemed necessary and equitable and for the safety and
welfare of the children.
SIGNED on MMMIatfl i
71° 1M.
IQ _
JUDGE P SIDING
Preview
. n F.” e“ r 3.3“;C}: ‘ 19-281 2-D No. WWW H m ‘ 9= 12 1N THE MATTER 0F § 1N THE DISTRICT COURT THE MARRIAGE 0F § MATTHEW BRYAN QUEEN § § m“ ' ' v AND § JUDICIAL DISTRICT § LEANN NICOLE QUEEN § § AND 1N THE INTEREST 0F § 3.3., 1.C.Q. AND E.L.Q., CHILDREN § SMITH COUNTY, TEXAS § TEMPORARY RESTRAINING ORDER AND ORDER SETTING HEARING FOR TEMPORARY ORDERS The application of Petitioner, Matthew Bryan Queen, for temporary restraining order was presented to the Court today. Respondent isLeAnn Nicole Queen. The children the subject of this suit are B.B., I.C.Q. and E.L.Q. The Court examined the pleadings and affidavit 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 isimmediately restrained, 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 ofi‘ensive 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. r 3. Placing a telephone call, anonymously, at any unreasonable hour, in an ofi'ensive and repetitious manner, or without a legitimate purpose of communication with the intent to I annoy or alarm Petitioner. 4. Intentionally, knowingly, 0r recklessly cahsing bodily injury to Petitione‘r 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, t—he encumbering, transfem'ng, or otherwise banning or reducing value of the prdperty of one or both of the parties with the intent to obstruct the authority of the Court to order a division of the estate 9f the parties in a manner that the Court deems just and right, having due-regard for the rights of ea'ch partyghd the children of the marriage. 7. Intentié‘nalfy falsifying any writing .0r record, including an eiectronic record, relating to the propertyflof either party. 8. Intentioxjally misrepresenting or refixsing to disclbse to Petitioner or to the Court, on proper request, the existence, amount, or location of any tangible or intellectual prgperty of one or both of the parties, including electronically stored or recorded information. 9. Intentionaliy qr knowingly damaging or destfoying the tangible or intellectual property of one or both of the parties, including electronically stored 01"recorded information. 10. Intentionally or knowingly tampering with theAtangible or intellectual propexty of one or both of the parties, including electronically stored or recorded information, and causing pecuniary loss or substantial inconvenience to Petitioner. 11. Sellingttransferring, aSsigning, mortgaging, 'encumbering, or in any other manner A 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. ,Incurfing ?any deb‘t, other than legal expenses connection with this suit, except it} as specifically authorized by this order. 13. Withdrawing money from any checking or savings account in any financial v institution for any purpose, except as specifically authorized this order. ljay 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-sharihé, pension, death, or other employee benefit plan, employee Savings plan, individual retirement account; or Keogh account of either party, except as spécifically ’ aumdrized by this Order. . 16. Withdrawing; transferring, assigning, encumbering, selling, or in any other ‘ manner alienating any funds or assets- held in any brokerage acetgunt, mutual fimd account, or investment account [by one or both parties, regardless of whether the fimdg or assets are community or separate property and whethér the accbunts are self-managed or managed by a a third party, except as specifically authorized in thi§ order. I7. Withdrawing or borrowing in any mahner all or any part of the cash surrender of. any life insurance policy on the lifeof either party or the parties children, 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 ofthe panics, whether individually or joinily 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. * Cancpling, altering, failing to renew or paylpremiums on, or in any manner _ affecting the of Coveragefiat lev‘el‘ existed at the time this suit was .filed of, any casualty, -life,_ v autqlfiobile, or health insurance policy insuring the parties' property or, persons, including the ’ parties' children. t ' 21. Opefiinlg or diverting mail or e-mail or any (ither electronic commuriication addréssed to Petitioner. ‘ ‘ ‘22. Signing or endorsing Petitioner's name on any fiegotilable instrument, bheck, ‘or draft, including a tax refund, insurance payment, and dividend, or attempting $0 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 fiom either paity's Wages or salary. rec'ords-of the panigé, including 25. Destfoying, disposing of, or alg‘ering any financial but not liinitcd to a caficeled check, deposit slip,and other recé'rds from a financial institution, a record of credit purchases or Cash advances; 'a tax return, and a financi-al statemgnt. U 26. hDestroying, disposing off,or altering any e-mail, .text meséage, video mcss'age,~or cfiat message or other. électronip data or electfofiically stored information reléVant to the subject matters of this stored on a hard drive, id a removable storage deviéegin cloud. case, Wheihfir ' ‘ stog‘age, or in anothér elet‘m‘ofiic storage medium. “ 27. Modifying, changing, or altering the native format or metadéta of any electfonic data or-el’ectronically stored information relevant to the subject matters of this case, Whether A stored on a hard arive, in a removable storage device, in cloud storage, or in another electrouic storage medium. I 28. Deleting any data or content from any social network profile used or created by either party including the parties' children. 