Form 3-4

This form is not needed if form 3-3 requesting a temporary restraining order is used.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Notice of Hearing for Temporary Orders and Order to Appear

Notice is given to Respondent, [name of respondent], and Respondent is ORDERED to appear in person [include if applicable: and to furnish informa­tion sufficient to accurately identify Respondent’s net resources and ability to pay child support and to bring with [him/her] tax returns for the past two years, a financial information statement substantially in the form and detail pre­scribed by the current edition of Texas Family Law Practice Manual, form 4-2, and pay stubs for the past three months. IT IS ORDERED that Respondent shall appear with those documents] before this Court in the courthouse at [address, city], Texas, on ___________________________________ at ___________________________________ __.m. Petitioner is [name of peti­tioner].

The child[ren] the subject of this suit [is/are] [name[s] of child[ren]].

1.Temporary Injunction

One of the purposes of the hearing is to determine whether the tempo­rary injunction prayed for should be granted to enjoin Respondent from the fol­lowing:

1.Communicating with Petitioner in Offensive Manner

1.Intentionally communicating with Petitioner in person or in any other manner, including by telephone or another electronic voice transmission, video chat, in writing, or electronic messaging, by use of vulgar, profane, obscene, or indecent language or in a coarse or offensive manner, with intent to annoy or alarm Petitioner.

2.Threatening Petitioner

2.Threatening Petitioner in person or in any other manner, including by telephone or another electronic voice transmission, video chat, in writing, or electronic messaging, to take unlawful action against any person, intending by this action to annoy or alarm Petitioner.

3.Harassing Petitioner by Telephone

3.Placing a telephone call, anonymously, at any unreasonable hour, in an offensive and repetitious manner, or without a legitimate purpose of com­munication with the intent to annoy or alarm Petitioner.

4.Injuring Petitioner

4.Intentionally, knowingly, or recklessly causing bodily injury to Petitioner [include if applicable: or to a child of either party].

5.Threatening Bodily Harm

5.Threatening Petitioner [include if applicable: or a child of either party] with imminent bodily injury.

6.Destroying Property

6.Intentionally, knowingly, or recklessly destroying, removing, con­cealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties with intent to obstruct the authority of the Court to order a division of the estate of the parties in a manner that the Court deems just and right, having due regard for the rights of each party [include if applicable: and the child[ren] of the marriage].

7.Falsifying Records

7.Intentionally falsifying a writing or record, including an electronic record, relating to the property of either party.

8.Concealing Property

8.Intentionally misrepresenting or refusing to disclose to Petitioner or to the Court, on proper request, the existence, amount, or location of any tangi­ble or intellectual property of one or both of the parties, including electroni­cally stored or recorded information.

9.Damaging Property

9.Intentionally or knowingly damaging or destroying the tangible or intellectual property of one or both of the parties, including electronically stored or recorded information.

10.Tampering with Property

10.Intentionally or knowingly tampering with the tangible or intellec­tual property of one or both of the parties, including electronically stored or recorded information, and causing pecuniary loss or substantial inconvenience to Petitioner.

11.Alienating Property

11.Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of one or both of the parties, whether personal property, real property, or intellectual property, and whether separate or community property, except as specifically authorized by order of this Court.

12.Incurring Debts

12.Incurring any debt, other than legal expenses in connection with this suit, except as specifically authorized by order of this Court.

13.Withdrawing Funds

13.Withdrawing money from any checking or savings account in any financial institution for any purpose, except as specifically authorized by order of this Court.

14.Spending Funds

14.Spending any money in either party’s possession or subject to either party’s control for any purpose, except as specifically authorized by order of this Court.

15.Withdrawing Employee Benefits

15.Withdrawing or borrowing money in any manner for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan, employee savings plan, individual retirement account, or Keogh account of either party, except as specifically authorized by order of this Court.

16.Brokerage and Investment Accounts

16.Withdrawing, transferring, assigning, encumbering, selling, or in any other manner alienating any funds or assets held in any brokerage account, mutual fund account, or investment account by one or both parties, regardless of whether the funds or assets are community or separate property and whether the accounts are self-managed or managed by a third party, except as specifi­cally authorized by order of this Court.

