Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA520894
`ESTTA Tracking number:
`02/11/2013
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91208668
`Defendant
`George W. Hunt, III
`AMY G MARINO
`WILLIAMS MULLEN
`222 CENTRAL PARK AVENUE, SUITE 1700
`VIRGINIA BEACH, VA 23462-3035
`UNITED STATES
`ip@williamsmullen.com, amarino@williamsmullen.com
`Answer
`Amy G. Marino
`ip@williamsmullen.com, amarino@williamsmullen.com
`/Amy G. Marino/
`02/11/2013
`Answer to Notice of Opposition SLAPWATER.pdf ( 20 pages )(1851669 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Carl Hunt,
`
`V.
`
`George W. Hunt, 111,
`
`Opposer,
`
`Applicant.
`
`\/\/\)\)%\)\)\)&/\2
`
`Opposition No. 91208668
`
`Serial No. 85/583,875
`
`ANSWER TO NOTICE OF OPPOSITION
`
`Pursuant to Federal Rule of Civil Procedure 8(b) and Trademark Rule 2.106, George W.
`
`Hunt, III (“Applicant”), by counsel, hereby answers the Notice of Opposition filed by Carl
`
`Hunt (“Opposer”) against App1icant’s United States Application Serial No. 85/583,875 (the
`
`“Application”) for the mark SLAPWATER (the “Mark”) as follows. The paragraph numbers
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`below correspond to those in the Notice of Opposition. Applicant reserves the right to amend
`
`or supplement this Answer as appropriate.
`
`COUNT 1 — FRAUD AND MISREPRESENTATION
`
`1. Applicant asserts that the allegations of paragraph 1 call for a legal conclusion to which
`
`no response is required; to the extent a response is required, Applicant denies them.
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`2. Applicant admits that the records of the Virginia State Corporation Commission indicate
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`that Registration No. 101148 issued on January 18, 2012. Applicant avers that
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`Registration No. 101148 speaks for itself. Applicant further avers that Registration No.
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`101148 is a logo design and not the mark SLAPWATER. Applicant asserts that the
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`

`
`remaining allegations of paragraph 2 call for a legal conclusion to which no response is
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`required; to the extent a response is required, Applicant denies those allegations.
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`. Applicant lacks knowledge or information sufficient to form a belief as to the truth of the
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`allegations of paragraph 3, and on that basis denies them.
`
`. Applicant admits that a band by the name of Slapwater was founded by Opposer’s
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`brother Kenny Hunt, and that the original members of that band included Thomas
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`Southard, Dave Edwards, Mark Matt, Roger Lett, Carl Hunt, and Kenny Hunt. Applicant
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`avers that the original name of the band was Slapwater Jack from 1971 to 1.973, and the
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`name was shortened to Slapwater in 1973. Applicant further avers that Kenny Hunt at all
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`times controlled and managed all of the business of the band Slapwater Jack/Slapwater
`
`(the “Band”), and controlled and managed the style and content of the Band’s acts until
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`his death in 2007, and that Carl Hunt never managed the business, acted as an agent of
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`the Band, or controlled the style and content of the Band’s acts. Applicant denies the
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`remaining allegations of paragraph 4.
`
`. Applicant denies the allegations of paragraph 5.
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`. Applicant admits that on March 29, 2012, Applicant filed a use—based application for
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`SLAPWATER for “entertainment services, namely live performances by a musical
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`band,” in International Class 41, and that
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`the Application was assigned Serial No.
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`85/583,875 and was published for Opposition in the Official Gazette on August 21, 2012.
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`Applicant denies the remaining allegations of paragraph 6.
`
`. Applicant denies the allegations of paragraph 7.
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`. Applicant admits that it received a letter from the Opposer’s counsel, dated March 6,
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`2012. Applicant avers that the March 6, 2012 letter speaks for itself. Applicant admits
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`

