FROM OLDHAM CIRCUIT COURT HONORABLE DOREEN S. GOODWIN, JUDGE
ACTION NO. 16-D-00050-001
FOR APPELLANT: Erin S. Kennedy Startzman Louisville, Kentucky
FOR APPELLEE: James L. Theiss LaGrange, Kentucky
BEFORE: MAZE, STUMBO, AND TAYLOR, JUDGES.
appeal arises from an Interpersonal Protective Order (IPO)
entered by the Oldham Circuit Court to prevent Denise
Halloway, Appellant, from stalking James Simmons, Appellee.
As the record shows the trial court's findings of fact
were clearly erroneous and application of law was flawed, we
and Simmons were involved in a dating relationship and lived
together in Simmons's house beginning in 2014. In
November 2015, their relationship ended and Halloway moved
out of Simmons's home. Simmons alleged that during their
relationship in 2015, Halloway physically assaulted him at
Belterra Casino. Halloway denied physically assaulting him.
After their breakup, they did not continue seeing each other.
April 13, 2016, Simmons was at Captain's Quarters
Restaurant on River Road enjoying drinks at the bar with
Susan, a woman he had invited out for drinks. Halloway and
Simmons saw each other as she walked through the restaurant
to the outside area where she was to board the
restaurant's yacht for an Easter dinner cruise. She was
accompanied by her new boyfriend. Testimony was offered that
Simmons was annoyed at seeing Halloway with her new
boyfriend. Simmons, who drives as his personal car a
limousine with his nickname, "Jimbo1, "on the
license plate, contends that Halloway knew he was in the
restaurant because she would have recognized his vehicle
parked out front.
on May 12, 2016, Halloway had dinner with her boyfriend and
another friend at the River House Restaurant and Raw Bar on
River Road, before going to the attached Levee Restaurant and
Bar for after dinner drinks. Simmons was at Levee. Halloway
alleges that there was a verbal altercation at the restaurant
during which Simmons verbally assaulted her. The record
indicates that Simmons repeatedly texted Halloway that night,
using explicit and degrading language. The following day,
Simmons sent Halloway's son a similar message. He also
contacted the deacon at her church.
response to Simmons's actions at Levee and the text
messages he sent afterwards, Halloway sought and was issued
an Emergency Protective Order ("EPO") in Jefferson
County on May 13, 2016. Simmons violated this EPO on May 18,
2016, when he sent her a text message, that he contends was
only sent on accident. On May 24, 2016, a Jefferson County
court granted Halloway a Domestic Violence Order which
prohibited Simmons from perpetrating further acts of abuse or
contacting her, and he was to remain at all times 500 feet
away from Halloway.
faced misdemeanor charges in Jefferson County arising from
his violation of the EPO. He had a pre-trial conference for
these charges on June 13, 2016. The next day, on June 14,
2016, Simmons sought an IPO against Halloway in Oldham
petition, Simmons accused Halloway of "targeting [his]
location and coming in to such establishment[s] to cause
further c[h]aos in [his] life." He also stated that,
"[s]he is a pathological liar and I feel I need some
type of protection for me so she [doesn't] abuse and
manipulate the system by targeting my location." This
temporary order was granted, prohibiting Halloway from
"stalking" him, requiring her to stay 300 hundred
feet away from him, and requiring "respondent to
withdraw from the presence of petitioner if she enters a
location where he has first occupied."
August 5, 2016, the trial court granted Simmons's
petition for the IPO. At the hearing, Simmons testified and
called one witness, Susan, and Halloway testified and called
two witnesses, her son and a friend of both parties who
witnessed Simmons's reaction at Captain's Quarters.
The evidence presented all centered around the events at
Belterra, Captain's Quarters, and Levee, and included the
text messages sent by Simmons. After hearing the evidence,
the trial court stated,
[t]he evidence presented today is disturbing…I think
both of you share some culpability…I am going to enter
an order for one year that respondent remain away from
petitioner…that if you appear anywhere and you see
that he's there, that you are to leave…it is
basically going to work ...