17.Withdrawing Insurance Value

17.Withdrawing or borrowing in any manner all or any part of the cash surrender value of any life insurance policy on the life of either party [include if applicable: or a child of the parties], except as specifically authorized by order of this Court.

18.Entering Safe-Deposit Box

18.Entering any safe-deposit box in the name of or subject to the con­trol of one or both of the parties, whether individually or jointly with others.

19.Changing Life Insurance Beneficiary

19.Changing or in any manner altering the beneficiary designation on any life insurance policy on the life of either party [include if applicable: or a child of the parties].

20.Affecting Insurance

20.Canceling, altering, failing to renew or pay premiums on, or in any manner affecting the level of coverage that existed at the time this suit was filed of, any life, casualty, automobile, or health insurance policy insuring the parties’ property or persons [include if applicable: , including a child of the par­ties].

21.Opening or Diverting Mail

21.Opening or diverting mail or e-mail or any other electronic commu­nication addressed to Petitioner.

22.Signing or Endorsing Petitioner’s Name

22.Signing or endorsing Petitioner’s name on any negotiable instru­ment, check, or draft, including a tax refund, insurance payment, and dividend, or attempting to negotiate any negotiable instrument payable to Petitioner without the personal signature of Petitioner.

23.Terminating or Limiting Credit Cards

23.Taking any action to terminate or limit credit or charge cards in the name of Petitioner.

24.Changing Tax Withholding

24.Discontinuing or reducing the withholding for federal income taxes from either party’s wages or salary.

25.Destroying Financial Records

25.Destroying, disposing of, or altering any financial records of the parties, including but not limited to a canceled check, deposit slip, and other records from a financial institution, a record of credit purchases or cash advances, a tax return, and a financial statement.

26.Destroying Electronic Records

26.Destroying, disposing of, or altering any e-mail, text message, video message, or chat message or other electronic data or electronically stored information relevant to the subject matter of this case, whether stored on a hard drive, in a removable storage device, in cloud storage, or in another electronic storage medium.

27.Modifying Electronic Data

27.Modifying, changing, or altering the native format or metadata of any electronic data or electronically stored information relevant to the subject matter of this case, whether stored on a hard drive, in a removable storage device, in cloud storage, or in another electronic storage medium.

28.Deleting Social Network Data

28.Deleting any data or content from any social network profile used or created by either party [include if applicable: or a child of the parties].

29.Using Password or PIN

29.Using any password or personal identification number to gain access to Petitioner’s e-mail account, bank account, social media account, or any other electronic account.

30.Affecting Utility Service and Deposits

30.Terminating or in any manner affecting the service of water, elec­tricity, gas, telephone, cable television, or any other contractual service, including security, pest control, landscaping, or yard maintenance, at [full address] or in any manner attempting to withdraw any deposits for service in connection with any of those services.

31.Excluding Petitioner from Residence

31.Excluding Petitioner from the use and enjoyment of the residence located at [address, city, state].

32.Interfering with Motor Vehicle

32.Entering, operating, or exercising control over the [year, make, and model of motor vehicle] [include if applicable: or any motor vehicle] in the pos­session of Petitioner.

33.Disturbing Child[ren] or Another Party

33.Disturbing the peace of the child[ren] or of another party.

34.Withdrawing Child[ren] from School or Day Care

34.Withdrawing the child[ren] from enrollment in the school or day-care facility where the child[ren] [is/are] presently enrolled.

35.Hiding Child[ren] from Petitioner

35.Hiding or secreting the child[ren] from Petitioner.

36.Disparaging Remarks

36.Making disparaging remarks regarding Petitioner [include if appli­cable: or Petitioner’s family] in the presence or within the hearing of the child[ren].

37.Consumption of Alcohol

37.Consuming alcohol within the [number] hours before or during the period of possession of or access to the child[ren].

