Form 34-7

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Motion to Revoke Suspension of Commitment

This Motion to Revoke Suspension of Commitment is brought by [name of movant], Movant, who requests the Court to revoke the suspension of a commitment previously ordered by this Court. Respondent is [name of respondent], who should be served with process [include if applicable: at [address, city, state, zip code]]. In support, Movant shows:

1.On [date] this Court signed an order that appears in the minutes of this Court in which Respondent was found to be in contempt of this Court. That order states in relevant part as follows: [quote exact language of the order that the respondent has disobeyed].

1.On [date] this Court signed an order that appears in the minutes of this Court in which Respondent was found to be in contempt of this Court. The relevant portion[s] of the order [is/are] attached as Exhibit [exhibit number/letter].

2.Respondent has failed to comply with the terms and conditions of suspension as follows:

Movant requests that the Court order Respondent’s arrest by warrant and that Respon­dent be brought promptly before the Court after arrest.

Movant requests that the previous suspension of commitment be revoked and that Respondent be committed in accordance with the prior order.

3.Movant objects to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial.

4.It was necessary to secure the services of [name of attorney], a licensed attorney, to enforce and protect the rights of [name of movant] and the child[ren] the subject of this suit. 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. [Include if applicable: Enforcement of the order is necessary to ensure the child[ren]’s physical or emotional health or welfare. The attorney’s fees and costs should be enforced by any means available for the enforcement of child support, including contempt but not includ­ing income withholding.] Movant requests postjudgment interest as allowed by law.

Movant requests that the suspension of commitment previously ordered be revoked and that Respondent be committed to the county jail in accordance with the prior order.

Movant prays for attorney’s fees, expenses, costs, and interest and for all further relief authorized by law.

   
[Name]
Attorney for Movant
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]

Verification

The undersigned states under oath: “I am Movant in the foregoing Motion to Revoke Suspension of Commitment. I have personal knowledge of the facts and allegations stated in it, and they are true and correct.”

   
Movant

SIGNED under oath before me on ______________________________.

   
Notary Public, State of Texas

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

Order to Appear

[Motion to Revoke Suspension of Commitment—Possession or Access]

IT IS ORDERED that the hearing to Revoke Suspension of Commitment 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 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 Respondent has violated one or more terms or conditions of the prior suspension of commitment as alleged in the Motion to Revoke Suspension of Commitment, whether a further attorney’s fee and costs should be assessed against Respondent, and whether Respondent should be immediately confined in jail as assessed in the prior order.

SIGNED on ________________________________.

   
JUDGE PRESIDING