Opinion
No. 04-06-00871-CV
Delivered and Filed: September 12, 2007.
Appeal from the 166th Judicial District Court, Bexar County, Texas, Trial Court No. 2006-CI-13788, Honorable David A. Berchelmann, Jr., Judge Presiding.
Sitting: ALMA L. LÓPEZ, Chief Justice, Sandee BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice.
MEMORANDUM OPINION
Carolyn Miller-McIntosh filed an ex parte application for protective order against her common-law husband David Ray McIntosh. At the conclusion of the hearing on the application, the trial court made an affirmative finding of family violence and issued the protective order for a period of two years. Both Carolyn and David (collectively, "appellants") now appeal that order.
Carolyn's affidavit, attached to the application, alleged physical violence by David against her and her mother spanning a period of two years.
On appeal, Carolyn asserts she informed the Bexar County District Attorney's Office that she did not want to proceed with the protective order and she submitted a new affidavit stating she initiated the confrontation with David and she was injured after he left the room. According to Carolyn, the District Attorney's Office refused to give the new affidavit to the trial court. None of Carolyn's assertions are supported by the clerk's record on appeal. Despite an order from this court directing appellants to designate and pay for or make arrangements to pay for a reporter's record, they failed to do so. As a result, appellants filed their brief without benefit of a reporter's record. See Tex. R. App. P. 37.3(c). This court may not consider allegations outside the record. See Whitehead v. State, 130 S.W.3d 866, 872 (Tex.Crim.App. 2004). Additionally, because appellants' arguments are inadequately briefed, their argument is not preserved for appellate review. State v. Mason, 980 S.W.2d 635, 641 n. 3 (Tex.Crim.App. 1998).
On appeal, David does not dispute the allegations of family violence.
Accordingly, we overrule appellants' issue on appeal and affirm the trial court's judgment.