Simmons v. Dixon

240 S.W.3d 608, 96 Ark. App. 260, 2006 Ark. App. LEXIS 675
CourtCourt of Appeals of Arkansas
DecidedOctober 4, 2006
DocketCA 05-1398
StatusPublished
Cited by17 cases

This text of 240 S.W.3d 608 (Simmons v. Dixon) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Simmons v. Dixon, 240 S.W.3d 608, 96 Ark. App. 260, 2006 Ark. App. LEXIS 675 (Ark. Ct. App. 2006).

Opinions

Sam Bird, Judge.

Appellant Mark Simmons appeals the trial court’s entry of a protective order against him after his ex-girlfriend, appellee Angie Dixon, filed a petition for the order based on allegations that Simmons had threatened her and her dog. On appeal, Simmons contends that the trial court’s decision was both an error of law and was unsupported by the evidence. We affirm.

On September 20, 2005, Dixon filed a “Petition for Order of Protection” on behalf of herself and “an adjudicated incompetent person whose name is Dog Mojo,” alleging that Simmons had committed domestic abuse by sending text messages in which he threatened to harm her and to kill her dog. The petition also alleged that Simmons had been “cussing” Dixon and “beating on [her] car” during an incident at Sonic. Furthermore, the petition alleged that Simmons called Dixon’s place of employment and made derogatory comments about Dixon.

At a hearing held on September 30, 2005, Dixon testified that she was Simmons’s girlfriend for eighteen months and that she lived with him for fifteen of those months. She claimed that, during this time, Simmons became physically abusive when he drank. She said that “when he got drunk a jealousy streak would come out” and that he would “push [her] or pull [her] out of places.”

Dixon further testified that she filed for the order of protection after an incident at Big Daddy’s nightclub in June 2005, claiming that Simmons walked in while she was dancing and called her a “whore.” She said that he pushed her while she was on the dance floor.

Dixon also described a series of text messages that she received from Simmons. She claimed that she received the messages during the period from April 22, 2005, to May 22, 2005. According to Dixon, in these messages, Simmons called her a “lying whore” and threatened to kill her dog.

Dixon explained that the reason she waited until September 2005 to file the petition for a protective order was because she was waiting for a court date, and the Mississippi County Sheriffs Department had never received a faxed copy of the police report that she made “in April and in May.” She claimed that, since the “incidents back in May,”1 the only other incidents with Simmons were “catty remarks” and “the flipping of the finger.” She said that if she was walking to someone’s house, he would scream out obscenities and “flip [her] off.” She agreed that this was “not really a clear and present danger of bodily harm” and said that she “just want[ed] him to leave [her] alone, keep his comments to [himself,] and keep his finger to [himself].” She said that the last time the two went out together on a date was March 18, 2005.

Dixon denied stating that Simmons “beat on her car.” She claimed that officers asked her if he touched her car, and she said that he “shook it.” She said that she was “confused.” She said that she went to the police after the incident at Big Daddy’s and was “afraid” because Simmons said in his text messages that “if he caught me out ... he [would] whip me and ... I would find my dog dead in my backyard.”

Simmons also testified at the hearing. He claimed that he had a relationship with Dixon from October 2003 to March 2005 and that they lived together for “roughly five to six months” during the time that they were dating. He said that the last time he spoke to Dixon was in June 2005 when she walked up to him at the Holiday Inn (where Big Daddy’s nightclub was located) and “started cussing [him].” He said that she then went to the dance floor and told some friends “some stuff that wasn’t true.” He said that he went to “confront” her on the dance floor and that she pushed him. When she did, he “went to slap her hands down” and her current boyfriend “jumped in the middle of it.” Simmons stated that the bouncers at the club asked Dixon and her boyfriend to leave, and that he had not had any contact with Dixon since. He denied any physical abuse during his relationship with Dixon and specifically said that he “never touched her.” He claimed that he had never hit a woman. He explained that he slapped Dixon’s hands down at Big Daddy’s to keep her from hitting him. He said that he contacted her place of employment in September 2005 to inquire about whether she had a restraining order against him.

