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Jonathan Fourie v. Kirsten Fourie

2026-08-31

Authorities cited

Opinion

majority opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

NO. 09-25-00276-CV

JONATHAN FOURIE, Appellant

V.

KIRSTEN FOURIE, Appellee

On Appeal from the 418th District Court

Montgomery County, Texas

Trial Cause No. 25-04-06867-CV

MEMORANDUM OPINION

This is an appeal from the denial of an Application for a Protective Order and

an award of sanctions. On April 30, 2025, Appellant, Jonathan Fourie (“Appellant”

or “Jonathan”), filed an Application for Protective Order (the “Application”) in

Montgomery County, Texas, against his spouse, Appellee, Kirsten Fourie

(“Appellee” or “Kirsten”). At the time Jonathan filed the Application, Jonathan and

Kirsten had a divorce and custody proceeding pending in Harris County, Texas. The

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Application was assigned to the 418th Judicial District Court in Montgomery

County, Texas (the trial court).

In the Application for Protective Order, Jonathan alleged that Kirsten had

engaged in acts of “family violence” against him and he attached an affidavit

outlining specific instances with dates of the alleged family violence. In response to

the Application, Kirsten filed a Motion for Sanctions Pursuant to Rule 13 of the

Texas Rules of Civil Procedure (the Motion for Sanctions) and specifically asserted

that Jonathan’s claim is barred by res judicata because Jonathan had already made

the same exact allegations of family violence when he sought a protective order in

Harris County, in Cause No. 2024-59639, styled Jonathan Soubielle Fourie v.

Kirsten Beckham Fourie, and the Harris County District Court entered an Order

denying his Application for Protective Order. As exhibits to the Motion for

Sanctions, Kirsten attached a copy of the Harris County Application and Order

denying it which is signed by the trial court in the Harris County case. Kirsten

alleged that Jonathan should be sanctioned under Rule 13 for now filing a duplicative

Application in Montgomery County in bad faith and for harassment.

The Application and the Motion for Sanctions were both set for and heard in

the trial court in Montgomery County on May 28, 2025. At the close of the hearing,

the trial court denied the Application, granted the Motion for Sanctions, and entered

one handwritten Order denying the Application and granting sanctions in the amount

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of $5,000 against Jonathan and his attorney, and the trial court also entered another

typed Order denying the Application.

Evidence and Record from the Hearing

The record demonstrates that the trial court called the case for trial at 9:00

a.m. and the parties and their clients appeared. The trial court notified the parties to

exchange exhibits while some other matters on the docket were dealt with by the

court, and upon returning and proceeding further, the Court learned that Jonathan’s

attorney had failed to provide any exhibits to Kirsten’s attorney as instructed. When

the trial court asked Jonathan’s attorney why he failed to exchange exhibits the

following exchange occurred:

THE COURT: All right. [Jonathan’s attorney], you may call your first.

[KIRSTEN’S ATTORNEY]: Your Honor, before we get started, you

told us to exchange exhibits about an hour ago. I’ve not received a

single document from [Jonathan’s attorney].

THE COURT: So [Jonathan’s attorney], am I to assume you have no

exhibits you intend to offer into evidence?

[JONATHAN’S ATTORNEY]: No, Your Honor. I was preparing that

exhibit list.

THE COURT: So you do have exhibits that you intend to offer into

evidence.

[JONATHAN’S ATTORNEY]: Yes, Your Honor.

THE COURT: We were set for trial at 9:00 o’clock this morning. I think

a little after 9:00 you were in front of me. I had to place you on hold to

work through my docket. Did I not instruct y’all to show each other

your proposed exhibits?

[JONATHAN’S ATTORNEY]: You did, Your Honor.

THE COURT: Is there some reason you didn’t show [Kirsten’s

Attorney] your proposed exhibits?

[JONATHAN’S ATTORNEY]: Your Honor, she has our exhibits

because we’ve shared them in the past. Nothing has changed.

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THE COURT: In the past when?

[JONATHAN’S ATTORNEY]: At a previous hearing.

THE COURT: So, Counsel, let’s -- I don’t like hiding my cards very often. If I understand the basis for [Kirsten’s Attorney]’s Rule 13 motion for sanctions against your client and I think even you

individually --[JONATHAN’S ATTORNEY]: Yes, Your Honor.

THE COURT: -- it’s because she’s alleging that these allegations in this case w[ere] already tried to another judge and denied. Now if I’m hearing you correctly, are you telling me, hey, Judge, I showed

[Kirsten’s Attorney] these exhibits the last time we tried this case and I lost. Is that what you mean when you say she saw them before?

[JONATHAN’S ATTORNEY]: Not exactly.

THE COURT: So you filed this suit on April 30th, yes?

[JONATHAN’S ATTORNEY]: Correct.

THE COURT: If I’m remembering correctly, your application

requested a temporary ex parte protective order. I didn’t grant one. I set this for a final trial. You and your client appeared at that date, and the Respondent hadn’t been served.

[JONATHAN’S ATTORNEY]: That’s correct.

THE COURT: And when you spoke to me, you indicated that you

hadn’t served her because you wanted to come to your final trial date the last trial setting and convince me to sign the temporary ex parte protective order that I wasn’t willing to sign initially. I refused. I didn’t put your case on a dismissal docket. You asked me to reset it. I reset it to today’s date. We’re set for a final trial. And here we are.

[JONATHAN’S ATTORNEY]: Yes, sir.

THE COURT: Are you telling me that the exhibits that you want to offer into evidence today, you’ve shown [Kirsten’s Attorney] since April 30th of 2025?

[JONATHAN’S ATTORNEY]: No, that’s not what I am representing,

Your Honor.

THE COURT: So if you showed them to her beforehand, when else

would you have shown them to her other than at the prior trial that occurred between these parties?

[JONATHAN’S ATTORNEY]: Your Honor, for the sake of those

exhibits, I’m fine moving forward without them.

THE COURT: I don’t know what that means. Can you answer my

question?

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[JONATHAN’S ATTORNEY]: Have I shown them to her an

additional time? Not since our last hearing.

THE COURT: So when you told me five minutes ago when we’ve been

playing on this little merry-go-round now, when you said, Judge, I’ve

already shown [Kirsten’s Attorney] my exhibits that was when this case

was tried between these parties previously --[JONATHAN’S ATTORNEY]: That’s correct, Judge.

THE COURT: -- in front of another judge.

[JONATHAN’S ATTORNEY]: That’s correct, Judge.

THE COURT: Okay. So am I now hearing you say that you do not

intend to offer any exhibits into evidence today?

[JONATHAN’S ATTORNEY]: Your Honor, if the Court would grant

time, I have prepared an exhibit list and exhibits.

THE COURT: Can you answer my question? I thought --[JONATHAN’S ATTORNEY]: If need be. If need be, yes, sir.

