Sanders

FACTS

Leonard filed a Request for Domestic Violence Restraining Order against Phillip on January 21, 2020.1 The court issued a Temporary Restraining Order (“TRO”) that same day protecting Leonard until the hearing scheduled for February 13. At the February 13 hearing, both Leonard and Phillip appeared without witnesses, and the court heard both sides of the story. Leonard’s Testimony Leonard claimed he was the primary caretaker for his mother who suffered a stroke on December 24, 2019. Both he and his brother, Phillip, resided at their mother’s house. On January 18, their mother was going to amend her trust to exclude Phillip, which Leonard explained to Phillip that day. After a notary arrived at the house, Leonard and the notary entered his mother’s room so she could execute the documents. Leonard closed the door. According to Leonard, Phillip “barged” through the door. Leonard attempted to prevent Phillip from entering the room, and Phillip struck Leonard in the eye with a closed fist. Leonard received a cut on his eye. Leonard called the sheriff. Once the sheriff arrived, Phillip agreed to leave so that Leonard could take care of their mother. Leonard proceeded to obtain the…