Brazil v. Brazil

• Docket Number: CV-23-217
• Decision Date: 24 January 2024
• Citation: Brazil v. Brazil, 683 S.W.3d 600 (Ark. App. 2024)
• Parties: Steven BRAZIL, Appellant v. Julie Goggins BRAZIL, Appellee
• Court: Arkansas Court of Appeals

683 S.W.3d 600

2024 Ark. App. 40

Steven BRAZIL, Appellant

v.Julie Goggins BRAZIL, Appellee

No. CV-23-217

Court of Appeals of Arkansas, DIVISION I.

Opinion Delivered January 24, 2024

APPEAL FROM THE SALINE COUNTY CIRCUIT COURT [NO. 63DR-224096], HONORABLE BRENT DILLON HOUSTON, JUDGE

Dodds, Kidd, Ryan & Rowan, Little Rock, by: Catherine A. Ryan, for appellant.

LaCerra, Dickson, Hoover & Rogers, PLLC, Little Rock, by: Lauren White Hoover, for appellee.

ROBERT J. GLADWIN, Judge

₁Steven Brazil appeals the December 12, 2022 final order of protection granted by the Saline County Circuit Court in favor of Julie Goggins Brazil. He challenges the sufficiency of the supporting evidence as well as the denial of his motion for new trial, additional findings, and reconsideration of the order of protection. We affirm.

I. Facts and Procedural History

On November 18, 2022, Julie filed a petition for an order of protection against her former spouse, Steven, alleging, "I fear for my life. He has left a death threat and is harassing me. The mental and emotional abuse is excessive." Julie further indicated that Steven owned multiple firearms and that she did not know where they were located. In the accompanying affidavit, Julie asserted:

₂I was divorced from Steven Brazil on 8-2-22. I was awarded the marital home, and he had to move out in 10 days. He moved out, and I moved in, and bloody sheets were in the washer, an electrical cord was damaged and very dangerous found plugged in under a desk. A contempt of court was filed that will go before the judge on 12-19-22. On 10-7-22 I found a death threat in my front yard that had my name and had been burned—during a burn ban. I live in a home that backs up to woods which could have caught fire. I called the police on 10/8/22 to see if I could get a report and they said I did not have video of him placing it in the yard. 11/10/22 I saw 4 masked people in my yard on the Ring camera and called the neighbors. They turned on more lights and ran outside and the people ran off. I called police and they shined a light and said they were gone. I asked for a report, and they said they were the only car in the county, and it would be on a call log. I have the cord and death threat and video with me.

There was no specific allegation in the petition, affidavit, or transcript that Steven had physically harmed Julie.

A temporary order of protection was entered on November 18. Steven claims there is no evidence in the record that it was served on him; however, page 3 of the record pleading and a November 30, 2022 docket entry indicate a return of service dated November 22, 2022.

A hearing on Julie’s petition was held on December 12, at which Julie and Steven were both represented by counsel. No challenge to service was made by Steven to the circuit court.

Julie testified that she and Steven were divorced on August 2 and that she took possession of their formerly shared residence on August 12. Julie presented a text message sent from Steven to her on August 4, 2022, that stated, "I’m just warning you, the memories in this house will haunt you. Or at least they have me." Julie ex- plained that on August 12, when she took possession of their formerly shared residence, she found bloody sheets in the ₃open washing machine and a missing lock on the entry door between the garage and the kitchen. Julie presented a photograph depicting that the middle part of the lock was missing and stated that this caused her considerable concern because if someone had the garage code or garage door opener, then that person could enter into the home due to the broken lock. Julie also presented photographs of the electrical cord that was stripped to the bare wire and plugged into the wall. She testified the stripped cord was in the place of an extension cord in working order and that she discovered the normal extension cord in the garage, which caused her to think it was an intentional act to replace a working extension cord with a cord that was stripped and had exposed wire.