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`that he intends to obtain registration of the mark, SLAPWATER. Applicant denies any
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`allegations made in the March 6, 2012 letter and the remaining allegations of paragraph
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`8.
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`Applicant admits that Carl Hunt was one of the members of the Band. Applicant denies
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`the remaining allegations of paragraph 9.
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`10.
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`Applicant admits the first two sentences of paragraph 10. Applicant admits that the
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`Opposer is pictured in one of the specimens Applicant submitted with the Application.
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`Applicant denies the remaining allegations of paragraph 10.
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`11.
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`Applicant admits that he was not a member of the Band when it began in the 1970s.
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`Applicant avers that he became a member of the Band in 1997, and that Applicant took
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`over the control and management of the Band and the style and content of the Band’s acts
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`in 2007, after Kenny Hunt died, when a majority of the Band members, including the
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`Opposer, voted and decided for Applicant to do so. Applicant denies the remaining
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`12.
`
`13.
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`14.
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`15.
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`16.
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`17.
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`allegations of paragraph 1 1.
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`Applicant denies the allegations of paragraph 12.
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`Applicant denies the allegations of paragraph 13.
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`Applicant denies the allegations of paragraph 14.
`
`Applicant denies the allegations of paragraph 15.
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`Applicant admits the allegations of paragraph 16.
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`Applicant asserts that paragraph 17 does not set out any allegations to which any
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`response is required;
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`to the extent a response is required, Applicant avers that the
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`attached evidence speaks for itself and denies any remaining allegations in paragraph 17
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`or in the attached evidence.
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`

`
`COUNT II- LIKELIHOOD OF CONFUSION
`
`Applicant incorporates herein its responses to paragraphs 1 through 17.
`
`18. Applicant denies the allegations of paragraph 18.
`
`19. Applicant denies the allegations of paragraph 19.
`
`AFFIRMATIVE DEFENSES
`
`1. The Opposition fails to state a claim upon which relief can be granted.
`
`2. Opposer fails to state a claim upon which relief can be granted, because,
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`inter alia
`
`Applicant owns the rights to the band name and Mark, SLAPWATER by virtue of his
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`and his predecessor, Kenny Hunt’s use of the Mark in commerce and control of the style,
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`content, and quality of the goods and services that the public has come to associate with
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`the Mark, and Opposer has never owned the Mark.
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`3. There is no likelihood of confusion, mistake or deception as a result of Applicant’s
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`registration or continued use of the Mark, because, inter alia, Applicant owns all rights to
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`the band name and Mark, SLAPWATER.
`
`4. There is no likelihood of confusion, mistake or deception as a result of Applicant’s
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`registration or continued use of the Mark, because,
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`inter alia, Applicant and his
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`predecessor, Kenny Hunt have at all times controlled the style, content, and quality of the
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`goods and services that the public has come to associate with the Mark.
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`5. There is no likelihood of confusion, mistake or deception as a result of Applicant’s
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`registration or continued use of the Mark, because, inter alia, Opposer has not used the
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`Mark, the name SLAPWATER, the mark that is the subject of Virginia State Registration
`
`No. 101148 (the “Logo”), or any confusingly similar variation thereto in connection with
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`any goods or services.
`
`

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`6.
`
`In the alternative to Applicant’s defense in paragraph 5 of these affirmative defenses, to
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`the extent that Opposer has used the Mark, the name SLAPWATER, the Logo, or any
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`confusingly similar variation thereto in connection with any goods and services,
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`Applicant has priority of use and ownership of the Mark.
`
`There is no likelihood of confusion, mistake or deception as a result of Applicant’s
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`registration or continued use of the Mark, because, inter alia, Opposer does not have any
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`rights in the Mark, the name SLAPWATER, or the Logo, because Opposer has never
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`controlled the style, content, and quality of the goods or services that
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`the public
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`associates with the Mark, the name SLAPWATER, or the Logo.
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`Opposer has unclean hands, because Opposer has never used the Mark,
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`the name
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`SLAPWATER, or the Logo, or controlled the style, content, and quality of the goods or
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`services that the public associates with the Mark, the name SLAPWATER, or the Logo,
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`and has accordingly never owned the Mark, the name SLAPWATER, or the Logo, or
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`similar variations thereof.
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`Opposer has unclean hands because Opposer filed Virginia State Registration No. 101148
`
`for the Logo and a business registration for Slapwater, LLC, with knowledge that
`
`Applicant and his predecessor, Kenny Hunt, at all times controlled the style, content, and
`
`quality of the goods and services that the public has come to associate with the Mark, the
`
`Logo, and the trade name, SLAPWATER, and that Applicant therefore owns the Mark,
`
`the Logo, the name SLAPWATER, and similar variations thereof.
`
`10.
`
`Opposer has unclean hands because Opposer filed Virginia State Registration No. lOl 148
`
`for the Logo and a business registration for Slapwater, LLC,
`
`in January 2012, with
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`knowledge that Opposer did not own the rights to the Logo or the name SLAPWATER,
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`