THE COURT: If need be? Counsel, you were here at 9:00 o’clock

standing in front of me. And I said both sides show each other your

exhibits.

[JONATHAN’S ATTORNEY]: That’s correct.

THE COURT: You’ve had an hour and a half. And if I’m understanding

you correctly, you did not show [Kirsten’s Attorney] any proposed

exhibits. Am I understanding correctly?

[JONATHAN’S ATTORNEY]: Yes.

THE COURT: So are you now telling me that you intend to go forward

without offering any exhibits into evidence?

[JONATHAN’S ATTORNEY]: But for our rebuttal evidence.

THE COURT: Is that yes or no?

[JONATHAN’S ATTORNEY]: Yes, Judge.

THE COURT: Okay. So Applicant doesn’t intend to offer any exhibits.

After the foregoing exchange, the trial court allowed the case to proceed, and

Jonathan was called as a witness. Jonathan stated that he would describe his

relationship with Kirsten as an “abusive relationship.” The trial court then asked

Jonathan the following:

THE COURT: How are you related to the Respondent?

THE WITNESS: I am her husband.

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THE COURT: You’re married to her right now?

THE WITNESS: Yes, sir.

THE COURT: All right. Have you filed for divorce anywhere?

THE WITNESS: Yes, sir, Harris County.

THE COURT: Okay. Has she filed for divorce anywhere?

THE WITNESS: No, sir.

THE COURT: Okay.

[KIRSTEN’S ATTORNEY]: That’s incorrect. We have a

counterpetition on file, Your Honor, in the case in Harris County. THE COURT: All right. So there’s a divorce case pending in Harris County. Do you have the same lawyer in that case?

THE WITNESS: Yes, sir.

THE COURT: Does she have the same lawyer in that case?

THE WITNESS: Yes, sir.

THE COURT: Okay. Go ahead.

Q. (BY [JONATHAN’S ATTORNEY]) Now, with regards to the

interactions, how would you describe your relationship with Ms.

Fourie?

THE COURT: Did you ask for a protective order against your wife

previously somewhere else?

THE WITNESS: Yes, sir.

THE COURT: Was that in the divorce case or a different case?

THE WITNESS: In this case, but they sent it to a different court in Harris County.

[JONATHAN’S ATTORNEY]: Your Honor, if I may --THE COURT: Excuse me one second. Did you have the same lawyer

representing you in the application for a protective order that you filed against your wife in Harris County?

THE WITNESS: Yes, sir.

[JONATHAN’S ATTORNEY]: Yes, Judge.

THE COURT: And did your wife have the same attorney in response

to that?

[JONATHAN’S ATTORNEY]: Yes, Judge.

THE WITNESS: Yes, sir.

THE COURT: Okay. So [Jonathan’s attorney].

[JONATHAN’S ATTORNEY]: Yes, Your Honor.

THE COURT: If I’m hearing correctly, you filed an application on behalf of Mr. Fourie previously in Harris County against this same Respondent, correct?

[JONATHAN’S ATTORNEY]: Yes, Judge.

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THE COURT: When was that case tried?

[JONATHAN’S ATTORNEY]: Your Honor, I can pull that up.

[KIRSTEN’S ATTORNEY]: 12th day of November, 2024. I have the

transcript.

THE COURT: So do you agree, [Jonathan’s attorney]?

[JONATHAN’S ATTORNEY]: Yes, Judge. Now, with regards --THE COURT: And, [Jonathan’s attorney], do you agree that

application was denied?

[JONATHAN’S ATTORNEY]: It was denied on the basis of --THE COURT: Do you agree that that application was denied?

[JONATHAN’S ATTORNEY]: Yes, Judge.

THE COURT: All right.

[JONATHAN’S ATTORNEY]: But, Your Honor, I fear there’s not the

proper context being laid.

THE COURT: I don’t fear. Go ahead.

[KIRSTEN’S ATTORNEY]: May I take the witness on voir dire?

THE COURT: Not yet.

Q. (BY [JONATHAN’S ATTORNEY]) Now, you spoke to abuse

within the relationship?

A. [THE WITNESS:] Yes, sir.

THE COURT: Do you contend that your wife has committed family

violence against you since November 12 of 2024?

THE WITNESS: Yes.

THE COURT: Okay. When was the first time she committed family

violence against you after November 12th of 2024?

THE WITNESS: She --THE COURT: Give me a date.

THE WITNESS: The first -- November 24th or something. It would be a Thursday. I picked my son up.

THE COURT: So November 24th, 2024. What did your wife do?

THE WITNESS: She’s not supposed to be present when I pick my son up from daycare.

THE COURT: How did she commit family violence against you?

THE WITNESS: Intimidation.

THE COURT: November 24th was a Sunday.

THE WITNESS: It would have been a Thursday then.

THE COURT: So do you know what date?

THE WITNESS: That would be the harassment -- sir, when you mean

family violence, do you mean like physical?

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THE COURT: Buddy, I’m your judge. I’m not your lawyer. I’m not

here to answer your questions.

[JONATHAN’S ATTORNEY]: Judge, I’d like to --THE COURT: I bet you would. Some Thursday in November you claim

that your wife committed family violence against you when you were picking up Junior from school, right?

THE WITNESS: Yes, sir.

THE COURT: Okay. What do you claim happened?

THE WITNESS: Just intimidation.

THE COURT: What did she do to intimidate you?

THE WITNESS: Be present.

THE COURT: Other than being present, how did she intimate you on that date?

THE WITNESS: On that date it was being present. I have a separate day.

THE COURT: I’m going one at a time.

THE WITNESS: Yes, sir.

THE COURT: . . . So November, Thursday, 2024, you’re picking up

Junior from school.

THE WITNESS: Yes, sir.

THE COURT: You’re telling me that Wife committed family violence against you by being present and her presence intimidated you. Am I understanding you correctly?

THE WITNESS: Yes, sir.

THE COURT: Is that everything regarding that incident?

THE WITNESS: Yes, sir.

THE COURT: All right. What’s the next incident you claim that your wife committed family violence against you after November 12th of 2024?

THE WITNESS: The next incident was December 28th, I believe to be the day that I met her at the police station to drop off my son. And she was banging on my window on my car. And it was quite scary and --THE COURT: So Wife bangs on your window of your car at a police

station.

THE WITNESS: Yes.

THE COURT: While there happened to be any police around?

THE WITNESS: No.

THE COURT: No?

THE WITNESS: No, sir.

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THE COURT: Okay. What happened after she banged on your

window?

THE WITNESS: She blocked me in with her car and I just -- I said get back in your car. And I guess she did. And I brought my son over there. THE COURT: So you’re supposed to - - did this happen to take place at noon by any chance?

THE WITNESS: I don’t recall.

