Watts v. Watts

1

Brian Watts, Appellant v. Staci Watts, Appellee

No. 03-21-00693-CV

Court of Appeals of Texas, Third District, Austin

December 22, 2023

FROM THE 250TH DISTRICT COURT OF TRAVIS COUNTY, NO D-1-FM-21-005845, THE HONORABLE CLEVE WESTON DOTY, JUDGE PRESIDING

Before Byrne, Chief Justice Triana and Smith Justices.

MEMORANDUM OPINION

Edward Smith, Justice

Brian Watts appeals from a family-violence protective order granted in favor of his wife, Staci Watts.^[1] He argues that the evidence was legally and factually insufficient to support a finding that family violence has occurred and is likely to occur in the future, and the trial court abused its discretion by awarding Staci attorney's fees. We affirm.

BACKGROUND

The record shows that, on September 22, 2021, Staci sought a two-year family-violence protective order against Brian in Travis County district court. In her application, Staci alleged that Brian engaged in conduct that constituted family violence against her, which included: pushing her, grabbing her forcefully causing bruising, and kicking a hole in a cabinet and punching a hole in a wall to intimidate her. The trial court entered a temporary ex parte protective order and show cause order the following day, and the matter was tried to the bench in November 2021.

After a trial on the merits where the court received evidence and heard testimony from Staci, Brian, Carol Augustine (Staci's mother), and Kelsey Guetschow (Brian's prior neighbor), the trial court granted a two-year protective order. The trial court found that family violence had occurred and either family violence or the reasonable threat of it is likely to occur in the future. The trial court ordered Brian to refrain from committing acts of family violence against Staci and not to use any force that would cause injury to her. The court also ordered Brian to refrain from any physical restraint of Staci and to avoid using force to destroy property or objects in her presence.^[2] Finally, based upon the testimony and evidence presented by Staci's attorney, the trial court ordered Brian to pay $28,000.00 in reasonable and necessary attorney's fees to Staci. Upon Brian's request, the trial court entered findings of fact and conclusions of law.

Testimony at Trial

At trial, Staci testified that she was living in Austin when she met Brian, who owned a condominium in Austin but lived in Iowa. Staci moved to Iowa to pursue her relationship with Brian, and she married Brian in 2018. The couple had a daughter, Sarah, approximately two years later. In July 2021 Staci left Iowa and brought Sarah back to Texas, where Staci's family resides. When Brian came to visit Staci in Austin in September 2021, a disagreement ensued. Late into the night on September 8, Brian began driving Sarah from Austin to Iowa, and Staci joined them.

Brian eventually turned the vehicle around and returned the family to his Austin condominium that same evening. Staci subsequently filed an application for a protective order.

Staci testified at trial that after she married Brian, he changed into a man she was scared of and controlled by. Staci stated that Brian shoved her, pushed her down, threw her down slammed her against the wall, and pinned her against the wall with her wrists held above her so that she could not move. Staci also said that Brian stood on her feet so that she could not move, tackled her to the ground, straddled her, and pinned her down. Staci testified that "the physical things were extremely scary." For instance, she testified that Brian laid on her with his entire body weight which would terrify Staci because Brian knew she was claustrophobic. Staci stated that Brian told her that she could see her family in Texas if she performed oral sex on him. She also testified that Brian regularly called her names such as "dumb fucking cunt," "stupid fucking twat," and "dirty fucking whore."^[3]

Staci testified that in March 2019, she discovered a duffel bag, a backpack, and a shoebox containing different kinds of steroids in their closet, along with needles, gauze pads, and alcohol wipes.^[4] Staci said that when she questioned Brian about the steroids, he screamed that she was a "sneaky little cunt" and that if she pressed the subject, he would send her "crawling back to Texas on [her] ass." Staci said that Brian grabbed her tight by the shoulders and pushed her, and she told Brian that he was hurting her. She stated that Brian shoved her hard enough that she stumbled into the coffee table, and she told Brian that he was scaring her. Staci testified that she was terrified as Brian followed her around the kitchen island, threw things, and kicked a hole in the kitchen cabinet. Staci testified that she had bruises on her arms from how hard Brian squeezed her. The trial court admitted into evidence photographs that Staci took of the steroids that she found and the hole that Brian made in the kitchen cabinet.