`
`after Opposer was asked to discontinue performing with the Band, by a majority vote of
`
`the Band members in December 2011, and after Applicant obtained temporary restraining
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`orders against Opposer in January, 2012, that are in effect until January, 2014. See
`
`Exhibit A, copies of temporary restraining orders in Newport News General District
`
`Court, dated 12/22/2011, 01/03/2012, and 01/04/2012.
`
`ll.
`
`Opposer committed fraud and deceit because Opposer knowingly made a false, material
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`misrepresentation with the intent to deceive the Virginia State Corporation Commission,
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`when he filed a Virginia State trademark application for the Logo and a business
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`registration for Slapwater, LLC, stating that Opposer owns the Logo and the trade name,
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`SLAPWATER, with knowledge that Opposer does not own the Logo or the name
`
`SLAPWATER.
`
`12.
`
`Opposer committed fraud and deceit because Opposer knowingly made a false, material
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`misrepresentation with the intent to deceive the U.S. Patent & Trademark Office, when
`
`he filed this Notice of Opposition, stating that Opposer owns the Logo and the trade
`
`name, SLAPWATER, with knowledge that Opposer does not own the Logo or the name
`
`13.
`
`14.
`
`SLAPWATER.
`
`The Mark is registrable on the Principal Register.
`
`Applicant will rely on any and all properly provable affirmative defenses developed from
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`discovery and further investigation, including but not limited to unclean hands, laches,
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`estoppel, acquiescence, abandonment, fraud, mistake, prior judgment, or any other matter
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`constituting an avoidance or affirmative defense. Applicant reserves the right to amend
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`this pleading to conform thereto.
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`

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`By stating the above affirmative defenses, Applicant does not assume any burden of
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`proof beyond what is required by the federal trademark laws, 15 U.S.C. § 1051 et seq.
`
`

`
`WHEREFORE, Applicant
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`requests that
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`the Notice of Opposition be denied,
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`that
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`judgment be entered in favor of Applicant, and for all other relief to which it
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`is justly
`
`entitled.
`
`George W. Hunt, III, Applicant
`
`
`
`
`Am G. Marino, Esq.
`Virginia State Bar No. 71236
`William R. Poynter, Esq.
`Virginia State Bar No. 48672
`Williams Mullen
`
`222 Central Park Avenue, Suite 1700
`Virginia Beach, Virginia 23462
`amarino@wi1liamsmullen.com
`(757) 499-8800
`
`Counselfor Applicant
`
`Date: February 11,2013
`
`By:
`
`#20307367
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 11th day of February, 2013, the foregoing ANSWER TO
`NOTICE OF OPPOSITION was delivered by electronic and certified mail, postage prepaid, to
`the following:
`
`Deidre McAuley Davis
`McAuley and Associates PLLC
`11742 Jefferson Avenue, Suite 360
`Newport News, Virginia 23606
`dlm@mcauleyassociates.com
`757.223.1513
`
`Counselfbr Opposer
`
` 1. Marine, Es
`
`Virginia State Bar No. 71
`William R. Poynter, Esq.
`Virginia State Bar No. 48672
`Williams Mullen
`
`222 Central Park Avenue, Suite 1700
`Virginia Beach, Virginia 23462
`amarino@wil1iamsmul1en.corn
`(757) 499-8800
`
`Counselfor Applicant
`
`