THE COURT: Okay. This was a designated time that you were

supposed to meet your wife at a police station to exchange the child, correct?

THE WITNESS: Yes.

THE COURT: Was this pursuant to a court order?

THE WITNESS: Yes.

THE COURT: Was this a court order out of your divorce case?

THE WITNESS: Yes.

THE COURT: Is this a temporary order?

THE WITNESS: Yes.

THE COURT: That temporary order, does it say who Junior primarily resides with?

THE WITNESS: Yes.

THE COURT: Who is that? Mom?

THE WITNESS: Yes.

THE COURT: Okay. So pursuant to this temporary order in your

divorce case, Mom has custody. You have visitation. And this incident on December 28 was when you were returning the child to Mom at the end of your Christmas visitation, correct?

THE WITNESS: Yes.

THE COURT: Okay. And this court order requires y’all to exchange at a police station, yes?

THE WITNESS: It’s a little vague, but, yes. We decided that the police station would work that day.

THE COURT: So the order doesn’t require a police station. You and Mom came to that conclusion on your own is what you’re telling me. THE WITNESS: Yes, sir.

THE COURT: So you and Mom meet at a police station. Who got there first?

THE WITNESS: Me.

THE COURT: And Junior is in your car, right?

THE WITNESS: I’m sorry. She got there first.

THE COURT: Okay. So Mom is there first, right?

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THE WITNESS: Yes.

THE COURT: Then you showed up, right?

THE WITNESS: Yes.

THE COURT: Junior is in your car, right?

THE WITNESS: Yes, sir.

THE COURT: How old is Junior?

THE WITNESS: Three.

THE COURT: Okay. And how long -- once you got there, what did you do when you arrived?

THE WITNESS: I parked the car in a parking spot.

THE COURT: Okay.

THE WITNESS: That’s when all of a sudden I saw her car just fly up behind me and she’s out of the car and I just --THE COURT: Were you late?

THE WITNESS: Three minutes.

THE COURT: Three minutes late?

THE WITNESS: Yes, sir.

THE COURT: Okay. Other than banging on the window and pulling in behind you, do you claim that she did anything else that you are telling me that constitutes family violence on that day?

THE WITNESS: Not on that day, no, sir.

THE COURT: Did Mom get Junior?

THE WITNESS: Yes.

THE COURT: Okay. And both of y’all drove away in your own cars

and never had to speak with law enforcement there at the police station. Am I understanding correctly?

THE WITNESS: I called the police after.

THE COURT: Did anyone get arrested or charged with a crime?

THE WITNESS: No, sir.

THE COURT: Okay. When is the next incident you claim that family violence occurred since November 12th of 2024? Where do you live? THE WITNESS: I live in Montgomery, sir.

THE COURT: Go ahead. The next incident.

THE WITNESS: Next incident? There’s several intimidation where

she’s not supposed to be sort of things.

THE COURT: When is the next incident you allege that she has

committed family violence against you since December 28th of 2024? THE WITNESS: The next one I would say it would be the second

Thursday of January -- the fourth Thursday of January being present where she’s not supposed to be.

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THE COURT: A Thursday in January. Is this like the first one, the

Thursday in November she was where she wasn’t supposed to be that

intimidated you?

THE WITNESS: That happens quite a bit, yes, sir.

THE COURT: By being there. Nothing else, just by being there.

THE WITNESS: Yes.

THE COURT: Are there any other alleged incidents involving family

violence since this Thursday in January?

THE WITNESS: No, sir.1

The trial court then asked Jonathan’s attorney what else he had which would show

any “family violence” and the attorney stated that when Kirsten was arrested

sometime before November of 2024, Kirsten had allegedly made “admissions to

police officers” and that she had lied to the judge in the application for protective

order in Harris County and he wants to show she was “lying now.” The trial court

again asked:

THE COURT: Are you telling me that you filed this lawsuit and wanted

to present evidence to me about allegations of family violence that

predate November 12th of 2024?

[JONATHAN’S ATTORNEY]: That also. I mean --THE COURT: Is that what your intent was or is when you filed this

suit?

[JONATHAN’S ATTORNEY]: No, Your Honor. I believe my client--THE COURT: So you’re telling me, Judge, we already teed this up once

and lost. I’m alleging, my client is alleging, that there’s been family

violence since November 12th of 2024, and that’s all we’re trying to

bring to the Court today.

[JONATHAN’S ATTORNEY]: That’s not all we’re trying to bring to

the Court today.

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We note that none of the post-November 12, 2024 allegations of family violence appear in the Application or affidavit attached to the Application that was filed in Montgomery County.

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THE COURT: So back to my question. Are you telling me, Judge, I

want to present evidence of family violence that predates November 12th of 2024?

[JONATHAN’S ATTORNEY]: In addition to -- yes.

THE COURT: Is the answer to my question yes?

[JONATHAN’S ATTORNEY]: Yes. In addition to, yes.

THE COURT: Tell me how that’s not res judicata and why I shouldn’t sanction you for res judicata filing a suit to retry something that you already tried and lost.

[JONATHAN’S ATTORNEY]: Judge, I’m not refiling the same suit.

It’s --THE COURT: Answer my question.

[JONATHAN’S ATTORNEY]: Yes, Your Honor. You asked me why

you shouldn’t.

THE COURT: Show me some legal authority that says you can put on evidence of alleged family violence that predates the date of your last trial where a judge denied your application.

[JONATHAN’S ATTORNEY]: Judge, it’s not evidence.

THE COURT: Don’t talk to me. Show me law that that’s not res

judicata, like a case or a statute. Show me something like in black and white.

[JONATHAN’S ATTORNEY]: Well, I can give a principle of law.

THE COURT: I know principles. I feel like I know them pretty well. [JONATHAN’S ATTORNEY]: Your Honor --THE COURT: Show me one that makes me think that what I think is

wrong.

[JONATHAN’S ATTORNEY]: Okay. Witness credibility. Am I

allowed to impeach witness credibility, Your Honor?

THE COURT: Yeah, November 12th, 2024, you could have impeached

any witness you wanted to.

[JONATHAN’S ATTORNEY]: Yes, Your Honor.

THE COURT: Try again.

[JONATHAN’S ATTORNEY]: And so today --THE COURT: No. Try again.

[JONATHAN’S ATTORNEY]: Judge, that’s what it’s all based on --THE COURT: So are you telling me --[JONATHAN’S ATTORNEY]: This person was lying then and they’re

lying now.

THE COURT: Don’t interrupt me, Counsel. I want to make sure I’m

hearing you right. Are you telling me, Judge, I intentionally filed this

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application for a protective order so I could have a second bite at the apple on the same case that I lost because I want to prove to a different judge that she lied.