29. Using _any password Ior personal identificatidn number to gain access to Petitioner's e-mai] accouqt, bank accofint, social media account, or‘any other electronic account. 30. Terminating or any ‘inanner affecting thew service ‘of water, electricity; gas, [in telephone, cable television, or afiy other cdntractual services, including security, pest control, landscaping, or yard maintenance,.at 16322 FM 849, Lindale, Texas 75771 or'in any manner attempting to withdraw any deposits for service in connection with any of those services. 31. EXCIudjngg Petitioner from the use and enjoyment of the residence located at 16322 FM 849, Lifidale‘, Texas 75771.- ' 32. Entering, operating, or exercising control over the mqtor vehicle in the possession of Petitioner. 33. Diétgrbing the peace of the children or of another party. 34. Withdrawingthe childrén from enrollment in the schbol or day-care facility where the children are presently enrolled. 35. Hiding or secreting the_children from Petitioner. . 36. Making dispfiraging remarks regarding Petitioner or Petitioner's family in the presence or within the hearing ofthe children or on any form 0f social media. Discussing litigationconceming the children in the firesepce “'Iithinthe 37. any o_r hearing ofthe children’or on any form 0f social media. IT IS FURTHER ORDEREDthat Respondent is authorized only as follows: To make expéxiditmes and incur indebtedness for reasonablevand necessary living expenses for fobd, clothing, §helter, transportation, and medical care. . To mafia experé'ditures and inbur indebtedness f0}-reasonable attomey‘s fees and expenses in connection with this suit; To, make withdrawals from accounts in financial institutions only for the pgxposes - authorized by this ordér. For purposeé of thié oi‘der, "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 commércial_banks, savings banks, and credit uniohs; c. funds and assets held in brokerage, mutual fund, and other investment accounts; d. publicly trgded stocks, bands, and other securi‘ties; e. stock options and restriCted stock units; f. bonuses; g. closely held business int'erests; h. retirement benefits and accounts; I i. deferred compensation benefits; j insurancé policies, annuities; and health savings accounts; k. motor vehicles, boats, airplanes, cycles, mobile homes, trailers,‘and' recreational vehicles; ‘ l. mofiey owed‘ to one or both parties, including notes and expected inconic tax. refimds; m. household furniture fimfishings, and fixtures; n. electronics and computers; I o. antiques, artwdrk, and collections; ‘ p. sporting goods anc} firearms; q. jewelry afid othe-rjp|er80nal items; V “a ‘ r. pets and livestock; s. clubvmemberships; t. travel award‘benefits anfi other awardv a'céourits; u. crops, farm equipment, construction equipment, tools, leases, cefnetery ldts, gold or silveé agins not partlofa collection, tax o§emaymenis,_loss‘ carry-forward deducgions, anéry tickets/wirinings, stadium bonds, stadium seat licen'ses, seat options, season tickets, ranch brands, and business names; ' v. digital ‘assets such as e-mail ad‘dresses, socifal network accounts, Web sites; domain naines, digital media such as pictfireé, music, e-books,‘movies, and: videos? Blogs, reward points, digital storefronts, artwork, and data storage accounts; w. virtual ‘assets s‘uch Kas virtual pets, avatars, accessories for virtual characters, virtua! prizes, virtual réal estate, and virtual currency; r x. safc-deposit boxes and their cofitents; ' y. storage ‘fapilities and their cofitents; and , i 5 z contingent assets. This restraining order is effective immediately and shall continue in force and effect until fuflher order of this Court or until itexpires by operation-of law. This order shali 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 othewvise. The requirement of a bond is waived. IT IS FURTHER ORDERED that the clerk shall issue notice to Rmpondent, LcAnn Nicole Queen, to appear, and Respondent isORDERED to appear in person, before this Court in the courthouse at 100 N. Broadway Ave., Tyler, Texas, on ”WCMUI’AVQ 9W4 y. at 9'1 a Am _. 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. The Court should make all other and further orders reSpecting the property and the parties that are pleaded for or that arc deemed necessary and equitable and for the safety and welfare of the children. SIGNED on MMMIatfl i 71° 1M. IQ _ JUDGE P SIDING