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Chapter 33

Form 33-8

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.]

Order Revoking Suspension and for Commitment to County Jail

On [date] the Court heard Movant’s Motion to Revoke Suspension of Commitment.

Appearances

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].

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].

Continue with the following.

The Court further finds that Respondent failed to comply with the terms of the suspen­sion of commitment as follows:

List each specific act, in separate paragraphs and in detail, by which 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:

1.   Respondent failed to pay Movant $200 through the child support division on July 15, 2020, although Respondent was able to comply at that time.

2.   Respondent failed to report to the community supervision officer on June 28, 2020, although Respondent was able to com­ply at that time.

3.   Respondent failed to pay the $25 community supervision fee due on July 8, 2020, although Respondent was able to comply at that time.

The Court further finds that at the time of this hearing Respondent is able to comply with the order by [specify].

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 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 child support, including contempt.

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 assessed in the order suspending commitment].

IT IS FURTHER ORDERED that the sheriff of [county] County 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

If applicable, attach the exhibit containing a copy of the relevant portion(s) of the order.

If a separate writ of commitment is needed, see form 35-1. For forms for issuance of capias, see forms 35-2 and 35-3.