Simmons admitted to sending text messages when he and Dixon first broke up because “she was telling people that she was going to make [him] lose [his] job and that [he] beat her and everything.” Simmons also admitted that he threatened to kill Dixon’s dog, but never did so. He explained that he bought the dog for her and would never hurt the dog. He said he told Dixon that if she kept telling people that he beat her, he would. He opined that she knew that he did not mean what he was saying in the text messages because he “never followed through with it” and it was “four or five months later before she worried about it.”

Following the hearing, the court stated as follows:

All right. Thank you. I have a sheet that I follow, and it’s taken direcdy from the Arkansas code as to the requirements for the issuance of an Order of Protection. And basically everything has been met except the one point of contention as to whether or not there has either been physical harm, bodily injury, assault, so forth. And one of those requirements is the infliction of fear of imminent physical bodily harm or assault.
The Defendant admitted that he made a text message to her saying, if you don’t quit telling people this, I am going to beat your — da da da. And that was clearly intended to scare her into quit [sic] bad-mouthing him. And that is the element that’s required for the issuance of an Order of Protection. It’s the infliction of fear of physical assault.
So the Order of Protection is issued. It will expire December the 31st of 2006. The request for payment of attorney fees is denied.

Simmons presents two arguments on appeal. First he claims that “under any reasonable interpretation of the legislative enactments relating to protective orders the allegations made by Ms. Dixon do not give rise to a valid cause of action against Mr. Simmons.” Second, he asserts that “even ifMs. Dixon’s allegations set forth in her petition could be remotely considered sufficient to come within the applicable statutes the evidence that was presented was simply not sufficient to meet her burden of proof.”

Whether Simmons’s Actions Fell Within Statutory Parameters

Simmons first argues that we should reverse the trial court’s decision because his actions did not fall “completely within the words” of the statutes relating to protective orders. Orders of protection are governed by The Domestic Abuse Act of 1991, codified as Ark. Code Ann. § 9-15-101 — 9-15-303 (Repl. 2002 and Supp. 2005) (collectively, the Act). The purpose of the Act is “to provide an adequate mechanism whereby the State of Arkansas can protect the general health, welfare, and safety of its citizens by intervening when abuse of a member of a household by another member of a household occurs or is threatened to occur, thus preventing further violence.” Ark. Code Ann. § 9-15-101 (Repl. 2002).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Brennon Stone v. Zoe Stone
2026 Ark. App. 110 (Court of Appeals of Arkansas, 2026)
Aiden Jones v. Ashley Zachery
2025 Ark. App. 332 (Court of Appeals of Arkansas, 2025)
Lee Ann Hall v. Scarlett Sims
2025 Ark. App. 227 (Court of Appeals of Arkansas, 2025)
Jeffrey Parsons v. Virginia Griffin
2024 Ark. App. 90 (Court of Appeals of Arkansas, 2024)
Eric Sharbino v. Jennifer Graham
2023 Ark. App. 399 (Court of Appeals of Arkansas, 2023)
Tully Borland v. Amy Borland
2021 Ark. App. 448 (Court of Appeals of Arkansas, 2021)
Tyrice Brown v. Victoria McCauley
2020 Ark. App. 437 (Court of Appeals of Arkansas, 2020)
Joe Roach v. Thomas Whitehead
2019 Ark. App. 525 (Court of Appeals of Arkansas, 2019)
Fudge v. Parks
2019 Ark. App. 191 (Court of Appeals of Arkansas, 2019)
Smith v. Murphy
2017 Ark. App. 188 (Court of Appeals of Arkansas, 2017)
Poland v. Poland
2017 Ark. App. 178 (Court of Appeals of Arkansas, 2017)
Steele v. Lyon
2015 Ark. App. 251 (Court of Appeals of Arkansas, 2015)
Oates v. Oates
377 S.W.3d 394 (Court of Appeals of Arkansas, 2010)
Claver v. Wilbur
280 S.W.3d 570 (Court of Appeals of Arkansas, 2008)
Bibbs v. Community Bank
278 S.W.3d 564 (Court of Appeals of Arkansas, 2008)
Bolding v. Norsworthy
270 S.W.3d 394 (Court of Appeals of Arkansas, 2007)
Simmons v. Dixon
240 S.W.3d 608 (Court of Appeals of Arkansas, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
240 S.W.3d 608, 96 Ark. App. 260, 2006 Ark. App. LEXIS 675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-dixon-arkctapp-2006.