Form 17-18

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Order [Clarifying/Holding Respondent in Contempt for Violating] Protective Order

On [date] the Court heard Movant’s Motion for Enforcement of Protective Order.

Appearances

Jurisdiction

The Court, after examining the record and the evidence and argument of counsel, finds that it has jurisdiction over the subject matter and the parties in this case. All persons entitled to citation were properly cited.

Record

The record of testimony was duly reported by [[name, address]/the court reporter for the [designation] Court].

Jury

A jury was waived, and all questions of fact and of law were submitted to the Court.

A jury was selected, questions of fact were submitted to the jury, and a verdict was returned and duly filed.

Identification of Protective Order

The Court finds that the protective order that Movant is seeking to enforce was signed on [date] [include if applicable: in Cause No. [number], styled “[style of case],” in the [desig­nation] Court of [county] County] and appears in the minutes of [this/the] Court. A copy of the order is attached as Exhibit [exhibit number/letter].

Clarification of Prior Order

The Court finds that certain terms of the protective order rendered by [this/the] Court are not specific enough to be enforced by contempt, that the protective order should be clari­fied, and that Respondent should be ordered to comply with the terms of the clarified protec­tive order no later than [date], which the Court specifically finds is a reasonable time for compliance.

IT IS ORDERED that the protective order signed by [this/the] Court on [date] is clari­fied as follows:

IT IS FURTHER ORDERED that all terms of the protective order that are not clarified in this order shall remain in full force and effect. IT IS FURTHER ORDERED that Respon­dent shall comply with the terms of the prior order that are clarified in this order no later than [date], after which this clarifying order may be enforced by contempt.

Findings

The protective order that Movant seeks to enforce states in relevant part as follows: [quote the exact language of the order to be enforced].

The Court finds that Respondent has failed to comply with the provisions of the order as follows:

1.Respondent failed to pay the fees and costs by the date stated in the protective order.

2.Respondent failed to file an affidavit concerning compliance with the Court’s order to [complete a battering intervention and prevention program/attend counseling].

Contempt Findings

The Court finds that Respondent has failed to comply with the Court’s order as set out above and that Respondent is guilty of [a separate act of contempt for each such separate fail­ure to act/contempt for such failure to act].

The Court further finds that on the day of this hearing Respondent has the ability to comply with the prior order of the Court.

The Court further finds that attorney’s fees and costs relating to this enforcement action in the amount of $[amount] should be assessed against Respondent.

Relief Granted

IT IS ADJUDGED that Respondent, [name of respondent], is in contempt for [the/each separate] violation enumerated above.

Criminal Contempt

IT IS ORDERED that punishment for [the/each separate] violation is assessed at a fine of [specify up to $500] dollars ($[amount]) and confinement in the county jail of [county] County, Texas, for a period of [specify up to 180] days.

IT IS THEREFORE ORDERED that Respondent is committed to the county jail of [county] County, Texas, for a period of [specify up to 180] days for [the/each separate] viola­tion enumerated above. [Include if applicable: IT IS ORDERED that each period of confine­ment assessed in this order shall run and be satisfied [concurrently/consecutively].]

Civil Contempt

IT IS ORDERED that Respondent, [name of respondent], shall [be/thereafter be fur­ther] confined in the county jail of [county] County, Texas, until Respondent has complied with the following orders. IT IS ORDERED that Respondent—

1.pay [number] dollars ($[amount]), as costs of this enforcement proceeding, to [name], [the District Clerk of [county] County, Texas/Movant/Movant’s attorney], at [address]; [and]

2.pay [number] dollars ($[amount]), as attorney’s fees in this enforcement proceed­ing, to [name] at [address] [; and/.]

3.pay the fees and the costs stated in the protective order.

Attorney’s Fees

IT IS ORDERED that judgment is awarded to [name of attorney] in the amount of [number] dollars ($[amount]) for reasonable attorney’s fees, expenses, and costs, with interest at [percent] percent per year compounded annually from the date the judgment is signed until paid. The judgment, for which let execution issue, is awarded against [name of respondent], Respondent, and Respondent is ORDERED to pay those fees, expenses, costs, and interest, by cash, cashier’s check, or money order, directly to [name of attorney] at [address] on or before [time] on [date]. [Name of attorney] may enforce this judgment for fees, expenses, and costs in [his/her] own name by any means available for the enforcement of a judgment. The attorney’s fees and costs awarded herein may be enforced by any means available, including contempt. Any amounts paid under the order[s] above shall be credited against this judgment.

Relief Not Granted

All relief requested and not expressly granted is denied.

SIGNED on ________________________________.

   
JUDGE PRESIDING