`
`EMERGENCY PROTECTIVE ORDER
`Commonwealth of Virginia Va. Code § l9.2—152.8
`
`Court Case No.
`
` [X] General District Court
`] Circuit Cou
`[
`......................................................................................................... .. [
`] Juvenile and Domestic Relations District
`
`
`PETITIONER/ALLEGED VICTIM
`
`DATE OF BIRTH OF ALLEGED VICTIM
`
`EXHIBIT
`
`HUNT, GEORGE W.
`
`III
`
`FIRST
`
`LAST
`
`MIDDLE
`
`I 06/21/1971
`
`I
`
`
`V.
`
`RESPONDENT
`
`RESPONDENT IDENTIFIERS (IF KNOWN)
`-
`I
`BORN
`.
`
`WGT.
`
`EYES
`
`HAIR
`
`HUNT, CARL WENDELL
`LAST
`FIRST
`
`MIDDLE
`
`206 LOCH CIRCLE
`RESPONDENTS ADDRESS/LOCATION
`
`] CAUTION: Weapon Involved
`
`..........................................................................
`
`[
`
`MO
`
`DAY
`
`YR‘
`
`‘
`
`l0/23/1949
`
`245
`
`BRO BLK
`
`REQUEST FOR EMERGENCY PROTECTIVE ORDER
`To the individual reguesting the order: Please provide information on alleged victim and other requested protected persons on form
`D062 1, NON-DISCLOSURE ADDENDUM.
`
`I, the undersigned, assert under oath that the alleged victim is being or has been subjected to an act of violence, force, or threat, specifically:
`ON 12-16-2011, THE ACCUSED WAS TERMINATED FROM THE BAND "SLAPP WATER". HE IS A FAMILY MEMBER AND STATED THAT HE
`COULD NOT BE FIRED AND WOULD SHOW AT ALL PERFORMANCES. HE BECAME PHYSICAL AT THAT TIME. VICTIM IS AFRAID FOR HIS
`SAFETY AND THE SAFETY OF THE BAND
`] extension of an emergency protective order. In the case of a request for extension, I certify that
`Therefore, I respectfully request the [X] issuance [
`the person in need of protection is physically or mentally incapable of filing a petition pursuant to Virginia Code § 192- 152.9 or 19.2-152.10.
`
`..........................................................................................................
`LAW ENFORCEMENT OFFICER'S NAME, BADGE, CODE NO. AND AGENCY
`
`See Original for Signature
`PC] PETITIONER/ALLEGED VICTIM
`[
`] LAW ENFORCEMENT OFFICER
`
`.....1.2K.1.9{Z.Ql.l.........
`DATE
`
`Subscribed and sworn to before me this day [X] in person [
`(If oath ta.ken by electronic communication, print
`or type name ofjudge or magistrate taking oath.)
`B. C. Mahady
`
`] by electronic communication
`
`1 1
`DATE
`
` pt] MAGISTRATE
`
`EMERGENCY PROTECTIVE ORDER
`
`Based on the above assertion and other evidence, I find that (if checked below):
`[X] There is probable danger of a further act of violence, force, or threat being committed by the Respondent
`against............................................................................................................. the alleged victim; OR
`] A [
`] warrant [
`] petition has been issued charging the Respondent with a criminal offense resulting from the commission of an act of
`violence, force, or threat as defined in Va. Code § l9.2—152.7: 1.
`
`[
`
`] denied [X] granted and ORDERED that the Respondent shall observe the following conditions:
`It is ORDERED that the request is hereby [
`[X] The Respondent shall not commit acts of violence, force, or threat or criminal offenses resulting in injury to person or property.
`
`[X]
`
`In order to protect the safety of the alleged victim or the alleged victim's family or household members, the Respondent shall have no
`
`contact of any kind with HUNT, GEORGE W. III
`7
`3
`
`7
`
`[
`
`] except as follows: ............................................................................................................................................................................................................................... ..
`
`[X] It is fiirther ordered that NO CONTACT OF ANY KIND
`
`[
`
`This Order is issued on
`
`THIS ORDER EXPIRES ON
`
`............ at 11:59 p.m.
`
`] Supplemental Sheet to Protective Order, Form DC-653, attached and incorporated by reference. Number of supplemental pages ........................ ..
`.....1.%K.I.2{%.9.I.l..9§.i9§..EM..............
`DATE
`
`DATE RESPONDENT: SEE WARNINGS ON REVERSE
` [X] MAGISTRATE
`
`(Print or type name ofjudge or magistrate if oral order
`is reduced to writing by the law enforcement officer.)
`B. C. Mahady
`
`VERIFICATION:
`I have verified this order.
`..l.2/ 1
`] IUDGE
`[X] MAGISTRATE
`
` EPO: 7(I1GM1100017108 3- C Mahady FORM DC-382 (FRONT) 07/11
`
`

