Judge sets aside restraining order in Daleville school dispute, finds ‘no credible threat’

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By Jeff Devine, Dale County Chronicle

A court has set aside a temporary restraining order involving Daleville City Schools Superintendent Joshua Robertson after determining that a message at the center of the case did not constitute a credible threat, according to a written order issued following a hearing in Houston County.

The case stems from a dispute between Robertson and a parent and booster club president, Frank Sanders, who sent a text message that initially raised alarm due to language referencing violence. Robertson previously testified that the message caused fear for his safety and that of his family, prompting legal action and involvement from law enforcement.

However, in an order issued after the April 28 hearing, Circuit Judge Henry “Butch” Binford found the parent’s explanation credible, stating the message was the result of a voice-to-text error.

“The defendant contends that he did not use the word ‘shoot’… and instead used the word ‘sue,’ and that the voice text feature erroneously interpreted his message,” the order states. “Based on the evidence presented, the court finds the defendant’s contention to be credible.”

The order further notes that recordings captured at the time the message was created support that claim, stating they “reflect that the defendant repeatedly made known his intent to ‘sue’ the plaintiff… and at no time threatened to ‘shoot’ the plaintiffs or any other persons.”

The judge also emphasized that the parent quickly attempted to correct the message, writing that “twenty-seven minutes after sending the original text message… [the defendant] sent another text message stating that he intended to sue the plaintiffs and others and that he never intended to use the word ‘shoot.’”

Based on those findings, the court concluded the defendant “never threatened to commit physical harm of any kind upon any schools, teachers, students, or administrators.”

Law enforcement was notified immediately, specifically the Daleville Police Department, but the order states “no prosecution is pending and no arrests have been made” in connection with the incident.

As a result, the court ruled that “the temporary restraining order previously entered herein is set aside,” and that “the plaintiffs’ request for a preliminary injunction is denied at this time.”

The case was heard in Houston County after local judges in Dale County recused themselves, moving proceedings out of Daleville. Sara Elizabeth Matthews-Hile, an attorney with the Matthews Law Firm in Ozark, represented the parent in the court proceedings.

The Dale County Chronicle conducted an interview with the attorney, and she expressed satisfaction with the results of the court hearing.

“We are pleased that the Order entered against Mr. Frnk Sanders has been set aside,” Matthews-Hile stated. “I want to thank the other parent who recorded this entire incident, as well as the Daleville Police officers who investigated this case,” she added.

“Judge Binford’s order clearly and unequivocally clears Mr. Sanders of threatening anyone,” she concluded.

The Dale County Chronicle investigated this case over the past several days and obtained recordings of the conversations in question. As we previously reported, Sanders could clearly be heard saying he planned to “sue” Robertson and other school officials and never used any violent language or threats. A link to our YouTube page, which includes an audio recording of when Sanders used voice-to-text to message Robertson, along with a transcript, is provided by clicking here.

While the court found no credible threat, the order did point to ongoing disputes between the parties. It noted “ample testimony presented of ongoing difficulties and disagreements” related to school matters, including the parent’s involvement with a booster club and concerns about the treatment of the parent’s child.

The court also cautioned that repeated visits to the superintendent’s office could become problematic, stating that “repeated and unnecessary visits… could be construed as harassment and could interfere with the proper functioning” of the office.

The order warns that such conduct could be addressed later in the case and “could result in the court entering a permanent injunction broad enough to curtail such improper conduct.”

A final hearing has been scheduled for July 20, 2026, at 9:00 a.m. in the Houston County Courthouse.

The case underscores the challenges schools face in responding to perceived threats, while also highlighting how technology, such as voice-to-text messaging, can lead to serious misunderstandings.


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