Wilkerson v. Wilkerson

Linett Wilkerson was the widowed third wife of James Wilkerson. Dennis Wilkerson was James’s adult son from his first marriage. After her husband died, Linett explained to Dennis that she intended to help run one of the family businesses, a golf course. Dennis became furious. told Linett that she had no business in the golf course, and instructed her to follow him outside where he pulled a gun out and shot some soda cans, telling Linett that he was “a good shot” and “I never miss” and that he “always [had] plenty of ammunition.” On another occasion he told Linett not to “get in his way” or “something would happen” to her. After Dennis repeatedly refused Linett’s attempts to obtain financial information about the business in order to probate James’s estate, Linett filed a lawsuit. Williams, a friend of Dennis’s, came to Linett’s house twice and threatened her and her children. The trial court issued a family violence protective order against Dennis on behalf of Linett and her children. Dennis asserted that it was not an appropriate case for the issuance of a family violence protective order because “Linett and Dennis have never shared a household” and their family relationship was “attenuated” since she was his father’s third wife. The court held that their relationship was one of family under section 71.004(1) of the Texas Family Code, since Linett and Dennis were related by affinity and Dennis and Linett’s children were half-siblings. In other words, step-families fall within the “family violence” provisions of the Code even where they do not share a household. Moreover, the evidence was legally and factually sufficient for issuance of the protective order.