`
`DEFINITION OF TERMS USED IN THIS ORDER
`
`“Family or household member” means (i) the person’s spouse, whether or not he or she resides in the same home with the person, (ii)
`the person's former spouse, whether or not he or she resides in the same home with the person, (iii) the person’s parents, stepparents,
`children, stepchildren, brothers, sisters, half—brothers, half-sisters, grandparents and grandchildren regardless of whether such persons
`reside in the same home with the person, (iv) the person’s mother—in—law, father—in—1aw, sons-in—law, daughters—in-law, brothers—in-law
`and sisters-in-law who reside in the same home with the person, or (v) any individual who has a child in common with the defendant,
`whether or not the person and that individual have been married or have resided together at any time, or (vi) any individual who
`cohabits or who, within the previous twelve (12) months, cohabitated with the person, and any children of either of them residing in
`the same home with the person.
`
`A “law—enforcement officer” means any full—time or part~time employee of a police department or sheriffs office which is part of or
`administered by the Commonwealth or any political subdivision thereof, and who is responsible for the prevention and detection of
`crime and the enforcement of the penal, traffic or highway laws of this Commonwealth. Part-time employees arecompensated
`officers who are not full—time employees as defined by the employing police department or sheriff’ s office.
`
`“Act of violence, force, or threat” means any act involving violence, force, or threat that results in bodily injury or places one in
`reasonable apprehension of death, sexual assault, or bodily injury. Such act includes, but is not limited to, any forceful detention,
`stalking, criminal sexual assault in violation of Article 7 (§ 18.2-61 et. seq.) of Chapter 4 of Title 18.2, or any criminal offense that
`results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury.
`
`This order will be entered into the Virginia Criminal Information Network. Either party may at any time
`file a motion with the court requesting a hearing to dissolve or modify this order; however, this order
`remains in full force and effect unless and until modified by the court.
`
`WARNING TO RESPONDENT:
`
`PURSUANT TO § 18.2~308.1:4, YOU SHALL NOT PURCHASE OR TRANSPORT ANY FIREARM WHILE THIS ORDER
`IS IN EFFECT. IF YOU HAVE A C ONCEALED HANDGU_N PERMIT, YOU MUST IMMEDIATELY SURRENDER
`THAT PERMIT TO THE COURT ISSUING THIS ORDER.
`
`IF YOU VIOLATE THE CONDITIONS OF THIS ORDER, YOU MAY BE SENTENCED TO JAIL AND/OR ORDERED
`TO PAY A FINE.
`
`FORM DC~382 (REVERSE, PAGES TWO AND THREE) 07/1 1
`
`

