Form 64-1

If the applicant and the current occupant are parties to a pending suit under title 1 of the Texas Family Code, the application is filed in the court in which the suit is pending. If the applicant’s right to posses­sion of the property is subject to a decree of divorce or annulment to which the applicant and the cur­rent occupant are parties, the application is filed in the court having jurisdiction of the divorce or annulment. Tex. Prop. Code § 24A.002(a–1).

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Application for Writ Authorizing Entry and Property Retrieval

Applicant, [name], requests a writ authorizing Applicant to enter the residence at [address, city], Texas, accompanied by a peace officer, and retrieve the items of personal property described below.

1.Applicant certifies that Applicant is unable to enter the residence because the cur­rent occupant of the residence, [name of current occupant], has denied Applicant access to the residence [include if applicable: and poses a clear and present danger of family violence to [Applicant/[and]/[name], Applicant’s dependent].

2.Applicant certifies that, to the best of Applicant’s knowledge, Applicant is not the subject of an active protective order under title 4 of the Texas Family Code, a magistrate’s order for emergency protection under article 17.292 of the Texas Code of Criminal Procedure, or another court order prohibiting entry to the residence and is not otherwise prohibited by law from entering the residence.

3.Applicant certifies that, to the best of Applicant’s knowledge, Applicant and [name of current occupant] are parties to a suit under title 1 of the Texas Family Code that is pending in this Court.

3.Applicant certifies that, to the best of Applicant’s knowledge, Applicant’s right to possession of the items of personal property is subject to a decree of [divorce/annulment], issued by this Court, to which Applicant and [name of current occupant] are parties.

4.[Applicant/[name], Applicant’s dependent,/Applicant and [name], Applicant’s dependent,] require[s] personal items located in the residence that are only of the following types: [include as applicable: medical records; medicine and medical supplies; clothing; child-care items; legal or financial documents; checks or bank or credit cards in Applicant’s name; employment records; personal identification documents; copies of electronic records contain­ing legal or financial documents; assistance animals or service animals, as defined by section 121.002 of the Texas Human Resources Code, used by [Applicant/[name of dependent]/Applicant and [name of dependent]]; wireless communication devices, as defined by section 545.425(a) of the Texas Transportation Code, of [Applicant/[name of dependent]/Applicant and [name of dependent]]; tools, equipment, books, and apparatus used by Applicant in Applicant’s trade or profession].

5.The items of property that Applicant intends to retrieve are described as follows: [specifically describe the items].

6.[Applicant/[name of dependent]/Applicant and [name of dependent]] will suffer [include if seeking a temporary ex parte order: immediate and irreparable] personal harm if the items of property are not retrieved promptly.

7.[A lease/[describe other documentary evidence]] showing that Applicant [is cur­rently/was formerly] authorized to occupy the residence is attached as Exhibit [exhibit num­ber/letter].

8.Applicant prays that the Court immediately issue its writ authorizing Applicant to enter the residence and retrieve the property as requested above and that a peace officer be directed to accompany Applicant in doing so.

Applicant further requests that Respondent be ordered to pay all costs of court.

Applicant prays for recovery of all relief requested and for all general relief to which this Court may deem Applicant entitled.

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