Cory v. Cory

989 So. 2d 855, 2008 WL 3401337
CourtLouisiana Court of Appeal
DecidedAugust 13, 2008
Docket43,447-JAC
StatusPublished
Cited by12 cases

This text of 989 So. 2d 855 (Cory v. Cory) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cory v. Cory, 989 So. 2d 855, 2008 WL 3401337 (La. Ct. App. 2008).

Opinion

989 So.2d 855 (2008)

Kimberly Dawn CORY, Plaintiff-Appellee
v.
Dennis Michael CORY, Defendant-Appellant.

No. 43,447-JAC.

Court of Appeal of Louisiana, Second Circuit.

August 13, 2008.

*857 Amy L. Greenwald, for Appellant.

Kimberly D. Cory, In Proper Person.

Before WILLIAMS, GASKINS and CARAWAY, JJ.

WILLIAMS, J.

Defendant, Dennis Michael Cory, appeals a trial court judgment issuing an order of protection and awarding child support in the amount of $628.28 per month. For the reasons set forth herein, we dismiss as moot the appeal of the issuance of the order of protection. We affirm the trial court's finding that domestic abuse occurred, and we affirm the child support award in favor of Kimberly Dawn Cory.

FACTS

Plaintiff, Kimberly Dawn Cory ("Kimberly"), and defendant, Dennis Michael Cory ("Dennis"), are husband and wife with three minor children.[1] On November 29, 2007, Kimberly filed a petition for protection from abuse, pursuant to the Domestic Abuse Assistance Act, LSA-Ch.C. art. 1564, et seq., naming Dennis as the defendant. Kimberly alleged that Dennis had abused her by threatening her with bodily harm, threatening her life and threatening her with a weapon.[2] She specifically alleged that the following events transpired on November 27, 2007:

• Dennis returned to the matrimonial domicile "to move back in."
• Dennis refused to allow her to pack a bag so she could leave.
• She called the sheriff's department to assist her.
• She went "out to the road" to wait for sheriff's deputies.
• Dennis got into his truck and began "revving up" the motor.
• Kimberly "ran up the neighbor's drive."
• Dennis put the truck in reverse and began spinning gravel with the tires.
• Kimberly ran toward the house.
• Dennis chased Kimberly, yelling, "Run."
• Kimberly ran toward a neighbor's house.
*858 • The couple's youngest child came between them and Dennis returned to his truck to wait for sheriff's deputies.

The trial court issued a temporary restraining order ("TRO") awarding Kimberly miscellaneous relief, including the use of the matrimonial domicile, custody of the children, use of a vehicle, and orders for Dennis to stay away from the parties' home and the children's schools. Additionally, the court specifically prohibited Dennis from having visitation with the children until a hearing was held.[3]

A hearing was held on December 14, 2007. During the hearing, Kimberly testified that on the day of the incident, Dennis was waiting for her inside the family home when she returned from picking her daughter up from school. When Dennis informed Kimberly that he was moving back into the home, she asked him to walk outside so she could pack her bags and leave. Kimberly stated that Dennis refused to leave and began "ranting and carrying on," so she called the sheriff's department and went outside to wait for them. While she was waiting for the deputies to arrive, she called her aunt, Christie Spears, on her cellular phone and remained on the phone with her throughout the episode. Kimberly testified that Dennis came out of the house, got into his truck and "started revving the motor up." He then put the truck in reverse and she ran into a neighbor's driveway. Dennis exited the truck, yelling at her. She first ran toward her house, but decided to run to a neighbor's house. The couple's youngest daughter came between them and screamed, "Daddy, Daddy!" Dennis then calmed down and waited in his truck for the sheriff's deputies to arrive. Kimberly testified that she believed Dennis was going to run over her with the truck. She also testified that Dennis had never harmed her in the past. Kimberly stated:

[Dennis] has threatened to do things. He just—that's what he does. He threatens and intimidates.... He has never hit me, but I'm scared. He's done everything but hit me.... He stands over me and hovers over me calling me names, threatening he's going to whip my ass, just completely intimidating.... He's threatened me. He does not just walk up ... He comes at you at a fast pace. He wants you to think that you're fixing to get hit.

Harley Cory, the couple's sixteen-year-old daughter, also testified. She stated that she saw her father revving the motor of his truck and she feared for her mother's safety. Harley also testified that she saw Dennis' truck moving in Kimberly's direction and Kimberly running. According to Harley, Dennis got out of the truck and walked toward Kimberly at a fast pace. She expressed that she had never seen Dennis hit Kimberly, stating, "He's never physically hurt my mother, but I'm not saying what he could and what he couldn't do."

Officer Russell Hicks of the Caddo Parish Sheriff's Department also testified. He stated that when he arrived at the couple's home on the day in question, Dennis was sitting in his truck talking to his youngest daughter, but Dennis left after he arrived. Kimberly was inside of the home "gathering items." Officer Russell testified that Kimberly did not mention the incident involving the truck or the alleged threats. He stated that when he arrived, "everybody seemed pretty calm."

*859 Dennis denied trying to run over Kimberly with the truck. He admitted revving his engine and backing the truck out of the driveway. He also admitted that Kimberly began to run, but he denied threatening or chasing her. Dennis testified that, on the day in question, he went to the house to do some work and noticed that the family's animals were not receiving proper care. Later, during his testimony Dennis stated that he went to the home "with the sole purpose to talk to [Kimberly], to explain that there's enough room for everyone to live there." He stated that Kimberly refused to talk to him and "refused to even explain to me what's happening."

Christie Spears was allowed to testify over Dennis' objection. Spears testified that she was on the phone with Kimberly during the incident in question. She stated that Kimberly was "just terrified" and expressed her fear that Dennis was going to run over her. Spears testified that she heard Kimberly state, "He's chasing me," and she could tell that Kimberly was running "by the way she was breathing." She testified that she did not hear Dennis say anything, but she heard the couple's youngest daughter screaming. Spears stated that she had never known Dennis to be abusive to Kimberly.

Following the hearing, the trial court issued an order of protection, prohibiting Dennis from "harming, harassing, following, stalking or communicating" with Kimberly in any fashion. The order also prohibited Dennis from coming within 100 yards of the family home, Kimberly's place of employment or the children's schools. The court stated:

To issue a protective order, it's required that I find evidence of preponderance of the evidence of the commission of an act defined as a crime of violence under Title XIV. Reasonable apprehension of a battery is an assault which is a crime of violence as defined in the statute. I believe there is abundant reasonable basis for this woman to believe that she was in reasonable fear of a battery and unlawful touching.... That reasonable fear is buttressed by the testimony of the aunt, which I find to be very credible despite her presence in the courtroom through some of the testimony, and the daughter.

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Cite This Page — Counsel Stack

Bluebook (online)
989 So. 2d 855, 2008 WL 3401337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cory-v-cory-lactapp-2008.