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Russell Thomas Boyd v. Christina Michelle Palmore

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DISSENTING OPINION

Russell Thomas Boyd‟s sole appellate point argues that the acts proven as the basis for the protective order do not qualify as family violence and thus the grant of a protective order against him is not supported by legally or factually sufficient evidence.

In an obviously misguided effort to communicate with his child‟s mother, Boyd, a man with emotional and other issues (including a voluntary commitment to a mental health facility), had messages sent to the woman that falsely reported that he had committed suicide; he told her (whether truthfully or not is not a part of the record before us) that she was under surveillance (tracking devices on her vehicle; private investigator; hidden video cameras); and he jumped atop the hood of her car to compel her to stop and talk to him. This case rises or falls on the determination by the trial court that jumping onto the hood of a vehicle is an act “intended to result in physical harm, bodily injury, assault, or sexual assault” (of another . . . not the “hood jumper‟) and/or “is a threat that reasonably places the (family or household) member in fear of imminent physical harm, bodily injury, assault, or sexual assault . . . .” TEX. FAM. CODE ANN. § 71.004 (Vernon 2002).

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