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Include the following notice if the order contains unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Order Revoking Suspension and for Commitment to County Jail
On [date] the Court heard Movant’s Motion to Revoke Suspension of Commitment.
Appearances
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Include appropriate recitations concerning appearances. See form 21-15. |
Proceedings
All matters of law and of fact were submitted to the Court, and the Court heard the evidence and considered the pleadings and argument of counsel.
Jurisdiction
The Court 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].
Findings
The Court finds that Respondent has failed to comply with the terms and conditions of the order of this Court suspending commitment signed on [date] that appears in the minutes of this Court and states in relevant part as follows: [quote exact language of underlying order].
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Or |
The Court finds that Respondent has failed to comply with the terms and conditions of the order of this Court suspending commitment signed on [date] that appears in the minutes of this Court, the relevant portion[s] of which [is/are] attached as Exhibit [exhibit number/letter].
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Continue with the following. |
The Court further finds that Respondent failed to comply with the terms of the suspension of commitment as follows:
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List each specific act, in separate paragraphs and in detail, by which the respondent has failed to comply with the terms and conditions of suspension, including the date, place, and, if applicable, time of each separate failure to comply. For example: a. Respondent failed to deliver to Movant at her residence, between 4:45 p.m. and 5:00 p.m. on June 14, 2020, the twelve place settings of Lenox china, Autumn pattern, although Respondent was able to comply at that time. b. Respondent failed to report to the community supervision and corrections officer on June 21, 2020, although Respondent was able to comply at that time. c. Respondent failed to pay the $25 fee due on June 7, 2020, although Respondent was able to comply at that time. |
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Include the following if civil contempt is to be assessed. |
The Court further finds that at the time of this hearing Respondent is able to comply with the order by [specify].
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Continue with the following. |
The Court further finds that the suspension of commitment should be revoked.
The Court further finds that attorney’s fees and costs of $[amount] should be assessed against Respondent in this proceeding in addition to the attorney’s fees and costs assessed in the order suspending commitment signed on [date] and referred to above.
Relief Granted
Revocation
IT IS ADJUDGED that Respondent has failed to comply with the terms and conditions of suspension of commitment as enumerated above. IT IS ORDERED that suspension of commitment of Respondent is revoked.
Attorney’s Fees
IT IS ORDERED that a judgment is awarded to [name of attorney] in the amount of [number] dollars ($[amount]) for reasonable attorney’s fees, expenses, and costs incurred by [name of party], 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 the fees, expenses, costs, and interest, by cash, cashier’s check, or money order, directly to [name of attorney] at [address] on or before [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 for debt.
Costs
IT IS ORDERED that costs of court of [number] dollars ($[amount]) are taxed against Respondent, and [name of respondent], Respondent, is ORDERED to pay those costs, by cash, cashier’s check, or money order, to [name], [the District Clerk of [county] County, Texas/Movant/Movant’s attorney], at [address] on or before [time] on [date].
Commitment
IT IS ORDERED that Respondent, [name of respondent], is committed to the custody of the sheriff of [county] County, Texas, to be confined, as ordered by the order suspending commitment, until Respondent has [quote exact language of the punishment/confinement assessed in the order suspending commitment].
IT IS FURTHER ORDERED that the sheriff of [county] County, Texas, shall take custody of Respondent and commit [him/her] to the [county] County jail to be confined in accordance with the judgment of contempt as set forth above.
Issuance of Process
IT IS ORDERED that all writs and other process necessary for the enforcement of this order be issued.
Relief Not Granted
All relief requested and not expressly granted is denied.
SIGNED on ________________________________.
JUDGE PRESIDING
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If applicable, attach the exhibit containing a copy of the relevant portion(s) of the order. |