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]