Jonathan Fourie v. Kirsten Fourie
CourtTexas Court of Appeals, 9th District (Beaumont)
Date FiledAugust 31, 2026
Docket09-25-00276-CV
StatusPublished
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Full 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.
1
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 cross-
examination 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 do-
over?
[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