Amanda Helen Taylor v. Todd Emory Taylor

CourtCourt of Appeals of Washington
DecidedFebruary 6, 2024
Docket39380-1
StatusUnpublished

This text of Amanda Helen Taylor v. Todd Emory Taylor (Amanda Helen Taylor v. Todd Emory Taylor) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amanda Helen Taylor v. Todd Emory Taylor, (Wash. Ct. App. 2024).

Opinion

FILED FEBRUARY 6, 2024 In the Office of the Clerk of Court WA State Court of Appeals Division III

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE

AMANDA HELEN TAYLOR, ) ) No. 39380-1-III Appellant, ) ) v. ) UNPUBLISHED OPINION ) TODD EMERY TAYLOR, ) ) Respondent. )

FEARING, C.J. — Amanda Taylor appeals from the superior court’s denial of a

protection order she sought against her former husband. Because Taylor’s appeal

primarily questions the superior court’s determination of credibility of the parties, we

affirm.

FACTS

This appeal entails the relationship between former spouses Amanda and Todd

Taylor. In September 2021, Amanda Taylor initiated a proceeding to dissolve her

marriage with Todd. The Taylors have two children, C.T. and L.T. C.T. was 13 years

old and L.T. was 11 years old in September 2021.

In January 2022, Amanda Taylor filed a motion for a temporary family law order

removing Todd from the family home. The dissolution court granted the motion and No. 39380-1-III, Taylor v. Taylor

afforded Todd thirty days to move from the house. The Taylors finalized the marital

dissolution in August 2022.

This appeal concerns the denial of a petition seeking a protection order, which

Amanda Taylor filed in October 2022. In the petition, Amanda complained of

controlling behavior by Todd before and after she filed the marital dissolution. In her

petition, Amanda averred:

I am afraid of how Todd may react in response to this request [for a protection order], towards the [children] and/or myself. This is based on the prior CPS situation with [L.T.] after I filed for divorce, and the threatening behavior from Todd towards myself related to the order for him to move out of the house. I am also afraid of the ongoing physical outbursts from [L.T.] towards myself and [C.T.] after contact with Todd. .... I have been afraid of Todd’s actions for several years and I continue to be afraid of his actions on a daily basis. Our children, [C.T.] and [L.T.], are also afraid as well. . . As Todd’s behavior continued after the finalized divorce documents, I reached out to the YWCA domestic violence program for help. This is where I learned about the Power and Control Wheel that identifies different forms of abuse, and also about the concept of coercive control. Physical aggression or threats of physical aggression directly from Todd happen occasionally. When discussing his own medical condition back in 2020, he talked about how I couldn’t cope with the pain if he hit me across the stomach, smashed both my hands with a hammer, and alternated sharp pokes with fire on my feet . . . About three months later in February of 2022, we had the hearing [to remove Todd from the home]. I was not given a link to attend the hearing, but Todd ended up with 30 days to move out. When Todd arrived back at the house that same evening of the hearing, he stood directly behind me while I was doing dishes. In a low voice, he commented “well, that sure went in your favor.” I was very scared and did not respond. Then later that night, I was starting to fall asleep on the couch. Todd walked upstairs and stood about two feet from the couch in the dark living room staring at me. He did not say anything,

2 No. 39380-1-III, Taylor v. Taylor

but continued to stand there for several minutes. My heart was beating out of my chest, and I did not know if he was going to do something or not. He ended up going back down the stairs. . . The verbal and emotional abuse happens very frequently. Prior to filing for divorce in September of 2021, Todd would frequently make humiliating and degrading comments toward me. He would tell me things like I was selfish, stupid, couldn’t manage money, I wasted time, I was disorganized, have bad anxiety, and [was] dirty. When I tried to explain how I was doing the best I could, he would say it was a “pity party for Amanda,” “you never cared about anyone else,” or I would “let him suffer while I went and did fun things with the kids.” . . . [W]hen I mentioned not being invited on a weekend trip he said “maybe if you behaved then you could go too.” Shortly after I filed for divorce in September of 2021, the way Todd communicated these types of things started to shift. Todd directed some of them towards [C.T.] and [L.T.] instead. . . . Todd also added saying things to [L.T.] such as “you are the reason your mom and I are getting divorced.” And “your mom and sister love their friends more than you.” These types of comments would send [L.T.] into emotional distress to the point where she acted out physically. She would hit, punch, kick, and slap me. She would also kick doors and walls and throw objects. . . . After Todd moved [from the family residence], he kept using [L.T.] as a way to continue the abuse. The degrading comments he made to [L.T.] continued. . . I hoped this situation would stop after the divorce paperwork was completed. However, it did not. The pattern is the same. Todd reaches out to [L.T.] through phone call and/or text message. . . . [L.T.] becomes upset to the point of hitting, kicking, punching, slapping, and pulling my hair. She has left visible bruises on my arms and legs, punched my head so hard with her fists I have a headache overnight, and grabbed my arm and pulled me to the ground. . . . .... In addition to the physical incidents, Todd uses his phone to take videos when he is made [sic] and threatens to use those videos against me. .... Todd will frequently blame me for keeping the kids away from him. .... I am in constant fear with everything I do or don’t do, and how Todd will use that against me. This fear is directly related to past threats and actions from Todd. . . .

3 No. 39380-1-III, Taylor v. Taylor

.... Todd has also taken actions to isolate me from others. . . . Other types of non-physical abusive behaviors by Todd include removing and withholding joint personal belongings. . . . Another primary way Todd maintains coercive control is through financial exploitation. He frequently withholds, deceives, or lies about financial information for his own personal gain. . . . [B]y May of 2019, I found out that Todd had opened his own individual checking account and transferred his direct deposit there instead. . . . .... Since 2019, Todd threatened many times that he could get a divorce at any time, and he could also force a sale of the house (text message attached dated 12-11-19). . . . .... The financial abuse goes well beyond just the house, though. When Todd submitted his pay stub with the divorce response in 2021, I also realized he had opened a new additional retirement account through his employer at some point–likely back in 2019. .... I have spent the last three years living in fear. Despite living in separate places and the divorce being final, Todd has continued the physical, verbal, emotional, and financial abuse. . . .

Clerk’s Papers (CP) at 9-27.

In a declaration opposing the petition for a protection order, Todd Taylor avowed:

I feel the case should be dismissed as I do not pose any danger to the children or Amanda. I love my children and put an emphasis on providing them as much love and support as I can. I have had very limited interaction with Amanda since the divorce was final and plan to have even less moving forward. I believe it is important to mention that the court has already heard the majority of the matters being presented in this petition, and no restraining order has been filed as a result of those proceedings. A protection order was not requested or ordered on the Temporary Family Law Order filed 2/23/22. A protection order was not requested or ordered on any of the final divorce decree paperwork filed 8/22/22.

4 No. 39380-1-III, Taylor v. Taylor

. . .

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Amanda Helen Taylor v. Todd Emory Taylor, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amanda-helen-taylor-v-todd-emory-taylor-washctapp-2024.