[JONATHAN’S ATTORNEY]: No, Your Honor. In addition --THE COURT: That’s what you pretty much just said to me.

[JONATHAN’S ATTORNEY]: Your Honor, what I’m saying is in

agreeance with my client’s testimony --THE COURT: If you can’t show me a statute or a case to convince me that we can go back and hear evidence of stuff that happened before your last trial date, the only thing we’re talking about today is allegations of family violence since November 12th.

[JONATHAN’S ATTORNEY]: Your Honor, that’s fine.

THE COURT: You understand me?

[JONATHAN’S ATTORNEY]: So, Judge --THE COURT: Do you understand the words --[JONATHAN’S ATTORNEY]: I’m trying to understand. Can I ask a

clarifying question?

THE COURT: If you would stop interrupting me you might have a

chance of understanding me better. Do you understand the words that just came out of my mouth?

[JONATHAN’S ATTORNEY]: No, Your Honor.

THE COURT: Okay. I’m going to try one more time. I’m going to talk slow[ly]. Unless you can show me a case or a statute that would

convince me to allow you to present evidence of alleged family

violence that occurred on or before November 12th of 2024, we won’t be getting into any of that evidence today. Did you understand that sentence?

[JONATHAN’S ATTORNEY]: Yes, Judge.

THE COURT: Do you have a statute or a case that you wish to show me?

[JONATHAN’S ATTORNEY]: Yes.

THE COURT: Show me.

[JONATHAN’S ATTORNEY]: If I have time --THE COURT: You said yes. Show me.

[JONATHAN’S ATTORNEY]: Yes, because I’m sure --THE COURT: Show me right now.

[JONATHAN’S ATTORNEY]: May I have time, Your Honor?

THE COURT: You’ve had since April 30th.

[JONATHAN’S ATTORNEY]: I didn’t know you’d want this, Your

Honor.

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THE COURT: You didn’t know about res judicata before you filed this lawsuit?

[JONATHAN’S ATTORNEY]: Your Honor, I don’t feel that I can

express myself at all.

THE COURT: Am I to understand that you do not have a case or a

statute to show me right now?

[JONATHAN’S ATTORNEY]: Judge --THE COURT: This wasn’t a surprise. Your opposing counsel filed a Rule 13 motion against you. I haven’t seen one of those against an applicant in a protective order in 17 years.

[JONATHAN’S ATTORNEY]: But what she didn’t file is a --THE COURT: You knew what she was alleging --[JONATHAN’S ATTORNEY]: -- a certificate of conference --THE COURT: -- before --[JONATHAN’S ATTORNEY]: Judge, her --THE COURT: You’re going to keep interrupting me, aren’t you,

Counsel?

[JONATHAN’S ATTORNEY]: I can’t say anything, Judge.

THE COURT: Yes?

[JONATHAN’S ATTORNEY]: I can’t say anything.

THE COURT: Is the answer to my question, yes, you’re just going to keep interrupting me? Did you get a copy of the Rule 13 motion a few days ago?

[JONATHAN’S ATTORNEY]: I got the copy of the motion but there’s

no certificate of conference.

THE COURT: Who cares if you had a certificate of conference or not, Counsel? You got the motion.

[JONATHAN’S ATTORNEY]: Because the rules of this --this -- this -- okay. Okay.

THE COURT: Counsel, would you agree with me if you got the motion you probably read it, yes?

[JONATHAN’S ATTORNEY]: Probably read it?

THE COURT: Did you look at what it said?

[JONATHAN’S ATTORNEY]: I saw it was a motion for sanctions --THE COURT: Did you read it?

[JONATHAN’S ATTORNEY]: -- but I know we hadn’t had a

conference.

THE COURT: What was my question?

[JONATHAN’S ATTORNEY]: Did I read it in its entirety? No.

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THE COURT: Okay. So you got a motion from [Kirsten’s attorney] and

for whatever reason you chose not to read it entirely.

[JONATHAN’S ATTORNEY]: Because I know there’s no conference,

Your Honor.

THE COURT: Okay.

[JONATHAN’S ATTORNEY]: Per required by this Court’s orders.

THE COURT: Do you have a case or a statute to show me right now?

[JONATHAN’S ATTORNEY]: No, Your Honor.

THE COURT: Okay. So I’m prepared to listen to any other evidence

you want to elicit from your client from after November 12th, 2024 to

the present. Do you have any other questions for your client?

[JONATHAN’S ATTORNEY]: No, Your Honor. Can I ask a clarifying

question?

THE COURT: Is the answer to my question no?

[JONATHAN’S ATTORNEY]: No, Your Honor. I don’t have any

more questions.

THE COURT: All right. The witness is passed.

On cross-examination, Jonathan agreed that the allegations of abuse in the

Montgomery County Application and in the Harris County Application are similar.

Jonathan also agreed that the daycare or school where his son attends school is the

same school where Kirsten works.

Jonathan then called Kirsten as an adverse witness and the trial court

instructed Jonathan’s attorney that he could not go into anything that allegedly

occurred before November of 2024 because that was part of the protective order

hearing in Harris County, and Jonathan’s attorney said he understood. That said, the

first question Jonathan’s attorney asked was about Kirsten’s alleged arrest in July of

2024, which was prior to November 2024, and was also part of the Harris County

proceeding. Kirsten’s attorney made an objection which was sustained. Jonathan’s

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attorney then asked whether they had attended temporary hearings prior to

November 2024, and about alleged admissions made prior to November 2024. The

trial court sustained objections to the questions and again instructed the attorney not

to continue attempting to retry the Harris County Protective Order.

On direct from her attorney, Kirsten testified that she works at the school

where her son goes to daycare, and she denied that she had intimidated her husband.

Kirsten stated there is nothing in the temporary orders that says she cannot be at the

school when Jonathan comes to pick up their son. Kirsten testified that they

previously attended a hearing on a protective order in Harris County, and the trial

court in that matter dismissed that suit and denied Jonathan’s request for a protective

order. And Kirsten testified that she had reviewed the allegations in the Harris

County Protective Order proceeding and the allegations Jonathan made in the

Application in Montgomery County and the allegations appear to be the same.

Kirsten stated that the alleged criminal charges Jonathan filed against her were

dismissed, and then in April of 2025, Jonanthan tried to make the same allegations

against her again, and those were also dismissed.