38.Unrelated Adult in Residence Overnight

38.Permitting an unrelated adult with whom Respondent has an inti­mate or dating relationship to remain in the same residence with the child[ren] between the hours of [time] p.m. and [time] a.m.

2.Temporary Orders

Another purpose of this hearing is to determine whether, while this case is pending, the Court should make temporary orders, as necessary and equita­ble, on the following matters:

1.Exclusive Use and Possession of Residence

1.Petitioner should be awarded the exclusive use and possession of the residence located at [street address, city, state], as well as the furniture, furnishings, and other personal property at that residence, while this case is pending, and Respondent should be enjoined from entering or remaining on the premises of the residence and exercising possession or control of any of this personal property, except as authorized by order of this Court.

2.Exclusive Use and Control of Motor Vehicle

2.Petitioner should be awarded exclusive use and control of [year, make, and model of motor vehicle], and Respondent should be enjoined from entering, operating, or exercising control over it.

3.Exclusive Use of Other Property

3.Petitioner should be awarded the exclusive use of the following property, and Respondent should be enjoined from exercising possession or control of any of this property: [list property].

4.Temporary Managing Conservator[s]

4.Petitioner and Respondent should be appointed temporary joint managing conservators [include if applicable: , and Petitioner should be desig­nated as the conservator who has the exclusive right to designate the primary residence of the child[ren]].

4.Petitioner should be appointed temporary sole managing conserva­tor.

5.Payment of Child Support

5.Respondent should be ordered to provide support for the child[ren], including the payment of child support and medical and dental support in the manner specified by the Court, while this case is pending.

6.Temporary Possessory Conservator

6.Petitioner should be appointed temporary possessory conservator.

7.Electronic Communication
§ 153.015(b)

7.The Court should order reasonable periods of electronic communi­cation between the child[ren] and Petitioner to supplement Petitioner’s periods of possession of the child[ren].

8.Military Duty
§§ 153.701–.707

a.Military Duty of Petitioner

8.If Petitioner is awarded the exclusive right to designate the primary residence of the child[ren], the Court should appoint [name] the designated person to exercise the exclusive right to designate the primary residence of the child[ren] during Petitioner’s [military deployment/military mobilization/temporary military duty] or, if Respondent is appointed the designated person to exercise the exclusive right to designate the primary residence of the child[ren] during Petitioner’s [military deployment/military mobilization/temporary military duty], the Court should award to [name] the same visitation to which Respondent is entitled immediately before the temporary order.

If Petitioner is not awarded the exclusive right to designate the primary residence of the child[ren], in addition to a possession order for Petitioner, the Court should award to [name] the same visitation to which Petitioner would be entitled if not ordered to [military deployment/military mobilization/temporary military duty].

b.Military Duty of Respondent

8.If Petitioner is not awarded the exclusive right to designate the pri­mary residence of the child[ren], the Court should appoint Petitioner the desig­nated person to exercise the exclusive right to designate the primary residence of the child[ren] during Respondent’s [military deployment/military mobiliza­tion/temporary military duty].

c.Testimony & Evidence by Electronic Means

After reasonable advance notice and for good cause shown, the Court should allow Petitioner to present testimony and evidence by electronic means, including by teleconference or through the Internet.

9.Residence Restriction
§§ 105.001(a)(1), (4), 153.134(b)(1)(A)

9.The primary residence of the child[ren] should be restricted to [geographic area].

10.School Enrollment§ 105.001(a)

10.[Petitioner should be awarded the exclusive right to enroll the child[ren] in school./The parties should be ordered to enroll the child[ren] in the public schools for the attendance zone of Petitioner’s residence./The parties should be ordered to enroll the child[ren] as follows: [name of child] in [name and address of school] as long as the child is eligible to attend that school [repeat for each child if more than one].]

11.Travel Restriction
§ 105.001(a)(4)

11.Respondent should be enjoined from removing the child[ren] beyond [geographic area], acting directly or in concert with others.

