Court of Appeals of Texas, Fifth District, Dallas
Appeal from the 292nd Judicial District Court Dallas County,
Texas Trial Court Cause No. CV16-00181V-292nd
Justices Francis, Brown, and Schenck
Marcus Dewon Sallis appeals a protective order issued in
favor of E.A.K., his ex-girlfriend and mother of their son.
In two issues, appellant contends (1) there is factually
insufficient evidence to support a finding he was likely to
commit family violence in the future and (2) the protective
order exceeds the scope of allowable statutory protections by
including a provision prohibiting him from coming within 500
feet of E.A.K.'s confidential school address. We conclude
the first issue is without merit. The State concedes the
second issue. Accordingly, we modify the protective order to
remove the challenged provision and affirm as modified.
testified she and appellant met in the summer of 2011 and
began dating in November 2012. In the beginning, she said the
relationship was "pretty good" because appellant
traveled for his job and most of their interactions were by
text message or email. When appellant returned to Dallas, she
said they began dating seriously and she became pregnant. At
first, they considered an abortion and went to a clinic.
E.A.K. was seven weeks' pregnant at the time. She and
appellant went in separate cars. When E.A.K. arrived,
picketers and rioters were outside the clinic and came to her
car. She was afraid and drove off.
called appellant and asked him to meet her around the corner.
When appellant arrived, E.A.K. said she was crying and
emotional as she got into his car to discuss their decision.
E.A.K. said appellant "got very angry" and, without
warning, took his open hand and bashed her head against the
passenger side window. E.A.K. started to cry and scream, and
appellant was "yelling very loudly." E.A.K. ran to
her car, drove off, and called 911. She met police nearby and
made a report. Although the incident terrified her, she said
she ultimately agreed not to prosecute the case because she
and appellant were "having a child together."
February 2014, when E.A.K. was almost nine months'
pregnant, a second incident occurred. E.A.K. was preparing
for a baby shower scheduled the next day. E.A.K. said there
were several tasks that appellant needed to complete, and he
became "very agitated and angry." He yelled at her
and called her a name, and she asked him to leave. As she was
walking down the stairs, E.A.K. said appellant pushed her and
she stumbled down six stairs to the landing. She got up, ran
down the remaining stairs, and tried to open the front door.
She said appellant put both hands on her chest and pushed
her, causing her to fall backward over a stroller. E.A.K.
said appellant's mother jumped on appellant and dragged
him out the door, enabling E.A.K. to close the door and lock
it. Appellant stood outside the door for several minutes
screaming at E.A.K. before leaving. E.A.K. said her young
daughter from a previous marriage watched the incident from
the top of the stairs. E.A.K. said she called the police, but
appellant was not arrested.
that incident, E.A.K. said she was "very afraid, "
and she and appellant did not see each other until C.S. was
born the following month. Following his birth, she said they
were "trying to figure out" what was going to
happen next. When C.S. was about three weeks old, appellant
came to her house to visit him. She and appellant got into an
argument over medical bills that they previously agreed to
split. She said appellant began "raising his voice"
and pushed her against the living room wall. Her sister,
Nicole, witnessed the incident and told appellant to leave.
Nicole corroborated E.A.K.'s story at trial. Nicole
testified she was in the kitchen when she heard them arguing.
She "peeked" into the room and saw appellant push
E.A.K. against the wall. She said E.A.K. was holding the baby
at the time and was still recovering from a Caesarian section
operation. This was the only occasion Nicole said she
witnessed physical abuse, but she said appellant raised his
voice "[a]ll the time."
next incident occurred when E.A.K. and appellant took C.S.
for his one-year checkup. E.A.K. said appellant was agitated
during the appointment and tried to block her from leaving
the room at the end of the exam. While she was checking out,
appellant grabbed C.S. and left without saying anything.
E.A.K. hurried after him and, because of their history,
started to record what was happening on her phone.
walked to his car and said he was leaving with C.S., even
though the child was supposed to leave with E.A.K. Appellant
had C.S. in one hand and was trying to open his car door with
the other, and E.A.K. asked him to give her C.S. She said
appellant turned around "very forcefully with his
elbow" and elbowed her in the chest. E.A.K. said she
fell to the ground and began screaming. Once she stood up,
appellant handed her C.S., but took her cell phone and threw
it across the parking lot. She ran to her car with C.S.,
locked her doors, and called 911 from the cell phone she used
for work as a realtor. A photograph depicting a bruise on her
chest was admitted into evidence.
final incident occurred on March 22, 2016. At that time,
E.A.K. and appellant had a "strained relationship"
but had been attending co-parenting classes. The classes had
interfered with appellant's regularly scheduled
visitation, so she contacted him to see if he wanted to spend
time with C.S. They agreed to meet at 5 p.m. at a hotel
parking lot at I-635 and Preston Road in
Dallas, but the traffic was heavy and E.A.K. called to let
him know she would be late. When she pulled into the parking
lot twenty-three minutes late, she said appellant immediately
began yelling at her, scolding her for being late, and
calling her names. When she took C.S. out of his car seat and
tried to hand him to appellant, appellant refused to take
him, saying E.A.K. did not "take his time
seriously" and that she was "going to pay for
walked back to her car and put C.S. in his car seat.
Appellant followed and grabbed her by the back of her arms
and pulled her backward, causing her to fall on her tailbone.
Appellant turned to take C.S. out of his car seat as E.A.K.
got up and turned on her phone to record him. She said when
appellant saw her with her cell phone, he "los[t]
it" and came toward her. E.A.K. said she jumped on top
of C.S., who was still in his car seat, to get in her vehicle
and close the door. She locked the back doors, and appellant
tried to force open the door. As she was climbing over the
console area to lock the front doors, appellant entered her
car through the front driver's side door. Appellant
pushed E.A.K. backward into the passenger seat and pinned her
down "by the neck" with one of his arms. E.A.K.
said she was gasping for air, and then appellant squeezed her
wrist until it popped and her cell phone fell from her hand.
Appellant took her cell phone and got out of her car. E.A.K.
was trying to "figure out" what to do when she
realized she had lost her shoes on the parking lot. She got
out to get them and then drove to a nearby sandwich shop to
call police. The police took a report and photographed her
injuries, which included scratches, bruises, and a swollen
wrist. Several photographs depicting her injuries were
admitted into evidence as well as a photograph showing damage
to her vehicle's door handle.
testified other things happened in between the incidents she
had detailed in her testimony. She said appellant has
"great anger" and is unpredictable, so most of
their interaction is negative. Even so, she ...