Form 41-7

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Temporary Restraining Order and Order Setting Hearing for Temporary Orders

The application of Petitioner, [name of petitioner], for temporary restraining orders was presented to the Court today. The child[ren] the subject of this suit [is/are] [name[s] of child[ren]]. Respondent is [name of respondent].

1.Temporary Restraining Order

The Court examined the pleadings [include if section 105.001(c) relief is sought: and affidavit] of Petitioner and finds that Petitioner is entitled to a tem­porary restraining order [include if third party[ies] involved: and that unless Respondent is immediately restrained from the commission of the act[s] pro­hibited below, Respondent will commit [that/those] act[s] before notice of the hearing on temporary injunction can be served and a hearing had].

IT IS THEREFORE ORDERED that the clerk of this Court issue a tem­porary restraining order restraining Respondent, and Respondent is immedi­ately restrained, from:

1.A.Disturbing Child[ren] or Another Party

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

1.B.Withdrawing Child[ren] from School or Day Care

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

1.C.Hiding Child[ren] from Petitioner

Hiding or secreting the child[ren] from Petitioner.

1.D.Disparaging Remarks

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

1.E.Consumption of Alcohol

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

1.F.Affecting Health or Dental Insurance

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 health or dental insurance policy insuring the child[ren].

2.Required in All Restraining Orders

This restraining order is effective immediately and shall continue in force and effect until further order of this Court or until it expires by operation of law. This order shall be binding on Respondent; on Respondent’s agents, servants, and employees; and on those persons in active concert or participa­tion with them who receive actual notice of this order by personal service or otherwise. The requirement of a bond is waived.

3.Hearing for Temporary Relief

IT IS FURTHER ORDERED that the clerk shall issue notice to Respon­dent, [name of respondent], to appear, 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 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. The purpose of the hearing is to determine whether, while this case is pending:

3.A.TRO Made Temporary Injunction

The preceding temporary restraining order should be made a temporary injunction pending final hearing.

3.B.Temporary Injunction

The additional temporary injunction prayed for should be granted.

3.C.Temporary Joint Managing Conservators

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

3.D.Temporary Conservator with Right to Designate Primary Residence

[Petitioner/Respondent] should be appointed the temporary conservator who has the right to designate the primary residence of the child[ren].

3.E.Temporary Support

[Petitioner/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.

3.F.Temporary Conservator without Right to Designate Primary Residence

[Petitioner/Respondent] should be appointed the temporary conservator who does not have the right to designate the primary residence of the child[ren].

3.G.Electronic Communication
§ 153.015(b)

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].

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

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

3.I.School Enrollment
§ 105.001(a)

[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].]

3.J.Travel Restriction
§ 105.001(a)(4)

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

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

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 parental abduction risk) apply, see form 55-1 for further restrictions.]

3.L.Child Custody Evaluation

 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.

3.M.Psychological or Psychiatric Evaluation

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

3.N.Parent Education and Family Stabilization Course
§ 105.009

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

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

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

3.P.Ad Litem or Amicus

3.P.1.Guardian Ad Litem

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

3.P.2.Attorney Ad Litem

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

3.P.3.Amicus Attorney

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].

3.Q.ADR Participation

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

3.R.Tax Returns

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.

3.S.Execution of Releases

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.

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].

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.

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.

3.T.Interim Attorney’s Fees

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

3.U.Pretrial Conference

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.

3.V.Other Relief

The Court should make all other and further orders that are pleaded for or that are deemed necessary for the safety and welfare of the child[ren].

SIGNED on ______________________________ at ____________ __.m.

   
JUDGE PRESIDING