12.Denial or Restriction of Possession or Access
§ 153.004(d), (d–1), (e)

12.Respondent should be denied access to the child[ren] or, alterna­tively, the Court should render a possession order [in accordance with section 153.004(d–1)(2) of the Texas Family Code/providing that Respondent’s peri­ods of visitation be continuously supervised]. [If Tex. Fam. Code §§ 153.501–.503 (international abduction risk) apply, see form 55-1 for further restrictions.]

13.Child Custody Evaluation

13.The Court should order the preparation of a child custody evalua­tion regarding the circumstances and condition of the child[ren] [,/and] the par­ties [include if applicable: , and the residence of any person requesting conservatorship of, possession of, or access to the child[ren]] and any issue or question relating to the suit at the request of the Court before or during the evaluation process.

14.Psychological or Psychiatric Evaluation

14.The Court should order the [psychological/psychiatric] evaluation of [name[s]] and the child[ren].

15.Parent Education and Family Stabilization Course
§ 105.009

15.The Court should order the parties to attend a parent education and family stabilization course.

16.Parenting Coordinator/Facilitator
§§ 153.605(a), (b), 153.6051(a), (b)

16.The Court should appoint a parenting [coordinator/facilitator/coordinator or facilitator].

17.Appointment of Ad Litem or Amicus

17.The Court should appoint a guardian ad litem to represent the best interests of the child[ren].

17.The Court should appoint an attorney ad litem to provide legal ser­vices for the child[ren].

17.The Court should appoint an amicus attorney to provide legal ser­vices necessary to assist the Court in protecting the best interests of the child[ren].

18.Tax Returns

18.The Court should order Respondent to produce copies of income tax returns for tax years [years], a financial statement, and current pay stubs by a date certain.

19.Request for Temporary Support

19.The Court should order Respondent to pay support to Petitioner until a final decree is signed.

20.Request for Attorney’s Fees and Expenses

20.The Court should order Respondent to pay reasonable interim attor­ney’s fees and expenses.

21.Income Taxes

21.The Court should order Respondent to pay estimated income taxes on due dates as required by the Internal Revenue Service and under the Social Security numbers of both Petitioner and Respondent.

22.Property Taxes and Insurance

22.The Court should order Respondent to pay any ad valorem taxes and insurance premiums as due on [the properties of the parties/the following property: [list property]].

23.Inventory and Appraisement

23.The Court should order Respondent to provide a sworn inventory and appraisement of all the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties substan­tially in the form and detail prescribed by the current edition of Texas Family Law Practice Manual, form 7-1.

24.Copies of Tax Information

24.The Court should order Respondent to produce copies of all the tax information necessary to prepare Petitioner’s tax return[s] for tax year[s] [year[s]], including tax returns and all supporting schedules for year[s] [year[s]], by a date certain.

25.ADR Participation

25.The Court should order [Respondent/the parties] to participate in an alternative dispute resolution process before trial of this matter.

26.Execution of Releases

26.The Court should order Respondent to execute all necessary releases required by Petitioner to obtain any discovery allowed by the Texas Rules of Civil Procedure.

27.Execution of HIPAA Releases

27.The Court should order Respondent to execute all necessary releases pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508 to permit Petitioner to obtain health-care information regarding the child[ren].

28.Execution of HIPAA Authorizations

28.The Court should order Respondent to execute for all health-care providers of the child[ren] an authorization for disclosure of protected health information to Petitioner pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508.

29.Designation of Petitioner in HIPAA Authorizations

29.The Court should order Respondent to designate Petitioner as a per­son to whom protected health information regarding the child[ren] may be dis­closed whenever Respondent executes an authorization for disclosure of protected health information pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508.

30.Pretrial Conference

30.The Court should order a pretrial conference to simplify the issues in this case and determine the stipulations of the parties and for any other mat­ters the Court deems appropriate.

31.Other Relief

31.The Court should make all other and further orders respecting the property and the parties that are pleaded for or that are deemed necessary and equitable [include if applicable: and for the safety and welfare of the child[ren]].

SIGNED on ______________________________ at ____________ __.m.

   
JUDGE PRESIDING