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 Temporary Ex Parte Writ Authorizing Entry and Property Retrieval
On [date] the application of [name], Applicant, requesting authorization to enter the residence at [address, city], Texas, accompanied by a peace officer, and retrieve certain items of personal property was presented to the Court. The Court finds that Applicant is unable to enter the residence because [name of current occupant] has denied Applicant access to the residence to retrieve Applicant’s personal property and that [name of current occupant] poses a clear and present danger of family violence to [Applicant/[and]/[name], Applicant’s dependent].
The Court further finds that
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Select one of the following. |
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.
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Or |
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.
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Continue with the following. |
The Court further finds that 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.
The Court further finds that Applicant [is currently/was formerly] authorized to occupy the residence, according to documentary evidence submitted to the Court.
The Court further finds that there is a risk of personal harm to [Applicant/[and]/[name], Applicant’s dependent,] if the property listed in the application is not retrieved promptly and that such personal harm will be immediate and irreparable if the application is not granted.
The Court waives the requirement of a bond.
IT IS THEREFORE ORDERED that the clerk of this Court immediately issue a writ, effective for [specify period not to exceed five days], authorizing Applicant, [name of applicant], to enter the residence at [address, city], Texas, accompanied by a peace officer, and retrieve the following items of personal property: [list specific items described in application].
IT IS FURTHER ORDERED that the [chief of police of the municipality of [municipality]/sheriff of [county] County/constable of Precinct [designation] of [county] County], Texas, is ORDERED to provide a law enforcement officer from [his/her] department to accompany Applicant, [name of applicant], to the residence at [address, city], Texas and assist Applicant in making the authorized entry and retrieving the specified property; to provide [name of current occupant], if present at the time of entry, a copy of the writ; to create an inventory listing the items Applicant retrieves for removal from the residence; to provide a copy of the inventory to Applicant; to provide a copy of the inventory to [name of current occupant], if present, or leave the copy in a conspicuous place in the residence; to return the property to Applicant; and to file the original inventory with this Court.
SIGNED on ________________________________.
JUDGE PRESIDING