Form 17-16

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Motion for Enforcement of Protective Order

This Motion for Enforcement of Protective Order is brought by [name of movant], Movant. [The last three numbers of Movant’s driver’s license number are [numbers]./Movant has not been issued a driver’s license.] [The last three numbers of Movant’s Social Security number are [numbers]./Movant has not been issued a Social Security number.]

1.Discovery in this case is intended to be conducted under [level 2/level 3] of rule 190 of the Texas Rules of Civil Procedure. [If level 3, see form 5-1.]

Preservation of Evidence: Respondent is put on notice to preserve and not destroy, con­ceal, or alter any evidence or potential evidence relevant to the issues in this case, including tangible documents or items in Respondent’s possession or subject to Respondent’s control and electronic documents, files, or other data generated by or stored on Respondent’s home computer, work computer, storage media, portable systems, electronic devices, online reposi­tories, or cell phone.

2.Movant objects to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial.

3.This Court has continuing, exclusive jurisdiction of this case as a result of prior proceedings.

3.A motion to transfer under section 85.064 of the Texas Family Code has been filed with the Court simultaneously with this motion.

3.[Movant/Respondent] lives in this county.

3.A violation of the order alleged in this motion occurred in this county.

4.Respondent is [name of respondent], and [he/she] resides at [address, city, state, zip code]]. Process should be served on [him/her] at this address.

5.On [date], in Cause No. [number], styled “[style of case],” in the [designation] Court of [county] County, the Court signed a protective order that appears in the minutes of the Court and states in relevant part as follows: [quote the exact language of the order to be enforced].

5.On [date], in Cause No. [number], styled “[style of case],” in the [designation] Court of [county] County, the Court signed a protective order that appears in the minutes of the Court, a copy of which is attached as Exhibit [exhibit number/letter].

Movant was [the applicant/a person protected by the protective order] in the prior pro­ceedings.

6.Respondent, [name of respondent], has violated the protective order described above by [failing to pay the fees and costs by the date stated in the protective order/failing to file an affidavit concerning compliance with the Court’s order to [complete a battering inter­vention and prevention program/attend counseling]/failing to pay the fees and costs by the date stated in the protective order and failing to file an affidavit concerning compliance with the Court’s order to [complete a battering intervention and prevention program/attend coun­seling]].

Movant requests that for [the/each] violation alleged above, Respondent be held in con­tempt, fined up to $500, and jailed for up to six months. Movant further requests that each period of confinement run and be satisfied [concurrently/consecutively].

7.It was necessary to secure the services of [name of attorney], a licensed attorney, to enforce and protect the rights of [name of movant]. Respondent should be ordered to pay reasonable attorney’s fees, expenses, and costs, and a judgment should be rendered in favor of the attorney and against Respondent and be ordered paid directly to the undersigned attorney, who may enforce the judgment in the attorney’s own name. Movant requests postjudgment interest as allowed by law.

Movant prays that Respondent be held in contempt and punished as requested, that a judgment be granted for the fines assessed plus interest thereon, and that the Court clarify any part of its prior order found not specific enough to be enforced by contempt, for attorney’s fees, expenses, costs, and interest, and for all further relief authorized by law.

   
[Name]
Attorney for Movant
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Order to Appear

[Enforcement of Protective Order]

IT IS ORDERED that the hearing on the Application for a Protective Order is set before the Court at [time] on [date].

All participants, including Respondent, [name], are ORDERED to appear on the date and at the time set for the hearing physically in the courtroom of this Court at [address, city], Texas. Participants may appear before the Court by other means only if permitted by court order. The Court’s designated contact information [is [court’s designated contact informa­tion]/can be found at [specify where the court publishes this information]].

All participants, including Respondent, [name], are ORDERED to appear on the date and at the time set for the hearing by [state method, e.g., Zoom, telephone] using the follow­ing information: [information for accessing meeting, e.g., Zoom meeting ID and passcode, conference call number]. Participants may appear before the Court by other means only if per­mitted by court order. The Court’s designated contact information [is [court’s designated con­tact information]/can be found at [specify where the court publishes this information]]. Any participant who cannot participate by the electronic means set forth in this notice, has a tech­nological issue preventing effective electronic participation, or needs assistance joining the hearing is ORDERED to contact the Court as soon as the issue is discovered.

All participants, [including/except] Respondent, [name], are ORDERED to appear on the date and at the time set for the hearing either physically in the courtroom of this Court at [address, city], Texas, or by [state method, e.g., Zoom, telephone] using the following infor­mation: [information for accessing meeting, e.g., Zoom meeting ID and passcode, conference call number]. [Include if applicable: Respondent is ORDERED to appear on the date and at the time set for the hearing physically in the courtroom described above.] Participants may appear before the Court by other means only if permitted by court order. The Court’s designated con­tact information [is [court’s designated contact information]/can be found at [specify where the court publishes this information]]. Any participant who cannot appear physically in the courtroom and who cannot participate by the electronic means set forth in this notice, has a technological issue preventing effective electronic participation, or needs assistance joining the hearing is ORDERED to contact the Court as soon as the issue is discovered.

Failure to appear as directed may result in sanctions being entered, up to and including default judgment or dismissal of claims or, for Respondent, the issuance of a capias.

Instructions for submitting evidence: [See the Court’s instructions attached to this order./See the Court’s instructions available at [specify where the court publishes this infor­mation].]

Additional instructions for participating in the hearing: [None/See the Court’s instruc­tions attached to this order./See the Court’s instructions available at [specify where the court publishes this information].]

The purpose of this hearing is to determine whether the relief requested in the Motion for Enforcement of Protective Order should be granted, including whether Respondent should be immediately confined in jail.

SIGNED on ________________________________.

   
JUDGE PRESIDING