This order is to be inserted in any court order that orders the issuance of a writ of attachment.
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA
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See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
Order for Issuance of Writ of Attachment
On [date] there was presented to this Court a verified petition with a request for a writ of attachment with respect to [name[s] of child[ren]], [a] child[ren].
On the basis of the sworn statement in the petition and of the evidence and argument of counsel, the Court finds it necessary and proper to issue a writ of attachment immediately.
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Select one of the following. |
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The first alternative anticipates that the person with possession before attachment will come to the courtroom at the same time the child is brought in and that a hearing will be had at that time. |
IT IS THEREFORE ORDERED that the clerk of this Court immediately issue a writ of attachment commanding any sheriff or constable within the state of Texas to take the [body/bodies] of [name[s] of child[ren]], [a] child[ren], and to deliver the child[ren] safely to this Court during regular court hours.
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Or |
IT IS THEREFORE ORDERED that the clerk of this Court immediately issue a writ of attachment commanding any sheriff or constable within the state of Texas to take the [body/bodies] of [name[s] of child[ren]], [a] child[ren], and to deliver the child[ren] safely into the possession of [name of person or agency] at [address, city, state]. The [person/agency] to whom the child[ren] [is/are] delivered is ORDERED to produce the child[ren] before this Court on __________________ at ____________ __.m. in its courtroom, at which time and place a hearing shall be had to determine the right to possession of the child[ren]. IT IS FURTHER ORDERED that the clerk of this Court shall issue notice to [person from whose possession child[ren] is/are removed] of the time and place of the hearing.
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Continue with the following. |
SIGNED on ________________________________.
JUDGE PRESIDING