Form 17-2

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Temporary Ex Parte Protective Order [and Order Setting Hearing]

1.Temporary Ex Parte Order
§§ 83.001–.006

On __________________, the application of [name of applicant], Appli­cant, for a temporary ex parte protective order was presented to the Court.

1.A.Findings

The Court, having examined the pleadings and allegations of Applicant, finds that Applicant’s sworn pleadings and allegations show that Applicant is [state relationship between applicant and respondent] and that—

Applicant is a former spouse of Respondent, and a copy of the decree dissolving the marriage is [attached to this application as Exhibit [exhibit number/letter]/unavailable to Applicant at this time, but a copy of the decree will be filed with the Court before the hearing on the application].

Applicant has requested a protective order [for [a] child[ren]/against a child who has committed family violence and] who [is/are] not subject to the continuing jurisdiction of a court under the Texas Family Code.

Applicant has requested a protective order [for [a] child[ren]/against a child who has committed family violence and] who [is/are] subject to the con­tinuing jurisdiction of a court under the Texas Family Code and who [is/are] involved in the alleged family violence. A copy of the court orders affecting the conservatorship, support, and possession of or access to the child[ren] is [attached to and filed with this application as Exhibit [exhibit number/letter]/unavailable to Applicant at this time, but a copy of the orders will be filed with the Court before a hearing on the application].

Applicant has requested a protective order for the child[ren] because Respondent is seeking or attempting to seek contact with the child[ren], Respondent has been convicted of or placed on deferred adjudication commu­nity supervision for [an offense under title 5 of the Texas Penal Code based on a court finding that the offense involved family violence under article 42.013 of the Texas Code of Criminal Procedure/an offense under title 6 of the Texas Penal Code], and Respondent’s parental rights with respect to the child[ren] have been terminated.

Applicant and Respondent [have/had] a dating relationship as defined in section 71.0021(b) of the Texas Family Code.

Applicant [is/was] [married to/in a dating relationship with] an individ­ual who [is/was] [married to/in a dating relationship with] Respondent.

The Court finds that an order for emergency protection has been previ­ously issued under article 17.292 of the Texas Code of Criminal Procedure. The Court further finds that, to the extent that a condition imposed by that pre­viously issued order conflicts with a condition imposed by this order, this order supersedes the order previously issued under article 17.292 of the Texas Code of Criminal Procedure.

The Court finds that there is a clear and present danger of family vio­lence unless [name of family or household member alleged to have committed family violence] is ordered to do or refrain from doing certain acts, as shown below.

The Court finds that there is an immediate need for the following protec­tive orders to prevent family violence and to protect Applicant [include if appli­cable: and other members of the [family/household]] and that the orders are in the best interest of [the family/the household/[name[s] of member[s] of family or household]]. [If relief under Tex. Fam. Code § 85.022(b)(2)(C) (communicat­ing only through attorney or person appointed by the court) is granted, include findings of good cause.]

1.B.Definition

In this order, “Protected Person” means [Applicant/[name[s] of mem­ber[s] of family or household]/Applicant and [name[s] of member[s] of family or household]]. [If any specific relief is not intended to apply to all the identified protected persons, the relevant person[s] must be specifically named in the par­ticular item.]

1.C.Orders

IT IS THEREFORE ORDERED that the clerk of this Court issue tem­porary ex parte protective orders as follows, and Respondent is immediately:

1.Prohibited from committing family violence [specify as neces­sary], as defined in section 71.004 of the Texas Family Code.

2.Prohibited from doing any act [include if dating violence: other than a defensive measure to protect Respondent] that is intended to result in physi­cal harm, bodily injury, assault, or sexual assault against [any] Protected Per­son.

3.Prohibited from doing any act [include if dating violence: other than a defensive measure to protect Respondent] that is a threat that reasonably places [any] Protected Person in fear of imminent physical harm, bodily injury, assault, or sexual assault.

4.Prohibited from committing abuse of a child of the family or household as defined by Texas Family Code section 261.001(1)(C), (E), (G), (H), (I), (J), (K), and (M). [If specific acts of child abuse are to be addressed in the order, list the acts intended to be covered.]

5.Prohibited from communicating directly with [any] Protected Per­son in a threatening or harassing manner.

6.Prohibited from communicating a threat through any person to [any] Protected Person.

7.Prohibited, on the basis of good cause shown, from communicating in any manner with [any] Protected Person except through Respondent’s attor­ney or [name of person appointed by the court].

8.Prohibited from engaging in conduct directed specifically toward [any] Protected Person, including following [the] Protected Person, that is rea­sonably likely to harass, annoy, alarm, abuse, torment, or embarrass [the] Pro­tected Person.