Kirsten’s attorney testified at the hearing that she is an attorney licensed to

practice law in Texas, and she is board certified in the area of family and child

welfare law, with board certification in family law since 2010 and child welfare law

since 2019, and her hourly rate is $450 an hour. Kirsten’s attorney testified that the

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Application in this case was filed by Jonathan for the purposes of bad faith, and for

harassment, that her client had traveled from Harris County where she resides, and

where Jonathan said he resides on the Application. According to Kirsten’s attorney,

she spent time preparing the Motion for Sanctions and obtained the exhibits attached

to the Motion for Sanctions, and she attended the hearing for over two hours, and

her reasonable and necessary fees are no less than $5,000. Kirsten’s attorney asked

the trial court to sanction Jonathan and his attorney jointly for filing the Application

with the same affidavit, except for the font, that he used in the Harris County case,

and simply adding one sentence about how he came to Montgomery County because

he could not get relief in Harris County and “other than that sentence, the affidavits

are 100 percent the same.” On cross-examination, Kirsten’s attorney agreed she did

not have any itemized billing exhibits to show at the hearing. And, on crossexamination she was asked about whether she had heard Jonathan’s testimony about

“family violence” as follows:

Q. (BY [JONATHAN’S ATTORNEY]) And you heard today

testimony from Jonathan Fourie that there has been, in his opinion,

additional acts of family violence, correct?

A. I heard his testimony. I don’t believe that anything he said rises to

the level of family violence.

The trial court asked Jonathan’s attorney if he had any rebuttal witnesses or

further evidence to present at the hearing, and the attorney answered, “No, your

honor.” Then the trial court closed the evidence and allowed the parties to make a

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closing argument. Jonathan’s attorney argued that his client has been abused by

Kirsten and that the case was about truth, and he argued he had told the trial court in

the Application he filed in Montgomery County that he had previously filed an

Application in Harris County when he made a statement in his affidavit stating they

tried every avenue to get relief in Harris County but could not get any relief so he

was now trying Montgomery County. Jonathan’s attorney agreed that Jonathan did

not file an appeal from the Harris County District Court’s decision denying his

application for a protective order. Jonathan’s attorney argued he could not get the

State to give him the evidence he needed to prove his case to the Harris County

District Court. During the closing arguments the trial court then asked Jonathan’s

attorney,

THE COURT: Are you kidding me? Your closing is telling me flat out

I want a do-over. Is that your closing?

[JONATHAN’S ATTORNEY]: No, Your Honor.

THE COURT: I want a do-over because I didn’t have the evidence that

I wanted to have at the last trial. Isn’t that what you’re telling me?

Judge, I couldn’t present the evidence I wanted to present November

12th because the cops, or whoever, wouldn’t give it to me. That’s what

you were just saying, yes?

[JONATHAN’S ATTORNEY]: That’s in addition to, Judge.

THE COURT: Is that what you were just telling me?

[JONATHAN’S ATTORNEY]: I did say that, yes, Judge.

THE COURT: How is that not you telling me I came here for a doover?

[JONATHAN’S ATTORNEY]: I’ve also said, Your Honor, that my

client has experienced additional incidents of abuse.

THE COURT: I heard three allegations.

[JONATHAN’S ATTORNEY]: Yes. So it’s not just one or the other.

It’s both. And she’s going to continue because nothing’s happening.

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THE COURT: She’s going to continue going to work and being at work

where Dad is supposed to pick up the child?

[JONATHAN’S ATTORNEY]: Judge, Junior is going to start looking

more like Senior here in a little bit. And what’s going to happen to

Junior? What’s going to happen to Junior when he mouths off? It’s

going to be the exact same thing. She’s admitted it over and over and

over again.

THE COURT: Anything else, Counsel?

[JONATHAN’S ATTORNEY]: Yes. Yes. There’s a lot more. There’s

a lot more.

THE COURT: You have 30 seconds to finish your closing argument.

[JONATHAN’S ATTORNEY]: Judge, it’s important to be about truth

and it’s important to be about protecting folks who can’t protect

themselves. My client has moved away. He’s doing whatever he can.

He’s using his Second Amendment rights. And his son is not going to

have that same ability --THE COURT: What does that mean?

[JONATHAN’S ATTORNEY]: That means he’s doing what he can to

protect himself, Your Honor.

THE COURT: He’s using his Second Amendment rights. What are you

talking about?

[JONATHAN’S ATTORNEY]: Your Honor, the Second Amendment

allows --THE COURT: I know what the Second Amendment does. I’m trying

to understand what evidence I heard in this trial that talks about the

Second Amendment.

[JONATHAN’S ATTORNEY]: Judge, I’m making the point that he’s

doing everything in his power to protect himself. And, unfortunately,

up until this point, law enforcement has not supported him.

THE COURT: All right. Thank you.

At the close of the hearing the trial court signed two orders, one granting the

motion for sanctions sanctioning Jonathan and his attorney, jointly and severally in

the amount of $5,000, and one order denying the Application for a Protective Order.

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Findings of Fact and Conclusions of Law and Motion for New Trial

Jonathan filed a request for findings of fact and conclusions of law. Jonathan

also filed Plaintiff’s Conditional Motion to Vacate, Modify, or For New Trial

(“Motion for New Trial”), alleging that Jonathan was waiting on the Findings of Fact

and Conclusions of Law, and that he would assert more specific grounds after the

findings were filed. In his Motion for New Trial, Jonathan requested that the May

28, 2025 Judgment be vacated, modified, or a new trial be granted because:

Plaintiff believes the judgment may be contrary to the law and the

evidence presented at trial. Plaintiff also asserts that material rulings

made during the proceedings may have constituted error. The judgment

may also be subject to vacatur or modification based on information not

available at the time of trial, and/or based on legal grounds to be

articulated upon receipt of the Court’s findings.

On July 8, 2025, Jonathan filed a Notice of Past Due Findings of Fact and

Conclusions of Law. On July 15, 2025, the trial court issued Findings of Fact and

Conclusions of Law, and the trial court also entered an Order denying the Motion

for New Trial.

The trial court made the following findings of fact and conclusions of law:

Findings of Fact

1. On April 30, 2025, JONATHAN SOUBIELLE FOURIE, Applicant

(hereinafter “JONATHAN”), through his attorney of record,_[], filed

an Application for Protective Order against KIRSTEN BECKHAM

FOURIE, Respondent (hereinafter “KIRSTEN”).

2. JONATHAN’s Application failed to clearly identify the parties’ suit

for dissolution of marriage and suit affecting the parent-child

relationship that was pending in the 312th District Court of Harris

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County, Texas, and further failed to include a copy of any court order affecting the conservatorship, support, and possession of or access to the child.

3. JONATHAN’s Application alleged eight incidents of family

violence which JONATHAN claimed occurred between January 19,

2024, and July 8, 2024.

4. On May 22, 2025, KIRSTEN, through her attorney of record, [], filed her Motion for Sanctions Pursuant to Rule 13 of the Texas Rules of Civil Procedure.

5. On May 28, 2025, both parties appeared in person and through their respective attorneys of record, and a bench trial was conducted. 6. JONATHAN had previously filed an Application for Protective

Order in Cause No. 2024-59639 in the 280th Judicial District Court of Harris County, Texas, on or about September 4, 2024.[]

7. JONATHAN’s Application in Cause No. 2024-59639 alleged the

same eight incidents of family violence made the basis of his

Application filed in this matter on April 3, 2025.

