Opinions, April 14, 2015

This morning, the First District Court of Appeals issued its unpublished opinion in Kuzbary v. Kuzbary, No. 01-14-00457-CV (Tex.App.–Houston [1st Dist.] Apr. 14, 2015) (mem. op.). Sam Kuzbary appealed a protective order granted in favor of his daughter Miriam Kuzbary in the trial court. Miriam’s parents lived in Dallas but Sam had obtained employment in the Houston area. For a while he stayed with Miriam at her apartment, but she eventually asked him to leave because he was drinking a lot and yelling at her. After he left, he sent what appears to be many, many threatening emails to Miriam. The police instructed him many times to stop communicating with her, but often within hours of speaking to the police, he would send her another violent email. Sam also contacted Miriam’s employment and other third parties she was associated with. Miriam testified that Sam had been violent with her in the past and that she feared for her emotional and physical safety. The trial court found family violence had occurred in the past and was likely to occur in the future and issued a protective order which barred Sam from contacting Miriam, coming within 400 feet of her or her residence, school, or work, and ordering Sam to relinquish possession of his multiple firearms and complete a battering intervention and prevention program. Sam filed a motion for new trial which was denied and then timely appealed. Sam challenged the legal and factual sufficiency of the trial court’s findings that family violence had occurred in the past and was likely to occur in the future. The Court of Appeals affirmed.


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