Form 61-13

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Original Petition to Enjoin Harassing Behavior

1.Discovery in this case is intended to be conducted under [level 2/level 3] of rule 190 of the Texas Rules of Civil Procedure. [If level 3, see form 5-1.]

2.This suit is brought by [name of petitioner], Petitioner, who is a resident of [county] County, [state]. [The last three numbers of Petitioner’s driver’s license number are [numbers]./Petitioner has not been issued a driver’s license.] [The last three numbers of Peti­tioner’s Social Security number are [numbers]./Petitioner has not been issued a Social Secu­rity number.]

Respondent is [name of respondent], who is a resident of [county] County, [state]. Respondent should be served with process [include if applicable: at [address, city, state, zip code]].

3.Petitioner and Respondent were divorced on [date]. Since the date of divorce, Respondent has engaged in a course of conduct calculated [generally describe respondent’s conduct, e.g., to harass, embarrass, and annoy Petitioner/to destroy or significantly impair the relationship existing between Petitioner and the child[ren] of the parties/to seriously jeopar­dize Petitioner’s employment with [name of employer]].

4.In particular, Respondent has [describe in detail the conduct of respondent that adversely affects petitioner].

5.Petitioner will suffer irreparable harm, damage, and injury unless Respondent is restrained immediately and without notice and hearing from committing the acts described above, because [describe the manner in which the conduct of respondent is adversely affecting petitioner].

6.Petitioner has no adequate remedy at law for the harm and damage Petitioner has suffered and is suffering as a result of Respondent’s conduct. [If the facts alleged above do not demonstrate why petitioner has no adequate remedy at law, specify why no remedy exists, e.g.: No award of monetary damages can compensate Petitioner for the loss of the affection of Peti­tioner’s child[ren].]

7.Petitioner requests that the Court assess an appropriate bond.

8.Petitioner prays that citation and notice issue as required by law and that:

a.The Court issue a temporary restraining order restraining Respondent imme­diately and without notice from the acts set forth in this petition.

b.After notice and hearing, the temporary restraining order be made a tempo­rary injunction.

c.A permanent injunction be entered on final trial enjoining Respondent perma­nently from the acts set forth in this petition.

d.The Court set a bond as appropriate.

e.Petitioner be awarded all costs of court and all further relief, at law and in equity, general and special, to which Petitioner is entitled.

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

Verification

I, [name of petitioner], Petitioner, swear under oath that the facts stated in the above Original Petition to Enjoin Harassing Behavior are true and correct.

   
[Name of petitioner]

SIGNED under oath before me on ______________________________.

   
Notary Public, State of Texas