8. A trial was conducted before Judge Damiane Curvey of the 280th District Court of Harris County, Texas, regarding JONATHAN’s

Application in Cause No. 2024-59639 on November 12, 2024. On this date, JONATHAN appeared with his attorney, [], and KIRSTEN

appeared with her attorney, [].

9. On November 12, 2024, Judge Curvey denied JONATHAN’s

Application filed in Cause No. 2024-59639 in its entirety, and dissolved the Temporary Ex Parte Protective Order that had been previously granted.

10. JONATHAN failed to present any credible evidence that family violence had occurred since November 12, 2024.

11. Without question, both JONATHAN and his attorney, [], intended to retry JONATHAN’s allegations of family violence which

JONATHAN claimed occurred between January 19, 2024, and July 8,

2024.

12. JONATHAN’s testimony was not credible.

13. [Jonathan’s attorney] (electronically) signed JONATHAN’s

Application filed in this matter.

14. JONATHAN signed the Affidavit and Affidavit of Abuse filed with his Application in this matter.

15. JONATHAN’s Application (and the attached Affidavit and Affidavit of Abuse) filed in this matter, was/were groundless, brought in bad faith and/or brought for the purpose of harassment.

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16. On May 28, 2025, this court signed an Order Denying Application

for Protective Order and an Order (granting sanctions in the amount of

$5,000.00 against JONATHAN and his attorney, []).

17. Pursuant to Rule 13 of the Texas Rules of Civil Procedure, the sum

of $5,000.00 is an appropriate sanction against JONATHAN and his

attorney, [].

18. Any finding of fact that is a conclusion of law shall be deemed a

conclusion of law.

Conclusions of Law

19. The 418th Judicial District Court of Montgomery County, Texas

has jurisdiction over the parties and the matter made the basis of this

suit.

20. JONATHAN’s Application in this matter involved the same parties

and the same claims that were raised (or that could have been raised) in

JONATHAN’s Application in Cause No. 2024-59639, in which a final

judgment was rendered.

21. Res judicata and/or collateral estoppel precluded JONATHAN from

relitigating th[e] allegations he previously raised (or that could have

been raised) in Cause No. 2024-59639.

22. JONATHAN failed to meet his burden of proof regarding any

alleged family violence that had occurred since November 12, 2024.

23. JONATHAN’s Application filed in this matter should be denied.

24. JONATHAN’s Application (and the attached Affidavit and Affidavit

of Abuse) filed in this matter, was/were groundless, brought in bad faith

and/or brought for the purpose of harassment.

25. Pursuant to Rule 13 of the Texas Rules of Civil Procedure, the sum

of $5,000.00 is an appropriate sanction against JONATHAN and his

attorney, [].

26. Any conclusion of law that is a finding of fact shall be deemed a

finding of fact.

SIGNED on July 15, 2025.

Jonathan did not amend his Motion for New Trial. He timely filed a Notice of

Appeal on July 18, 2025, appealing the trial court’s Order “signed on May 28, 2025.”

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Issues on Appeal

On appeal, Jonathan states four issues. In his first issue, Jonathan asks whether

the trial court’s exclusion of “abuse-history evidence coupled with rulings that

curtailed cross-examination constituted reversible error because it prevented the

court from properly evaluating danger, credibility, and the statutory prerequisites for

a protective order.” In his second, third, and fourth issues, Jonathan challenges the

trial court’s award of sanctions. Specifically, in his second issue, Jonathan asks

“[d]id the court err by imposing sanctions absent non-conclusory findings of bad

faith or harassment[.]” In his third issue, Jonathan asks “[w]hether the trial court

abused its discretion by imposing sanctions where counsel acted in good faith, the

court improperly blocked evidence of recent family violence, uncontroverted

testimony satisfied the statutory definition of family violence, and the record

contains no findings or evidence of bad faith for a ‘just’ sanction under

TransAmerican, GTE, Low, or Nath.” And, in his fourth issue, Jonathan asks “[i]s

the fee award legally insufficient where Appellee offered no hours, no task detail,

no records—only a rate and a lump-sum request—and admitted no written time

exhibit[.]”

Analysis

Before we discuss the issues raised by Jonathan, we note that on appeal

Jonathan does not challenge any specific items in the trial court’s Findings of Fact

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and Conclusions of Law. An appellant who challenges the sufficiency of the

evidence offered in a nonjury trial must challenge specific findings of fact and failure

to do so generally waives a factual sufficiency challenge. See Green v. Alford, 274

S.W.3d 5, 17 (Tex. App.—Houston [14th Dist.] 2008, pet. denied) (citing Zagorski

v. Zagorski, 116 S.W.3d 309, 319 (Tex. App.—Houston [14th Dist.] 2003, pet.

denied) (“[A]n appellant challenging the sufficiency of the evidence offered in a

nonjury trial must challenge specific findings of fact.”)). Unchallenged findings of

fact are binding on an appellate court unless the contrary is established as a matter

of law or there is no evidence to support the finding. Zagorski, 116 S.W.3d at 319.

Issue One—Denial of Protective Order

In his first issue, Jonathan complains about the admission or exclusion of

evidence at the hearing, and ordinarily we review a trial court’s decision regarding

the admission or exclusion of evidence under an abuse of discretion standard of

review. City of Brownsville v. Alvarado, 897 S.W.2d 750, 753 (Tex. 1995) (“The

admission and exclusion of evidence is committed to the trial court’s sound

discretion.”) (citing Gee v. Liberty Mut. Fire Ins. Co., 765 S.W.2d 394, 396 (Tex.

1989)). “A trial court abuses its discretion when it acts without regard for any

guiding rules or principles.” Id. at 754 (citing Downer v. Aquamarine Operators,

Inc., 701 S.W.2d 238, 241-42 (Tex. 1985)). Jonathan argues that the trial court erred

in the exclusion of “abuse-history evidence coupled with rulings that curtailed cross24

examination constituted reversible error because it prevented the court from properly

evaluating danger, credibility, and the statutory prerequisites for a protective order.”

That said, Jonathan does not specify with citations to the record the specific rulings

he challenges. We assume he is complaining about the trial court’s rulings that

specifically did not allow him to retry the same allegations he made in his

unsuccessful Application for a Protective Order in Harris County. On this record,

for the reasons outlined below, we conclude that the trial court did not abuse its

discretion in ruling that Jonathan could not seek to retry the same claims of family

violence.