`
`PETITION FOR PROTECTIVE ORDER
`
`Case No. ............................................................................. ..
`
`‘Commonwealth of Virginia
`
`Va. Code §§ 19.2-152.9; 19.2-152.10
`
`Hearing Date and Time ................................................ ..
`
`.............................................................................................................................................. ..
`
`[
`[
`
`] Circuit Court
`[
`] General District Court
`] Juvenile and Domestic Relations District Court
`
`SUMMONS FOR HEARING
`TO ANY AUTHORIZED OFFICER: Summon the Respondent as provided below:
`TO THE RESPONDENT: You are commanded to appear before this Court on ................................................................................................. ..
`DATE AND TIME
`
`at ....................................................................................................................................................................................................... .. for a hearing on this Petition.
`NAME AND ADDRESS or COURT
`
`I DEPUTY CLERK
`
`[
`
`I CLERK
`
`f
`
`TO THE PETITIONER: Please provide your information
`on form DC—621, NON—DISCLOSURE ADDENDUM.
`REs1>oNDENr's DESCRIPTION (if KNOWN
`
`DRIVER'S LICENSE No.
`
`
`
`........................................................
`P“”‘°”E“
`V’
`
`...................................................
`
`Telephone no.
`
`.................................. ..
`
`..................................... ..
`
`The undersigned Petitioner respectfully represents to the court that:
`1. A [
`] warrant [
`] petition has been issued charging the Respondent with a criminal offense resulting from the commission of an
`act of violence, force, or threat; OR
`2. The Respondent is committing or, within a reasonable time, has committed an act of violence, force, or threat,
`
`specifically:
`
`.......................................................................................................................................................................................................................................... ..
`
`......................................................................................................................................................................
`.
`[..
`PETITIONER, THEREFORE, RESPECTFULLY REQUESTS that [
`] a preliminary order of protection [
`] an order of protection be
`issued and that such order impose the following conditions on the Respondent and such other conditions as the judge deems
`appropriate as allowed by law:
`[
`] Prohibiting acts of violence, force, or threat or criminal offenses that may result in injury to person or property.
`[
`] Prohibiting such other contact with the Petitioner as the judge deems necessary for the health and safety of the Petitioner.
`[
`] Prohibiting such other contact with the Petitioner’s family or household members named below, as the judge deems necessary for
`their health and safety. (Please provide on form DC-621, NON-DISCLOSURE ADDENDUM, the date of birth, gender, and race for
`...........................................................................................................
` NAMES OF FAMILY OR HOUSEHOLD MEMBERS
`
`each family or household member listed.)
`
`[
`
`] Such other conditions as the judge may deem necessary to prevent acts of violence, force or threat, criminal offenses resulting in
`injury to person or property, or communication or other contact of any kind by the Respondent, namely:
`
`DATE
`
`ATTORNEY'S ADDRESS AND TELEPHONE NUMBER
`
`PETITIONER
`
`PEl'lTIONER‘S ATTORNEY
`
`(When attested, this Petition shall also be an affidavit of the facts as stated in the Petition.) Sworn to and affirmed before me this
`
`........................ .. day of
`
`20
`
`[
`[
`
`] CLERK
`[
`] INTAKE OFFICER (JUVENILE oNL)9
`] NOTARY PUBLIC My commission expires:
`Notary Registration No.
`.............................................. ..
`
`DATE AND TIME FILED
`
`[
`
`] CLERK
`
`[
`
`] DEPUTY CLERK
`
`TO THE PETITIONER: You are summoned to appear in this court on
`
`[ ]DEPUTY CLERK
`
`[ ]CLERK
`
`FORM DC-383 (MASTER, PAGE ONE OF TWO) 07/ll
`
`

`
`RETURNS: Each person was served according to law, as indicated below, unless not found.
`
` RESPONDENT:
`PETITIONER: (See form DC-621, NON~DISCLOSUR.E
`
`ADDENDUM)
`
`
`
`Name:
`
`..............................................................................................
`
`[
`
`] PERSONAL sERvIcE
`
`[
`
`] PERSONAL SERVICE
`
`Being unable to make personal service, a copy was
`delivered in the following manner:
`[
`] Delivered to family member (not temporary
`sojoumer or guest) age 16 or older at usual place of
`abode of party named above after giving information
`of its purport. List name, age of recipient, and
`
`Being unable to make personal service, a copy was
`delivered in the following manner:
`[
`] Delivered to family member (not temporary
`sojoumer or guest) age 16 or older at usual place of
`abode of party named above after giving information
`of its purport. List name, age of recipient, and
`relation of recipient to party named above.
`
`
`
`
`relation of recipient to party named above.
`
`
`
`
`
` SERVING OFFICER
`
`[
`
`] Posted on front door or such other door as appears to
`be the main entrance of usual place of abode, address
`listed above. (Other authorized recipient not found.)
`
`[
`
`] Posted on front door or such other door as appears to
`be the main entrance of usual place of abode, address
`listed above. (Other authorized recipient not found.)
`
`SERVING OFFICER
`
`
`“Family or household member” means (i) the person’s spouse, whether or not he or she resides in the same home with the
`person, (ii) the person’s former spouse, whether or not he or she resides in the same home with the person, (iii) the
`person’s parents, stepparents, children, stepchildren, brothers, sisters, half—brothers, half—sisters, grandparents and
`grandchildren regardless of whether such persons reside in the same home with the person, (iv) the person’s mother—in-
`law, father—in—law, sons~in—law, daughters-in-law, brothers-in~law and sisters-in—law who reside in the same home with the
`person, or (V) any individual who has a child in common with the defendant, whether or not the person and that individual
`have been married or have resided together at any time, or (vi) any individual who cohabits or who, within the previous
`twelve (12) months, cohabitated with the person, and any children of either of them residing in the same home with the
`person.
`
`“Act of violence, force, or threat” means any act involving violence, force, or threat that results in bodily injury
`or places one in reasonable apprehension of death, sexual assault, or bodily injury. Such act includes, but is not
`limited to, any forceful detention, stalking, criminal sexual assault in violation of Article 7 (§ 18.2-61 et. seq.)
`of Chapter 4 of Title 18.2, or any criminal offense that results in bodily injury or places one in reasonable
`apprehension of death, sexual assault, or bodily injury.
`
`DRAFT l)C—383 (MASTER, PAGE TWO OF TWO) O7/ll
`
`