9.Prohibited from going to or near the residence[s] or place[s] of employment or business of [any] Protected Person. [Unless the information is excluded, specifically describe prohibited location[s] and minimum distance[s] therefrom, if any, that respondent must maintain.]

10.Prohibited from going to or near, or within [specify distance] of, any location where [any] Protected Person is known by Respondent to be and further prohibited from remaining within [specify distance] after Respondent becomes aware of [the] Protected Person’s presence.

11.Prohibited from going to or near the residence[s], child care [facility/facilities], or school[s] [name[s] of child[ren] protected under the order] normally attend[s] or in which [name[s]] normally reside[s]. [Unless the information is excluded, specifically describe prohibited location[s] and mini­mum distance[s] therefrom, if any, that respondent must maintain.]

12.Prohibited from removing [name[s] of child[ren] of family or house­hold] from the [possession of [name]/jurisdiction of the Court].

13.Prohibited from harming, threatening, or interfering with the care, custody, or control of a pet, companion animal, or assistance animal, as defined by section 121.002 of the Texas Human Resources Code, that is pos­sessed by or in the actual or constructive care of [any] Protected Person.

14.Prohibited from transferring, encumbering, or otherwise disposing of property mutually owned or leased by the parties, except when in the ordi­nary course of business.

15.Prohibited from possessing a firearm or ammunition, unless Respondent is a peace officer, as defined by section 1.07 of the Texas Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision.

16.Prohibited from interfering with Applicant’s use of the residence located at [address, city, state], including but not limited to disconnecting util­ities or telephone service or causing such services to be disconnected.

1.D.Findings and Orders Regarding Exclusion from Residence
§§ 85.021(2), 83.006

The Court finds that the parties’ residence is [owned/leased] [jointly by Applicant and Respondent/by Applicant/by Respondent and that Respondent has an obligation to support [Applicant/Applicant’s child[ren]]]. The Court further finds, from Applicant’s affidavit and the testimony, that Applicant [resides/has resided within thirty days before the application was filed] on the premises, that Respondent committed family violence against [name], a mem­ber of the household, within the thirty-day period before the application was filed, and that there is a clear and present danger that Respondent is likely to commit family violence against a member of the household.

IT IS THEREFORE ORDERED that the clerk of this Court issue a tem­porary ex parte protective order excluding Respondent, [name], from occupy­ing the parties’ residence [include if applicable: and ordering Respondent to vacate the residence by ____________ __.m. on __________________].

IT IS FURTHER ORDERED that the [chief of police of the city of [city]/sheriff of [county] County/constable of Precinct [designation] of [county] County], Texas, is ORDERED to provide a law enforcement officer from [his/her] department to accompany Applicant, [name of applicant], to the residence at [address, city, state], to inform Respondent that the Court has ordered Respondent excluded from the residence, to protect Applicant while Applicant takes possession of the residence, and to protect Applicant if Respondent refuses to vacate the residence while Applicant takes possession of Applicant’s necessary personal property.

These temporary ex parte protective orders shall be effective immedi­ately and binding on Respondent and shall continue in full force and effect for twenty days from the date this order is signed unless terminated sooner by order of this Court.

The requirement of a bond is waived.

2.Hearing for Protective Orders

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.

Instructions for submitting evidence: [See the Court’s instructions attached to this notice./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 notice./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 Application for a Protective Order should be granted, including—

1.Prohibiting Respondent from committing family violence as defined in section 71.004 of the Texas Family Code.

2.Prohibiting Respondent from doing any act [include if dating vio­lence: other than a defensive measure to protect Respondent] that is intended to result in physical harm, bodily injury, assault, or sexual assault against [any] Protected Person.

3.Prohibiting Respondent from doing any act [include if dating vio­lence: other than a defensive measure to protect Respondent] that is a threat that reasonably places [any] Protected Person in fear of imminent physical harm, bodily injury, assault, or sexual assault.

4.Prohibiting Respondent from committing abuse of a child of the family or household as defined by Texas Family Code section 261.001(1)(C), (E), (G), (H), (I), (J), (K), and (M). [If specific acts of child abuse are to be addressed in the order, list the acts intended to be covered.]

5.Prohibiting Respondent from communicating directly with [any] Protected Person in a threatening or harassing manner.

6.Prohibiting Respondent from communicating a threat through any person to [any] Protected Person.

7.On a finding of good cause, prohibiting Respondent from commu­nicating in any manner with [any] Protected Person except through Respon­dent’s attorney or a person appointed by the Court.

8.Prohibiting Respondent from engaging in conduct directed specifi­cally toward [any] Protected Person, including following [the] Protected Per­son, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass [the] Protected Person.

9.Prohibiting Respondent from going to or near, or within [specify distance] of, any location where [any] Protected Person is known by Respon­dent to be and from remaining within [specify distance] after Respondent becomes aware of [the] Protected Person’s presence.