Staci testified that on July 28, 2019, Brian followed her around the kitchen and screamed at her. She stated that when she tried to get away, Brian grabbed her arm and held it so tightly that she thought her arm would break. Staci testified that Brian then grabbed her and slammed her head against the wall. Staci stated that Brian stepped on her foot with all of his body weight and pinned her wrists above her head so that she could not move. Staci stated that she cried and told Brian to let her go but that Brian pushed his thumbs tighter into her wrists. Staci testified that, after Brian released her, she tried to grab her cellular phone to call for help, but Brian took her cellular phone; slammed it on the ground; stomped on it; and said, "Good luck fucking calling anybody with that." Staci testified that when she later attempted to leave their home, Brian tackled her, pinned her down, and screamed at her that no one would believe her because she was a "fucking girl from Texas." The trial court admitted photographs that Staci took of her smashed cellular phone and the bruises she purportedly sustained to her feet during the incident. Staci testified that she also sustained bruises to her wrist, thigh, and shoulders.

Staci testified that in October 2019, Brian punched a hole through the wall of their home six inches from where she was standing, and the trial court admitted a photograph that Staci took of the hole. Staci testified that she was afraid when this happened.

Staci testified that on June 25, 2020, when she was in her last trimester of pregnancy, Brian threw her against the dining table, pushed his chest and forehead onto hers, and called her an "ungrateful little bitch." Staci stated that Brian held her arms tightly, and she told Brian that he was hurting her and hurting the baby. Staci testified that her arms were bruised from the encounter.

Staci testified that when the incision from her cesarean was days old and Sarah was in the neonatal intensive care unit (NICU), Brian physically picked Staci up and threw her onto their bed. Staci felt a tearing and thought the stitches from her cesarean had come undone, and she screamed out in pain. Staci testified that Brian left her on the bed, and she cried in pain as she made her way off the bed and down the stairs of their home to return to the hospital to visit Sarah. Staci stated that although she felt pain for at least a week after this incident, she did not report Brian because she was worried about Sarah's condition in the NICU.

Staci testified that in April 2021, Brian cornered her and screamed at her when she confronted him about Adderall she found in their home. When Staci tried to get her cellular phone, Brian pushed her and ran into the bedroom where her phone was located. When Staci made another comment about Adderall, Brian came out of the bedroom; chased Staci down the hall; and threw her onto the ground, causing her to hit her head. Staci stated that she cried from the pain, as Brian stood over her and said something similar to "don't ever fucking threaten me again you stupid fucking bitch."

Staci stated that she later found Brian downstairs going through her cellular phone, and Brian pushed her repeatedly when she reached for her phone. Staci stated that when Brian saw a photograph in her phone of Sarah with Brian's mother,^[5] he called Staci a "backstabbing fucking cunt," picked Staci up, threw her on the ground, and slammed the door shut that Staci was opening to leave the house. Staci stated that Brian picked her up and slammed her against the wall twice. Brian then let Staci go and threw her phone at her, but she locked herself in the guest bedroom because Brian was still yelling. Staci said that Brian then "busted" through the guest bedroom door, so she locked herself in the guest bathroom. Staci said that when she finally left the guest bathroom, she discovered that Brian had taken the keys to her car. The trial court admitted photographs of the injuries that Staci purportedly sustained to her arms and legs as a result of the incident. Staci testified that she experienced pain because of her injuries, particularly near the back of her skull, and that she was afraid for her physical safety during the incident. Staci testified that she went to Brian's parents' home the next morning. While she was there, Brian sent her text messages stating that she had one hour to remove her belongings from their home and he was divorcing her.

Staci testified that, on July 28, 2021, Brian followed her into the bathroom and screamed at her for nearly an hour, shoved her and punched his fists like he was going to hit her. Staci said that Brian called her a "fucking cunt" and "dirty whore" and told her that he would take Sarah from her. Staci said that when she told Brian his behavior scared her, he...