`
`PROTECTIVE ORDER
`Comnonwcalth of Virginia
`VA‘ COD“ 192-15210
`
`......................................................
`
`Case No.
`
`GV12'00-'36
`............................................................................
`[X] General District Court
`[
`] Circuit Court
`[
`] Juvenile and Domestic Relations District Court
`
`[
`
`] Amended Protective Order
`
`[
`
`] Extension of Protective Order
`
`[
`
`] Conviction for Violation of Protective Order
`
`PETITIONER
`
`PETITIONER’S DATE OF BIRTH
`
`L
`
`LAST
`
`HUNT, GEORGE W; lll
`
`FIRST
`
`MJDDLE
`
`J
`
`06/21/1971
`
`1
`
`And on behalf of minor family or household member(s):
`(list each name and date of birth)
`
`Other protected family or household members:
`(list each name and date of birth)
`
`V.
`
`RESPONDENT
`
`RESPONDENT IDENTIFIERS (IF KNOWN)
`RACE
`srzx
`BORN
`HT.
`
`wor.
`
`EYES
`
`HAIR
`
`LAST
`
`HUNT, CARL WENDELL
`
`FIRST
`
`MIDDLE
`
`B
`
`Mo.
`
`M ml
`
`SSN
`
`DAY
`
`YR‘
`
`23 ‘L49
`
`FT.
`
`5
`
`m_
`
`11
`
`245
`
`BR
`
`BK
`
`...........................................
`
`RESPONDENT,S ADDRESS
`
`HAMPTON, VA 23669
`
`DRIVER'S LICENSENO.
`
`
`[STATE
`
`EXP.
`
`
`
`[ ] CAUTION: Weapon Involved
`
`THE COURT FINDS that it has jurisdiction over the partiesand subject matter, that the Respondent was given reasonable notice and an
`opportunity to -be heard, and that
`
`[
`
`[
`
`]
`
`] petition has been issued charging the Respondent with a criminal offense resulting from the commission of an act
`] warrant [
`‘A [
`of violence, force, or threat as defined in Va. Code § 19.2—152.7:1, OR
`
`] The Respondent has been convicted of
`[
`] a criminal offense resulting from the commission of an act of violence, force, or threat as defined in Va. Code § 19.2-152.711.
`[
`] a violation of a protective order pursuant to Va. Code § l8.2—60.4, OR
`
`W A full hearing on the petition for a protective order has been held pursuant to Va. Code § l9.2—l52.9(D), OR
`[
`] A hearing has been held pursuant to Va. Code § 192-152. 10(B) on a motion to extend a protective order.
`Accordingly, to protect the health and safety of the Petitioner and family or household members of the Petitioner,
`THE COURT ORDERS that:
`
`The Respondent shall not commit acts of violence, force, or threat or criminal offenses that may result in injury to person or property.
`
`[)0 The Respondent shall have no contact of any kind with the Petitioner
`
`[
`
`] except as follows: ............................................................................................................................................................................................................................ ..
`
`Dd The Respondent shall have no Contact of any kind with the family or household members of the Petitioner named above
`[
`] except as follows:
`
` rninlgsl
`
`notices to Respondent on page two.
`
`':\1§~’:v':-r'
`.". ac‘:
`'.‘.-
`
`.' V?“
`V,
`‘“i.'‘’*
`
`FORMnclaswgfisran.PAGEONEorTwo)io'7/i1i
`
`I
`
`C
`
`V1
`
`