10.Prohibiting Respondent from going to or near the residence[s] or place[s] of employment or business of [any] Protected Person. [Specifically describe the prohibited location[s] and the minimum distance[s] therefrom, if any, that respondent must maintain.]

11.Prohibiting Respondent from going to or near the residence[s], child care [facility/facilities], or school[s] [name[s] of child[ren] protected under the order] normally attend[s] or in which [name[s]] normally reside[s]. [Specifically describe the prohibited location[s] and the minimum distance[s] therefrom, if any, that respondent must maintain.]

12.Prohibiting Respondent from removing [name[s] of child[ren] of family or household] from the [possession of [name]/jurisdiction of the Court].

13.Prohibiting Respondent from harming, threatening, or interfering with the care, custody, or control of a pet, companion animal, or assistance ani­mal, as defined by section 121.002 of the Texas Human Resources Code, that is possessed by or in the actual or constructive care of [any] Protected Person.

14.Prohibiting Respondent from transferring, encumbering, or other­wise disposing of property mutually owned or leased by the parties, except when in the ordinary course of business.

15.Prohibiting Respondent from possessing a firearm or ammunition unless Respondent is a peace officer, as defined by section 1.07 of the Texas Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision.

16.Prohibiting Respondent from interfering with Applicant’s use of the residence located at [address, city, state], including but not limited to dis­connecting utilities or telephone service or causing such services to be discon­nected.

17.Suspending Respondent’s license to carry a handgun issued under subchapter H, chapter 411, of the Texas Government Code.

18.Granting Applicant exclusive possession of the parties’ residence [include if applicable: and ordering Respondent to vacate the residence].

19.Requiring Respondent to complete a battering intervention and pre­vention program or counseling as provided by section 85.022(a) of the Texas Family Code.

20.Awarding Applicant exclusive use and possession of the following property, which is [community property/jointly [owned/leased]]: [describe property].

21.Granting Applicant exclusive possession of the child[ren], [name[s]], and specifying the terms of Respondent’s access to the child[ren].

22.Ordering Respondent to pay support for [name[s] of applicant and/or child[ren] entitled to support].

This hearing is also to determine whether the Court should assess rea­sonable attorney’s fees against [name of respondent] to be awarded to [spec­ify].

This hearing is also to determine whether the Court should order the separation of certain wireless telephone number[s] primarily used by [Appli­cant/a child who is in Applicant’s care or custody/Applicant or a child who is in Applicant’s care or custody] from Respondent’s wireless telephone service account.

This hearing is also to determine whether the identifying information, which the Court has sealed, should be disclosed to Respondent.

3.Warnings

•Required in All Temporary Ex Parte Protective Orders

Warning:

§ 85.026(a)

A person who violates this order may be punished for con­tempt of court by a fine of as much as $500 or by confinement in jail for as long as six months, or both.

No person, including a person who is protected by this order, may give permission to anyone to ignore or violate any provision of this order. During the time in which this order is valid, every provi­sion of this order is in full force and effect unless a court changes the order.

It is unlawful for any person, other than a peace officer, as defined by section 1.07, Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to a protective order to possess a fire­arm or ammunition.

If a person subject to a protective order is released from con­finement or imprisonment following the date the order would have expired, or if the order would have expired not later than the first anniversary of the date the person is released from confinement or imprisonment, the order is automatically extended to expire on:

(1)the first anniversary of the date the person is released, if the person was sentenced to confinement or imprisonment for a term of more than five years; or

(2)the second anniversary of the date the person is released, if the person was sentenced to confinement or imprison­ment for a term of five years or less.

A violation of this order by commission of an act prohibited by the order may be punishable by a fine of as much as $4,000 or by confinement in jail for as long as one year, or both. An act that results in family violence may be prosecuted as a separate misde­meanor or felony offense. If the act is prosecuted as a separate fel­ony offense, it is punishable by confinement in prison for at least two years.

TPenC § 46.06(a)(6), (b)(2)

It is unlawful for any person who is subject to a protective order to knowingly purchase, rent, lease, or receive as a loan or gift from another, a handgun for the duration of this order.

18 USC §§ 2262, 2266

Interstate violation of this protective order may subject Respondent to federal criminal penalties. This protective order is enforceable in all fifty states, the District of Columbia, tribal lands, and U.S. territories.

SIGNED on ______________________________ at ______________ __.m.

   
JUDGE PRESIDING

4.Information for Law Enforcement Officers

Information about Respondent to Aid Law Enforcement Officers:

Name:

Home address:

Home telephone number:

Work address:

Work telephone number:

Date of birth:

Color of eyes:

Color of hair:

Height: ________ feet ________ inches

Weight:

Sex:

Race:

Personal descriptors:

Social Security number:

Driver’s license or identification number and issuing state: