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 Writ Authorizing Entry and Property Retrieval
On [date] a hearing was held in this Court on an application requesting a writ authorizing Applicant, [name], to enter the residence at [address, city], Texas, accompanied by a peace officer, and retrieve certain items of personal property.
Applicant [appropriate recitation concerning appearance; see form 21-15].
The current occupant of the residence, [name of current occupant], [appropriate recitation concerning appearance; see form 21-15].
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.
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, and 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.
Applicant is ORDERED to post with the clerk of this Court a bond payable to [name of current resident] in the amount of [number] dollars ($[amount]) conditioned on Applicant’s paying all damages and costs adjudged against Applicant for wrongful property retrieval.
IT IS THEREFORE ORDERED that, upon filing of the bond in the amount specified above, the clerk of this Court immediately issue a writ 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