APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 787-228, DIVISION
"K" HONORABLE ELLEN SHIRER KOVACH, JUDGE PRESIDING
PLAINTIFF/APPELLEE, JOY BOURGEOIS In Proper Person.
COUNSEL FOR DEFENDANT/APPELLANT, PAGET BAZIL Tracy G.
composed of Judges Robert A. Chaisson, Stephen J. Windhorst,
and John J. Molaison, Jr.
J. MOLAISON, JR. JUDGE
action for injunctive relief was brought by Joy Bourgeois, on
behalf of herself and her four children, against Paget
Bazile, the girlfriend of Ms. Bourgeois' former husband
and the children's father, Mickey
Bourgeois. The trial court granted a permanent
injunction for one year, based on evidence that Ms. Bazile
initiated a physical confrontation with Ms. Bourgeois and
interfered in matters involving the children.
Bazile appealed to question Ms. Bourgeois' right to seek
relief on behalf of her eighteen-year-old son and the
sufficiency of the evidence to support the granting of
injunctive relief under La. C.C.P. art. 3601, which requires
proof by a preponderance of the evidence that irreparable
injury, loss or damage may otherwise result and that the
petitioner is without an adequate remedy at law. Zeringue
v. St. James Parish School Bd., 13-444 (La.App. 5 Cir.
11/19/13), 130 So.3d 356, 358-359.
affirm the judgment as to Ms. Bourgeois. Based on a
discrepancy between the trial court's oral reasons for
judgment and the written judgment, which was not asserted by
either litigant but became apparent in our review of the
record, we find that the children were not included as
protected persons in the written judgment, despite the trial
judge's apparent intention to include them. In such
circumstances, the written judgment controls. Marino v.
Marino, 576 So.2d 1196, 1198 (La.App. 5 Cir. 1991);
Hains v. Hains, 09-1337 (La.App. 1 Cir. 3/10/10), 36
So.3d 289, 301. Accordingly, only Ms. Bourgeois is a
protected person under the judgment.
AND PROCEDURAL BACKGROUND
time of the events giving rise to Ms. Bourgeois' suit for
injunctive relief, she and her ex-husband had joint custody
of the children, who ranged in age from eight to eighteen.
Ms. Bourgeois was the domiciliary parent and home-schooled
the children. For reasons that are not relevant to this case,
Mr. Bourgeois had visitation with the children at Ms.
2018, Ms. Bourgeois filed for sole custody of the children.
Mr. Bourgeois and Ms. Bazile were apparently engaged to be
married at the time, and Ms. Bazile attended the court
proceedings in the custody case. Ms. Bourgeois and Ms. Bazile
had some differences of opinion about certain things
involving the children, culminating in an incident at Ms.
Bourgeois' home on August 26, 2018, in which Ms. Bazile
pushed Ms. Bourgeois into the front door of the home. Ms.
Bourgeois reported the incident to the police. The next day,
Ms. Bazile contacted Child Protective Services to report her
concerns about the manner in which Ms. Bourgeois was caring
for the children. An investigator contacted Ms. Bourgeois,
who denied the allegations.
days later, Ms. Bourgeois filed this suit against Ms. Bazile
seeking injunctive relief on behalf of herself and the
children. Ms. Bourgeois alleged that Ms. Bazile had stalked,
harassed and assaulted her, had threatened to kidnap her
children by taking them on a cruise out of the country
despite knowing that Ms. Bourgeois opposed that, and had made
a false report against her with Child Protective Services in
an attempt to have her children taken away from her. She also
alleged that Ms. Bazile questions the children and makes them
trial court issued a temporary restraining order in favor of
Ms. Bourgeois and the children, temporarily prohibiting Ms.
Bazile from having any contact with them and from taking the
children on a cruise or showing up at their events, among
hearing on the request for a permanent injunction was held in
September 2018. Ms. Bourgeois and Ms. Bazile each represented
themselves at the hearing and were the only witnesses.
hearing, Ms. Bourgeois testified that Ms. Bazile had been
harassing her through phone calls, including one in July
2018, when Ms. Bazile called her after court in the custody
case to tell her all the mistakes she was making with her
children, that she did not control her children, and that Ms.
Bazile and Mr. Bourgeois were going to take the children on a
cruise. The parties disputed whether Ms. Bourgeois voiced any
objection to the children going on a cruise at the time. Ms.
Bourgeois stated she told Ms. Bazile that her children could
not go on a cruise without her because she had a fear of them
falling overboard. Ms. Bazile claimed Ms. Bourgeois was
initially supportive of the children going on a cruise and
changed her position later.
regard to the incident at Ms. Bourgeois' home on August
26, 2018, Ms. Bourgeois testified that Ms. Bazile confronted
her and assaulted her when she came home to exchange the
children with her ex-husband, who had apparently already left
at Ms. Bazile's request. According to Ms. Bourgeois, Ms.
Bazile got very irate with her, asked her what she does with
her child support, asked her what she had done with money
earned by her eighteen-year-old son that she was supposed to
be keeping for him, told her that she was a bad mother, and
told her that she does not control her children and that Ms.
Bazile and Mr. Bourgeois would take the children on a cruise
whether Ms. Bourgeois liked it or not.
Bourgeois testified that Ms. Bazile refused to leave when she
told her to leave and backed Ms. Bourgeois up into her front
door with her chest on top of Ms. Bourgeois' chest while
screaming at her, at which point Ms. Bourgeois told her she
was going to call the police. Ms. Bourgeois said Ms. Bazile
replied that she wanted the police to come take her children.
Ms. Bourgeois called the police, but Ms. Bazile left before
they arrived. Ms. Bourgeois testified that Mr. Bourgeois and
Ms. Bazile had put a band-aid over her doorbell camera
"so that . . . it would not record her attacking
that day, Ms. Bazile sent Ms. Bourgeois an email relating her
concerns about the children, saying she only wanted what was
best for them, and expressing her disappointment in how Ms.
Bourgeois responded to her earlier in the day.
Bourgeois introduced in evidence a copy of the police report
she filed concerning the August 26 incident and said she
intends to press charges for simple battery. Ms. Bazile had
not been arrested as of the hearing date.
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