FROM THE THIRTY-THIRD JUDICIAL DISTRICT COURT PARISH OF
ALLEN, NO. C-2019-062 HONORABLE ERROL DAVID DESHOTELS, JR.,
P. Roy Brandon J. Scott Benjamin D. James COUNSEL FOR
DEFENDANT/APPELLANT: James A. Bettevy
Faye Bettevy In Proper Person
composed of Sylvia R. Cooks, Billy Howard Ezell, and John E.
HOWARD EZELL JUDGE.
case arises under the Domestic Abuse Assistance Act found in
La.R.S. 46:2131 to 46:2140. James Bettevy appeals a judgment
of the trial court granting a permanent order of protection
in favor of his former spouse, Erica Bettevy. The issues on
appeal are whether the trial court erred in admitting the
entire record from a "Gwen's Law" hearing and
in not dismissing the petition for protection from abuse for
lack of specificity.
filed a petition for protection from abuse by James on
February 6, 2019. In her petition, Erica alleged that James
stopped her in Oakdale and threatened her if she continued to
proceed with the property settlement following their divorce.
When she told him no, he raised a gun to shoot at her. A
witness drove up behind them and called 911. Erica further
alleged that this was not the first time he threatened her.
She also stated she was in possession of a recording of James
abusing her and her children in which he stated he would kill
her and burn down her house with her in it. Erica also
referred to some stalking pictures.
time the petition was filed, James was in the Allen Parish
jail. He had been arrested for the incident that was the
basis for the petition for protective order. A temporary
order of protection was entered on the day the petition was
filed and became effective until February 20, 2019.
to La.R.S. 46:2135(B), a hearing was held on February 20,
2019 to determine whether a permanent protective order should
be issued. At the hearing, Erica represented herself and
James was represented by private counsel. The trial court
noted that a "Gwen's Law" hearing concerning
the incident at issue was conducted on December 3, 2018, and
accepted those proceedings by reference. Counsel for James
objected to the admission of the entire proceedings. Erica
also testified at the hearing for the protective order.
the hearing, the court held that there was sufficient
evidence to grant the order of protection, which was
effective until July 28, 2020. James then filed the present
first claims that the trial court erred in admitting the
entire evidentiary record from the "Gwen's Law"
hearing. He claims that this evidence goes well beyond the
scope of the allegations set forth in the protective order.
first observe that the record from the "Gwen's
Law" proceeding was not part of the record on appeal.
James did attach the ...