`
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`
`

`
`RETURNS: 1 Each person was served according to law, as indicated below, unless not found.
`RESPONDENT:
`PETITIOl\‘ER-. (See form DC-621, NON-DISCLOSURE ADDENDUM)
`
`NAME
`
`
`
`NAME ......
`
`ADDRESS
`
`l
`1
`
`PERSONAL SERVICE
`
`NUMBER
`TELEPHONE
`
`‘Q PERSONAL SERWCE
`
`'
`
`for
`
`/2 WW
`
`G OFFJCER
`
`[
`
`] NOTFOUND
`
`RESPONDENT’S DESCRIPTION (for VCIN entry):
`RACE ....
`...................
`SEX
`
`.
`
`,3-;,~;.;_T§$Y THAT ‘VH2. BOCU iéigzga 88 A mug
`g
`r=-
`«-
`"areas AF
`.. . ..
`,
`flJTH:lԤl'l{-All
`.,_I .§
`«Eggs F’5=t:‘~V§'S=
`
`
`s~1t=.cos=tt.=.A?<!3
`J _
`
`":9 an-ismWE‘
`
`
`
` Relationship to Petitioner/Plaintiff ........
`
`Distinguishing features ................................
`
`
`
`WARNTNGS TO RESPONDENT: Pursuant to Code of Virginia § 18.2—308.1:4, Respondent shall not purchase or transport any
`firearm while this order is in effect. If Respondent has a concealed handgun permit, Respondent must immediately surrender that
`permit to the court issuing this order. If Respondent violates the conditions of this order, Respondent may be sentenced to jail and/or
`ordered to pay a fine. This order will be entered into the Virginia Criminal Information Network. Either party may at any time file a
`motion with the court requesting a hearing to dissolve or modify this order; however, this Order remains in full force and effect unless and
`until dissolved or modified by the court. Only the court can change this Order.
`
`Federal Offenses: Crossing state, territorial, or tribal boundaries to violate this order may result in federal imprisonment (18 U.S.C.
`§ 2262). Federal law provides penalties for possessing, transporting, shipping or receiving any firearm or ammunition while subject to a
`qualifying protective order and under the circumstances specified in 18 U.S.C. § 922(g)(8).
`
`Full Faith and Credit: This order shall be enforced, even without registration, by the courts of any state, the District of Columbia, and
`any U.S. Territory, and may be enforced on Tribal Lands (18 U.S.C. § 2265).
`
`DEFINITIONS:
`
`“Family or household member” means (i) the person’s spouse, whether or not he or she resides in the same home with the person, (ii) the
`person’s former spouse, whether or not he or she resides in the same home with the person, (iii) the person’s parents, stepparents,
`children, stepchildren, brothers, sisters, half—br0thers, half—sisters, grandparents and grandchildren regardless of whether such persons
`reside in the same home with the person, (iv) the person’s mother—in~law, father—in-law, sons—in~law, daughters-in-law, brothers-in-law
`and sisters—in—law who reside in the same home with the person, or (V) any individual who has a child in common with the defendant,
`whether or not the person and that individual have been married or have resided together at any time, or (vi) any individual who cohabits
`or who, within the previous twelve (12) months, cohabitated with the person, and any children of either of them residing in the same home
`with the person.
`
`“Act of violence, force, or threat” means any act involving violence, force, or threat that results in bodily injury or places one in
`reasonable apprehension of death, sexual assault, or bodily injury. Such act includes, but is not limited to, any forceful detention,
`stalking, criminal sexual assault in violation of Article 7 (§ 18.2—61 et. seq.) of Chapter 4 of Title 18.2, or any criminal offense that results
`in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury.
`
`FORM DC-385 (MASTER, PAGE TWO OF TWO) 07/l l
`
`

`
`PRELIMINARY PROTECTIVE ORDER
`
`Case No.
`
`GVllO29835—00
`................................................................................... ..
`
`Hearing Date and Time: ........... ..l.%i%9i%9,l.l...l}§9.PM...... ..
`Commonwealth of Virginia
`4
`[X] General District Court
`[
`] Circuit Court
`[
`] Extension of Preliminary
`....................
`[
`] Juvenile and Domestic Relations District Court
`Protective Order
`
`
`VA. CODE § 19.2~152.9
`
`3 HUNT, GEORGE w; 111
`
`l
`
`LAST
`
`’
`
`PETITIONER
`
`PETITIONER’S DATE OF BIRTH
`
`FIRST
`
`MIDDLE
`
`I
`
`I
`
`06/21/1971
`
`And o