Next, to the extent Jonathan is otherwise making a challenge to the legal

sufficiency of the evidence to support the trial court’s decision to deny the protective

order under the family code, when a party attacks the legal sufficiency of an adverse

finding on an issue on which he has the burden of proof, he must demonstrate on

appeal that the evidence establishes, as a matter of law, all vital facts in support of

the issue. Dow Chem. Co. v. Francis, 46 S.W.3d 237, 241 (Tex. 2001). In conducting

our review of the sufficiency of the evidence, the trial judge, as fact finder, was the

sole judge of the credibility of the witnesses and the weight to be given their

testimony. Darocy v. Abildtrup, 345 S.W.3d 129, 136 (Tex. App.—Dallas 2011, no

pet.). We may not substitute our judgment for the fact finder’s, even if we would

have reached a different conclusion. Id. This Court is not a finder of fact. Id. When

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conducting our legal sufficiency review, we disregard all evidence that a reasonable

fact finder could have disbelieved or found to have been incredible. In re J.F.C., 96

S.W.3d 256, 266 (Tex. 2002). When conducting a legal sufficiency review, we

consider the evidence in the light most favorable to the appealed order and indulge

every reasonable inference that supports it. City of Keller v. Wilson, 168 S.W.3d 802,

822 (Tex. 2005); Ford v. Harbour, No. 14-07-00832-CV, 2009 Tex. App. LEXIS

1796, at *6 (Tex. App.—Houston [14th Dist.] March 17, 2009, no pet.) (mem. op.).

Evidence is legally sufficient if it would enable reasonable and fair-minded people

to reach the decision under review. City of Keller, 168 S.W.3d at 827. We credit

favorable evidence if a reasonable fact-finder could and disregard contrary evidence

unless a reasonable fact-finder could not. Id. The trier of fact is the sole judge of a

witness’s credibility and the weight to be given to a witness’s testimony. Id. at 819;

Teel v. Shifflett, 309 S.W.3d 597, 603 (Tex. App.—Houston [14th Dist.] 2010, pet.

denied). A court shall render a protective order if the court finds that family violence

has occurred. Tex. Fam. Code Ann. §§ 81.001, 85.001. Family

violence includes “an act by a member of a family or household against another

member of the family or household that is intended to result in physical harm, bodily

injury, assault, or sexual assault or that is a threat that reasonably places the member

in fear of imminent physical harm, bodily injury, assault, or sexual assault… .” Tex.

Fam. Code Ann. § 71.004(1).

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Considering the record before us and the evidence in the light most favorable

to the appealed order and indulging every reasonable inference that supports it, as

we must, we conclude that the evidence is legally sufficient to support the trial

court’s denial of the protective order. Jonathan failed to prove as a matter of law all

vital facts in support of the issue. See Dow Chem. Co., 46 S.W.3d at 241. Jonathan

and his attorney admitted at the hearing that he was relying on the exact same

evidence and exhibits that he had used at the Harris County proceeding, and that his

alleged family violence allegations he made in the Application he filed in

Montgomery County contains the same allegations he made in the Application he

filed in Harris County. The trial court gave Jonathan and his attorney an opportunity

to offer evidence of any family violence that he alleged had occurred after November

12, 2024, and all Jonathan referenced was 1) two occasions, once in November and

once in January, when Kirsten was present at the school when he picked up their

son, which he says was intimidating just because she was present, even though her

presence would be expected because she works at the school, and 2) once in

December when he was late to an exchange to pick up their son in the parking lot of

the police station and she allegedly “bang[ed] on my window of my car[,]” yet

Jonathan agreed she returned to her car and the exchange of the child proceeded

without further problems.

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It is undisputed that the Harris County District Court issued a final Order

denying Jonathan any relief, which he admits he did not appeal. Additionally, at trial

Jonathan failed to articulate any reason why res judicata does not bar his claim with

respect to the allegations of family violence that were part of the Harris County

proceeding. On appeal, Jonathan also does not challenge the trial court’s conclusion

that his allegations of family violence as outlined in the Application in this case are

barred by res judicata. The trial court could have reasonably concluded that the

allegations Jonathan made at trial regarding events he claimed that occurred after

November 12, 2024, did not constitute “family violence” as defined under the

pertinent statute. We overrule Jonathan’s first issue.

Issues Two, Three, and Four—Sanctions

Because each of these issues challenges the imposition of the $5,000 sanction,

we consider them together. The imposition of sanctions is reviewed under an abuse

of discretion standard. Nath v. Tex. Children’s Hosp., 446 S.W.3d 355, 361 (Tex.

2014) (citing Low v. Henry, 221 S.W.3d 609, 614 (Tex. 2007)). We cannot hold that

a trial court abused its discretion in awarding sanctions when there is some evidence

that supports the trial court’s ruling. Id. A trial court abuses its discretion when its

decision is contrary to the only permissible view of the evidence. Unifund CCR

Partners v. Villa, 299 S.W.3d 92, 97 (Tex. 2009) (per curiam). “In assessing

sanctions, the trial court is entitled to consider the entire course of the litigation.”

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Broesche v. Jacobson, 218 S.W.3d 267, 277 (Tex. App.—Houston [14th Dist.] 2007,

pet. denied). Before a court may exercise its discretion to shift attorney’s fees as a

sanction, there must be some evidence of reasonableness because without such proof

a trial court cannot determine that the sanction is “no more severe than necessary”

to fairly compensate the prevailing party. PR Invs. & Specialty Retailers, Inc. v.

State, 251 S.W.3d 472, 480 (Tex. 2008) (quoting TransAmerican Nat. Gas Corp. v.

Powell, 811 S.W.2d 913, 917 (Tex. 1991)); see also Low, 221 S.W.3d at 620 (“[A]

sanction cannot be excessive[,] nor should it be assessed without appropriate

guidelines.”). “Consequently, when a party seeks attorney’s fees as sanctions, the

burden is on that party to put forth some affirmative evidence of attorney’s fees

incurred and how those fees resulted from or were caused by the sanctionable

conduct.” CHRISTUS Health Gulf Coast v. Carswell, 505 S.W.3d 528, 540 (Tex.

2016).

Kirsten’s attorney testified as to her qualifications, hourly rate, and the total

amount she believed was reasonable and necessary to defend against Jonathan’s

groundless filing in Montgomery County. She did not itemize the tasks performed,

identify approximately when she performed those tasks, or testify concerning the

time required to perform the specific tasks. See Advanced Tech. Transfer &

Intellectual Prop. Grp. LLC v. Krenek, 627 S.W.3d 540, 547 (Tex. App.—Houston

[14th Dist.] 2021, no pet.) (considering attorney’s testimony concerning fees in

29

absence of billing records); El Apple I, Ltd. v. Olivas, 370 S.W.3d 757, 763 (Tex.

2012) (holding that time estimates based on generalities about tasks performed

provided insufficient information for a factfinder to meaningfully review whether

tasks and hours were reasonable and necessary). No time records were provided.

