Joshua Fusilier v. State of Texas ex rel. Valencia Annette Galloway

No. 04-25-00125-CV (Tex. App.—San Antonio Mar. 18, 2026) · Texas Court of Appeals, Fourth District, San Antonio · March 18, 2026 · No. 04-25-00125-CV

Summary

The Fourth Court of Appeals of San Antonio, Texas, affirmed a protective order issued against Joshua Fusilier. The court held that legally and factually sufficient evidence supported the trial court’s finding that family violence occurred, based on the complainant’s testimony and related evidence. The court also held that Fusilier’s acquittal in a related criminal proceeding did not require dissolution of the protective order because the criminal and civil proceedings serve different purposes and apply different burdens of proof.

Holdings

  1. The evidence was legally and factually sufficient to support the trial court's finding that family violence occurred and to support the protective order.
  2. An acquittal in a related criminal proceeding does not automatically require dissolution of a protective order based on a family-violence finding.

Questions Presented

  1. Whether the evidence was legally and factually sufficient to support the trial court's finding that family violence occurred.
  2. Whether Fusilier's acquittal in a related criminal proceeding required dissolution of the civil protective order.

Disposition

affirmed

Cases Cited (7)

  • Li v. Pemberton Park Cmty. Assoc., 631 S.W.3d 701, 706 (Tex. 2021)(followed)
  • Horton v. Stovall, 591 S.W.3d 567, 569 (Tex. 2019)(followed)
  • Pena v. Garza, 61 S.W.3d 529, 532 (Tex. App.—San Antonio 2001, no pet.)(followed)
  • Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986)(followed)
  • Roper v. Jolliffe, 493 S.W.3d 624, 634–35, 638 (Tex. App.—Dallas 2015, pet. denied)(followed)
  • Amir-Sharif v. Hawkins, 246 S.W.3d 267, 271 (Tex. App.—Dallas 2008, pet. dism'd w.o.j.)(followed)
  • Murphy v. State, No. 04-25-00068-CR, 2025 WL 3294740, at *1–2 (Tex. App.—San Antonio Nov. 26, 2025, no pet.) (mem. op., not designated for publication)(followed)

Cited In (0)

No citing cases on record yet.

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