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Chapter 34

Form 34-35

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 Suspending License [and Stay of Suspension]

On [date] the Court heard the Petition for Suspension of License for Failure to Comply with a Court Order Providing for Possession of or Access to [a] Child[ren] filed by [name of petitioner], Petitioner.

Appearances

Petitioner, [name of petitioner], appeared in person and through attorney of record, [name], and announced ready for trial.

Respondent, [name of respondent],

Select one of the following.

has made a general appearance and was duly notified of trial but failed to appear and wholly made default.

appeared in person and through attorney of record, [name], and announced ready for trial.

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 making of a record of testimony was waived by the parties with consent of the Court.

Or

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

Findings for Suspension of License

The Court finds that on [date], in an enforcement proceeding under chapter 157 of the Texas Family Code, Respondent was found to have failed to comply with the terms of a court order for possession of or access to [a] child[ren] in an order in Cause No. [number], styled “[style of case],” that appears in the minutes of this Court [and states in relevant part as fol­lows: [quote exact language of enforcement order]/, the relevant portion[s] of which [is/are] attached as Exhibit [exhibit number/letter]].

Relief Granted

IT IS THEREFORE ORDERED that the license[s] issued to Respondent by the follow­ing licensing [authority/authorities] [is/are] suspended: [list name of each agency issuing a license].

Select one of the following.

Stay of Suspension

IT IS ORDERED that the suspension of Respondent’s license[s] is STAYED on the following terms and conditions: IT IS ORDERED that Respondent comply with [incorporate terms of order pertaining to the possession of or access to (a) child(ren)].

Or

Suspension

IT IS ORDERED that the clerk of this Court forward this order suspending license to [the/each] appropriate licensing authority. Respondent is ORDERED not to engage in the licensed [activity/activities].

Attorney’s Fees and Costs

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 for debt.

IT IS FURTHER ORDERED that costs of court of [number] dollars ($[amount]) are taxed against [name of respondent], and [name of respondent] is ORDERED to pay those costs, by cash, cashier’s check, or money order, to [name], [the District Clerk of [county] County, Texas/Petitioner/Petitioner’s attorney], at [address] on or before [time] on [date].

Relief Not Granted

All relief requested and not expressly granted is denied.

SIGNED on ________________________________.

   
JUDGE PRESIDING

APPROVED AS TO FORM ONLY:

   
[Name]
Attorney for Petitioner
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]

If applicable, attach the exhibit containing a copy of the order.