Kirsten bore the burden of presenting evidence supporting her request for attorney’s

fees as sanctions and she was required to provide sufficient evidence for the trial

court to meaningfully evaluate the reasonableness and necessity of the fees

requested. While this could have been done without billing records, the Texas

Supreme Court has “strongly encouraged” the use of billing records to prove the

reasonableness and necessity of attorney’s fees. See Rohrmoos Venture v. UTSW

DVA Healthcare, LLP, 578 S.W.3d 469, 502 (Tex. 2019); El Apple I, 370 S.W.3d at

761; see also Milliken v. Turoff, No. 14-19-00761-CV, 2021 Tex. App. LEXIS 4188,

at *8 (Tex. App.—Houston [14th Dist.] May 27, 2021, no pet.) (mem. op.).

Under Rule 13, when an attorney or party signs a pleading, motion, or other

paper, it constitutes

a certificate by them that they have read the pleading, motion, or other

paper; that to the best of their knowledge, information, and belief

formed after reasonable inquiry the instrument is not groundless and

brought in bad faith or groundless and brought for the purpose of

harassment. . . . If a pleading, motion or other paper is signed in

violation of this rule, the court, upon motion or upon its own initiative,

after notice and hearing, shall impose an appropriate sanction . . . upon

the person who signed it, a represented party, or both.

30

Courts shall presume that pleadings, motions, and other papers are filed

in good faith. No sanctions under this rule may be imposed except for

good cause, the particulars of which must be stated in the sanction

order. “Groundless” for purposes of this rule means no basis in law or

fact and not warranted by good faith argument for the extension,

modification, or reversal of existing law.

Tex. R. Civ. P. 13.

Jonathan argues that he and his attorney filed the Application against Kirsten

in “good faith,” that his allegations of “family violence” were unrebutted, and that

he should not have been sanctioned because the trial court failed to make sufficient

findings that he filed the Application in Montgomery County in bad faith or for the

purpose of harassment. We conclude that the trial court did not abuse its discretion

by granting Kirsten’s motion for sanctions.

We review the imposition of sanctions for an abuse of discretion. Low, 221

S.W.3d at 614. “Chapters 9 and 10 of the Texas Civil Practice and Remedies Code

and Rule 13 of the Texas Rules of Civil Procedure allow a trial court to sanction an

attorney or party for filing motions or pleadings that lack a reasonable basis in fact

or law.” Id. Here, the Application lacked a reasonable basis in law or fact because

the Application had already been determined against Jonathan in a final judgment

by the Harris County trial court in the November 12, 2024 proceeding. The Harris

County trial court proceeding was based on the same allegations of alleged family

violence that are contained in the affidavit and Application filed in Montgomery

County. While it is true that during the hearing in Montgomery County, Jonathan

31

and his attorney verbally argued there were additional acts of “family violence” that

had occurred after November 12, 2024, the allegations he made in his Application

and affidavits in Montgomery County are identical to what was alleged in the

application and documents he filed in Harris County. Moreover, Jonathan and his

attorney admitted that the specific allegations in the Harris County application match

what was alleged in the Application in Montgomery County. Filing repetitious

lawsuits is grounds for sanctions. See Hatton v. Grigar, No. 01-09-00588-CV, 2011

Tex. App. LEXIS 1243, at *13 (Tex. App.—Houston [1st Dist.] Feb. 17, 2011, pet.

denied) (mem. op.) (affirming award of sanctions where suit was barred by res

judicata); Pope v. Gaffney, No. 04-05-00763-CV, 2006 Tex. App. LEXIS 5788, at

*8 (Tex. App.—San Antonio July 5, 2006, pet. dism’d w.o.j.) (mem. op.) (affirming

award of sanctions “for the filing of this cause of action when it had already been

tried once[]”). We cannot say the trial court erred in concluding that the Application

Jonathan filed in Montgomery County was groundless, brought in bad faith, and for

the purpose of harassment in violation of Rule 13. See Tex. R. Civ. P. 13.

Jonathan’s attorney was the same in both the Harris County proceeding and

the Montgomery County proceeding. The record shows that the Harris County

District Court denied Jonathan’s Application based on the same allegations of family

violence, and that he refiled the same affidavit with the same allegations in

Montgomery County, and his stated purpose was to try and get the Montgomery

32

County court to give him relief on the same alleged acts of violence after a Harris

County District Court found no basis for a protective order, and after he failed to

appeal that decision. Accordingly, the trial court did not err in finding that res

judicata barred the allegations made in the Application and that sanctions were

appropriate. Accordingly, we overrule issues two and three.

As to issue four, Jonathan contends that the evidence is legally insufficient to

support the amount of $5,000 as a sanction because Kirsten’s attorney failed to

provide sufficient detailed time records and evidence in accordance with the

requirements of controlling caselaw. In Nath, the Texas Supreme Court stated:

We have recently clarified the legal and evidentiary requirements to

establish a reasonable attorney’s fee in a fee-shifting situation. [Citing

to Rohrmoos]2. Although this case deals with attorney’s fees awarded

through a sanctions order, the distinction is immaterial because all feeshifting situations require reasonableness.

Nath v. Tex. Children’s Hosp., 576 S.W.3d 707, 709-710 (Tex. 2019).

We note that Kirsten’s attorney testified that she personally prepared the

Motion for Sanctions and obtained the exhibits attached to the motion, that she had

traveled to the court from Harris County, spent more than two hours at the hearing,

and that as a double board-certified attorney her reasonable and customary billable

2

In Rohrmoos, the Texas Supreme Court addressed the recovery and

calculation of attorney’s fees, and the nature of the evidence required for a recovery. See Rohrmoos Venture v. UTSW DVA Healthcare, LLP, 578 S.W.3d 469, 483-84 (Tex. 2019).

33

rate is $450 an hour. That said, Kirsten’s attorney did not provide testimony as to

the amount of time she spent on preparing the motion for sanctions, the amount of

time spent on preparing for the hearing nor did she provide a breakdown of how she

arrived at a request for $5,000 in fees. As the party seeking to shift attorney’s fees

as a sanction, the requesting party must provide sufficient evidence to support the

reasonableness and necessity of the fee. Nath, 576 S.W.3d at 710. We find on this

record that the attorney’s testimony is insufficient evidence to support the amount

of the sanction that was awarded, so we sustain issue four in part and we remand the

sanctions award to the trial court for the trial court to hear or receive additional

evidence to support the calculation of the sanction award in an amount that is

consistent with this opinion. See id.

AFFIRMED IN PART AND REVERSED AND REMANDED IN PART.

LEANNE JOHNSON

Justice

Submitted on August 14, 2026

Opinion Delivered August 31, 2026

Before Golemon, C.J., Johnson and Wright, JJ.

34