Julie testified that on October 7, she found a funeral balloon that contained a handwritten note that said, "Julie, my loving wife. I miss you so much. Love you. Go Hogs." Later characterizing the funeral balloon as a lantern, Julie read part of the message on the lantern for the circuit court: "In memory of those who are no longer with us. May this light ascend to heaven and shine with you within the vastness of infinity." Julie testified that when she found this item she was "very scared" for her safety at that point. She stated that she viewed the message on the balloon as a death threat and was "absolutely" concerned. Further, Julie noted that she is a graduate of the University of Missouri and that, in addition to her opinion that the handwriting on the balloon was Steven’s, she testified that during their marriage, Steven would say "Go Hogs" to her because he always cheered for the team that played against Missouri. Julie acknowledged that after urging from her brother, she made a police report on October 8.

₄Julie testified that on November 10, she received notifications from her Ring doorbell camera and saw video footage of four people wearing ski masks running up on her property. Julie stated she contacted her neighbor, and her neighbor’s husband turned on their lights arid came out of the back of their home. After her neighbor’s husband turned on the lights, they could hear people running back into the woods behind her home and dogs barking across the woods. Julie testified that she had no doubt that the first person in the video was Steven. Julie again affirmed that she was concerned for her imminent safety. Julie played the November 10, 2022 Ring doorbell video for the circuit court in support of her testimony and presented still photographs, from the video depicting an unmasked female wearing riding boots. Julie also presented a photograph from a trail camera taken on November 10, 2022, depicting the masked individuals coming up the driveway next to her garage doors.

Julie’s neighbor, Terry Polk, testified that on or about October 7, Julie noticed what appeared to be a white bag at the edge of her property. She explained that they walked over to pick it up while they were talking. Julie picked it up and discovered it was a balloon that had writing on it. Terry testified that Julie turned visibly pale and was terrified when she read what was on the funeral-type balloon. She stated that Julie immediately interpreted it as being a death threat, and she confirmed that the handwriting on it said, "Julie, my loving wife. I’ll miss you."

Terry also testified regarding an interaction with Julie on November 10. Terry confirmed that she received a phone call from Julie that there were four people in ski masks on her property. Terry explained that her husband, Brett Polk, got his pistol and went out ₅the back of their house to check on the situation. Terry noted that during her interaction with Julie that evening, she noticed that Julie was very scared because masked intruders had come onto her property and that she believed one of them was Steven, Terry also testified that Julie had been visibly scared during these incidents and believed that Steven was going to harm her, even stating when Julie found the funeral balloon, she said, "He’s going to kill me."

Brett Polk testified regarding his observations and actions on November 10 related to the masked intruders on Julie’s property. Brett explained that he took a flashlight outside to determine whether there was a threat or danger. Brett acknowledged that he did not see any individuals when he searched outside but stated that he did see that Julie was in fear at that time. Brett testified that he did not recognize the individuals from Julie’s video, but they had their faces covered. Brett testified that Julie and Steven’s divorce had been contentious but that he had considered both Julie and Steven his friends. He acknowledged, on cross-examination that he had not seen Steven act dangerously or be a problem but also noted that he tried to mind his own business.

Steven testified, denying all the allegations against him except that he left a dry-rotted extension cord plugged in around a desk so that he could plug in all his equipment. He noted that the electrical cord’s casing was dry rotted, but the copper wire was not exposed and that he would use that same cord today because it was not dangerous.

Steven presented a photograph taken on October 8 to support his testimony that he had been at Greers Ferry with his girlfriend from after work on October 7 until October 9. ₆Steven denied ever seeing the balloon, denied that it was his handwriting, and specifically testified that the, "G" in "Go Hogs" is not how he writes the letter "G."

Steven testified that he had not been back; to the residence since August 12 at approximately 7:45 a.m., nor had he been back to the woods on the edge of the property. Steven was asked to identify his girlfriend’s physical features and skin color, and he stated that she wears riding boots when she rides horses. However, Steven said she did not have tall dark boots, although there is a picture on Facebook from twelve years ago in which she is wearing that type of boot.

Steven testified that he had removed the "guts" of the lock to the door in mid-July because the door was getting stuck. Steven testified he put the removed parts in a laundry-room drawer and did not repair the lock because he felt it was secure with the existing deadbolt.

He testified further that he did not wish any bodily harm to, Julie, had not threatened Julie, did not wish "ill will" on her, had no reason whatsoever to contact her following August 12, and did not object to a no contact order being entered in the divorce case. Steven objected to the entry of an order of protection, but because he did not understand the severity of an order of protection, he did not want it, to affect his employment.

Melinda...