NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Petition for Enforcement of Property Division by Contempt
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.
Include 2. if applicable. |
2.Petitioner 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 suit is brought by [name of petitioner], Petitioner. [The last three numbers of Petitioner’s driver’s license number are [numbers]./Petitioner has not been issued a driver’s license.] [The last three numbers of Petitioner’s Social Security number are [numbers]./Petitioner has not been issued a Social Security number.]
Respondent is [name of respondent]. Process should be served [include if applicable: at [address, city, state, zip code]].
4.On [date] this Court signed [an order/a decree] that appears in the minutes of this Court and states in relevant part as follows: [quote exact language of order or decree to be enforced].
Or |
4.On [date] this Court signed [an order/a decree] that appears in the minutes of this Court, the relevant portion[s] of which [is/are] attached as Exhibit [exhibit number/letter].
Continue with the following. |
Petitioner was the [petitioner/respondent] and Respondent was the [respondent/petitioner] in the prior proceedings.
5.Respondent has failed to comply with the order described above as follows:
List each specific failure to comply by the respondent in detail, including the date, place, and, if applicable, time of each occasion on which the respondent has not complied. For example: Violation 1. On March 1, 2020, John Smith failed to deliver to Jane Smith at her residence, between 4:45 p.m. and 5:00 p.m., the twelve place settings of Lenox china, Autumn pattern. |
6.Petitioner seeks an order directing Respondent to [specify conduct].
7.Petitioner requests that Respondent be held in contempt, jailed, and fined for each violation alleged above, for a period of six months on each count, to run [concurrently/consecutively].
If each period of confinement assessed is to run and be satisfied consecutively, confinement may not exceed a cumulative total of eighteen months for three or more periods of confinement arising out of the same matter. Tex. Gov’t Code § 21.002(h). If the total of requested jail time is more than six months Respondent is entitled to a jury. |
Include 8. if civil contempt is sought. |
8.Petitioner requests that after Respondent serves [his/her] sentence for criminal contempt, Respondent be confined in the county jail for a period not to exceed eighteen months (total for civil and criminal contempt) or until Respondent complies with the order of the Court, whichever occurs first.
The total sentence for civil and criminal contempt combined is limited to eighteen months. Tex. Gov’t Code § 21.002(h). In a civil contempt, the respondent is not entitled to a jury, because the respondent may obtain release at any time by complying with the order. |
9.Petitioner requests that, if the Court finds that any part of the order sought to be enforced is not specific enough to be enforced by contempt, the Court enter a clarifying order more clearly specifying the duties imposed on Respondent and giving Respondent a reasonable time within which to comply.
Include 10. if applicable. |
10.Delivery of the property by Respondent is no longer an adequate remedy. Petitioner requests judgment for $[amount] to compensate Petitioner for the loss of the property.
11.It was necessary to secure the services of [name of attorney], a licensed attorney, to enforce and protect the rights of [name of petitioner]. 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. Petitioner requests postjudgment interest as allowed by law.
Petitioner prays that citation and notice issue as required by law, that the Court render an order directing Respondent to [specify conduct] and that Respondent be held in contempt and punished as requested, that the Court clarify any part of its prior order found not to be specific enough to be enforced by contempt, [include if applicable: for a judgment for $[amount],] for attorney’s fees, expenses, costs, and interest, and for all further relief authorized by law.
[Name]
Attorney for Petitioner
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]
If applicable, attach the exhibit containing a copy of the relevant portion(s) of the order. |
For initial disclosures required by Tex. R. Civ. P. 194 (generally within thirty days after filing of the first answer or general appearance), see form 5-18. For a contempt order based on this petition, see forms 31-7 and 31-10. |
File the following order as a separate document. |
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Order to Appear
[Enforcement of Property Division]
IT IS ORDERED that the hearing on Petition for Enforcement is set before the Court at [time] on [date].
Use the following paragraph if the hearing will be only in-person. |
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]].
Use the following paragraph if the hearing will be only remote. |
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.
Use the following paragraph if the hearing will be both in-person and remote. |
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.
Continue with the following. |
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 Petition for Enforcement should be granted, including whether Respondent should be immediately confined in jail.
SIGNED on ________________________________.
Judge Presiding