Patterson v. Charles
| Decision Date | 11 September 2019 |
| Docket Number | NO. 2019-CA-0333,2019-CA-0333 |
| Citation | 282 So.3d 1075 |
| Parties | Keshawn PATTERSON v. Tacarra CHARLES |
| Court | Court of Appeal of Louisiana — District of US |
LaMarre T. Elder, Amalfi K. Parker, PARKER & ELDER LAW, 1100 Poydras, Suite 2900, New Orleans, LA 70163, COUNSEL FOR PLAINTIFF/APPELLEE
Cynthia D. Samuel, ATTORNEY AT LAW, 7024 Vicksburg St., New Orleans, LA 70124, COUNSEL FOR DEFENDANT/APPELLANT
(Court composed of Chief Judge James F. McKay, III, Judge Paula A. Brown, Judge Dale N. Atkins )
Defendant-Appellant, Tacarra Charles, appeals the trial court's grant of a protective order against her filed by Plaintiff-Appellee, Keshawn Patterson. For the following reasons, we amend and as amended affirm the trial court's decision to grant the protective order and remand for the limited purpose of correcting the Uniform Abuse Prevention Order Form.
On December 14, 2018, Plaintiff-Appellee, Keshawn Patterson ("Patterson"), filed a petition for protection from stalking pursuant to La. R.S. 46:2171, et seq. , on behalf of her minor child, L.J., against Defendant-Appellant, Tacarra Charles ("Charles"), alleging that Charles harassed, stalked, harmed/threatened to harm, intimidated, and emotionally and physically abused L.J.1 Charles is the girlfriend of L.J.'s father. The petition alleged that on or about August 22, 2018, Charles "slammed minor [L.J.] into a chair when [L.J.] tried to get up [Charles] pushed [her] back down [t]hen cut her hair." It further alleged that on prior occasions Charles had kicked the back of L.J.'s scooter causing her to fall off; threw sand in L.J.'s face; pulled L.J. underwater while she was swimming; and pushed L.J. down causing her to scrape her knee. The petition stated when Charles "does these things to [L.J.] [Charles] tells her that she better not tell anybody."
The same date as the filing of the petition, the trial court granted a temporary protective order and ordered Charles to appear on January 3, 2019 for a rule to show cause why a protective order should not be issued.
The Orleans Parish Sheriff's Office attempted to but was unable to serve Charles with the rule to show cause on December 19, 2018, December 24, 2018, and December 26, 2018. On January 1, 2019, Patterson contacted the New Orleans Police Department ("NOPD") about the temporary protective order. The police then relocated to Charles' house and provided a copy of the temporary protective order and rule to show cause.
On January 3, 2019, Patterson and Charles appeared for the hearing before the trial court.2 Neither party was represented by counsel. L.J., who was eight years old at the time of the hearing, was also present. L.J.'s father also appeared but left to go to work before the matter was heard. At the hearing, Patterson and Charles testified. The trial court then took the testimony of L.J. in her chambers.
Patterson testified she filed the protective order against Charles on behalf of her daughter because Charles had been physically abusive and had intimidated L.J. She stated that in 2016, on two occasions, Charles had fixed L.J.'s hair too tight. She stated that in one instance, Charles had pulled L.J.'s braids into a high ponytail and it was so tight it had caused a bald spot on L.J.'s head. Patterson said that in the summer of 2018, when she advised L.J. that she was going to her father's house for a week she cried for two days. L.J. was then placed into art therapy. Patterson stated that in June of 2018, during art therapy, L.J. had drawn a person with "orange hair... sticking up like Medusa." When the art therapist asked who that person was, L.J. advised that she was "Ms. T, the bad lady." According to the record, L.J. refers to Charles as "Ms. T."
Patterson testified that in July of 2018, Charles had hidden L.J.'s bag containing her cell phone. L.J. said when she went looking for her bag, Charles blocked the door and when she tried to maneuver around her, Charles had "kept moving toward [L.J.] like she was going to hit" her and threatened L.J. not to tell anyone what happened.
Patterson also stated she had braided L.J.'s hair for the first week of school and several days later at cheerleading practice Patterson observed that all of her braids were out. L.J. told Patterson that Charles had asked her who did her braids, and when L.J. stated "my mommy did ‘em," Charles said she going to take them out. L.J. told Patterson that Charles then took her by the arm and slammed her into a chair. When L.J. tried to get up from the chair, Charles pushed her back in the chair and placed a book bag on her lap to prevent L.J. from getting up. Charles then used scissors to "cut the braids out of her hair close around [L.J.'s] neck." Patterson explained that to remove braids you cut at the bottom, so you do not actually cut the person's hair. Patterson testified that L.J. stated she could "feel the scissors close to her neck" and was "really scared." After hearing L.J. recount this occurrence as well as other events, Patterson contacted the police.
Patterson stated she did advise L.J.'s father of the braid incident. She said the police contacted him so that L.J. could pick up some of her belongings and that L.J.'s father gave the police "a big runaround," dismissed the allegations of abuse, and insisted that he was supposed to have custody over L.J. at that time.
Patterson testified that L.J. was subsequently interviewed by the Children's Advocacy Center ("CAC"), and L.J. had described additional incidents involving Charles that were not previously conveyed to her. Patterson said that L.J. told CAC that Charles had kicked her scooter and caused her to fall off. L.J. also told the CAC that Charles had purposefully threw sand in her face when they were on vacation in Florida. L.J. further advised that while at a water park Charles "pushed her down on the concrete part" in the wave pool causing her to scrape her knees and that when they were in the deeper end of the wave pool, Charles "kept pulling her under the water, over and over again and she would tell [Charles] to stop [but] she would keep doing it."
Patterson stated that she received a letter from the Department of Child and Family Services ("DCFS") on October 16, 2018, advising that the information provided met the definition of child abuse or negligence and that an investigation would be conducted.3 Patterson said a social worker from DCFS spoke to L.J.'s teacher, the school principal, and vice principal, who all indicated that L.J. had also informed them about the alleged physical abuse. DCFS continued its investigation.
Patterson testified that L.J. was supposed to see her father on Christmas but that she had a "really bad anxiety attack," was "stressed out, and crying." L.J.'s father and L.J. spoke on the phone and after her father indicated Charles was going to be present, L.J. advised she did not want to go.
Patterson said L.J.'s father communicated to her, that despite the DCFS letter, he believed there was no case, and he was not going to prevent Charles from being around L.J. Patterson testified that DCFS advised her to file the petition for protective order to ensure Charles would not have contact with L.J.
Charles testified that all of the allegations against her were false. She said that she removed L.J.'s braids because they were unraveling, "old looking," and because L.J. had complained that the braids were falling out. Charles stated that she cut out the braids in the presence of Charles' grandmother and two cousins in the kitchen. She said that after she took L.J.'s braids out, she combed L.J.'s hair, and sent L.J. to cheerleading practice. Charles said, while at practice, L.J.'s father received a call from Patterson, stating, "you let this b*tch do anything, I'm going to show you." Charles testified that Patterson also said, "you always let this h*e comb her f***ng hair." Charles said two hours later the police called, claiming that she had slammed L.J. in a chair and cut her hair.
Charles testified that contrary to Patterson's assertions, the DCFS report did not meet the criteria for child abuse and was not accepted.4 She said that Patterson had taken L.J. on August 23, 2018 and that she had not seen L.J. since December 15, 2018. Charles also stated that L.J.'s father received a call on Christmas day, and she overheard L.J. stating she did not want to go to her father's house if Charles was there. Charles testified that L.J.'s father said that she could just come get her presents and go home. Charles stated that she and L.J.'s father then received a text about meeting at 4:30 p.m. to pick up L.J. but that Patterson never showed. Charles said that on January 1, 2019, the police knocked on her door with a protective order.
Charles stated that she did take L.J. to the water park but they did not have any problems. She testified she did not hear about the allegation of her pushing L.J. or any other abuse allegations until she received notice of the protective order.
The trial court then conducted a Watermeier hearing5 and questioned L.J. in chambers outside the presence of either party.6
After hearing testimony from the parties and L.J., the trial court granted the protective order against Charles, which will expire on July 3, 2020, prohibiting Charles from contacting L.J., and ordering Charles to stay away from L.J.'s residence and school.7
The trial court, thereafter, signed the Louisiana Uniform Abuse Prevention Order Form, which provided that the protection order was issued pursuant to " La. Ch. C. art. 1564 et seq. (Children's Code Domestic Abuse)."
On January 30, 2019, Charles filed a motion to obtain a transcript of L.J.'s testimony taken in-chambers by the trial court. On February 1, 2019, the trial court ordered that the testimony of L.J. be "sealed due to the delicate issues involved in the case."8
The same date, Charles timely filed a motion for devolutive appeal, which the trial court granted. This appeal follows.9
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Leading questions
...as in the case where a party is “cross-examined” by his own attorney after that party was called by an opponent. 4 Patterson v. Charles , 282 So.3d 1075 (Court of Appeal of Louisiana, La.App. 4th Cir., 2019); Day v. State , 285 So.3d 171 (Court of Appeals of Mississippi, 2019); Matter of Da......
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Leading Questions
...as in the case where a party is “cross-examined” by his own attorney after that party was called by an opponent. 4 Patterson v. Charles , 282 So.3d 1075 (Court of Appeal of Louisiana, La.App. 4th Cir., 2019); Day v. State , 285 So.3d 171 (Court of Appeals of Mississippi, 2019); Matter of Da......
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Leading Questions
...as in the case where a party is “cross-examined” by his own attorney after that party was called by an opponent. 4 Patterson v. Charles , 282 So.3d 1075 (Court of Appeal of Louisiana, La.App. 4th Cir., 2019); Day v. State , 285 So.3d 171 (Court of Appeals of Mississippi, 2019); Matter of Da......