In In re J.A.T., No. 13-04-00477-CV, 2005 WL 1981497 (Tex. App.--Corpus Christi Aug. 18, 2005, no pet.) the court of appeals stated that the "evidence in the record shows that on June 11, 2004, during the exchange of the minor child, appellant pulled appellee, Jessica Alise Pena, toward him when she had the child in her arms, which resulted in the child being pulled between the two parties.
"Assuming without deciding that this action constituted 'family violence,' the record contains no evidence that family violence 'is likely to occur in the future.'" Id.
"Because appellee failed to establish the second element required by section 85.001(a) of the family code, we hold the evidence is legally insufficient to support the trial court's protective order." Id.