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Chapter 31

Practice Notes Forms

Form 31-10

Include the following notice if the order contains unredacted sen­sitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Order Holding Respondent in Contempt and for Commitment to County Jail (Property Division)

On [date] the Court heard Petitioner’s Petition for Enforcement of Property Division by Contempt.

Appearances

Include appropriate recitations concerning appearances. See form 21-15.

Jurisdiction

The Court, after examining the record and the evidence and argument of counsel, finds that it has jurisdiction over the subject matter and the parties in this case. All persons entitled to citation were properly cited.

Record

The record of testimony was duly reported by [[name, address]/the court reporter for the [designation] Court].

Jury

The Court having found Respondent not entitled to a jury, all questions of fact and of law were submitted to the Court.

Or

A jury was waived, and all questions of fact and of law were submitted to the Court.

Or

A jury was selected, questions of fact were submitted to the jury, and a verdict was returned and duly filed.

Include the following paragraphs if part of the prior order is clarified.

Clarification of Prior Order

The Court finds that certain terms of the prior order of the Court are not specific enough to be enforced by contempt, that the prior order should be clarified, and that Respondent should be ordered to comply with the terms of the clarifying order no later than [date].

IT IS ORDERED that the prior order of the Court is clarified as follows:

Set out in specific language the complete terms of the clarify­ing order. Be sure that the clarifying order does not substan­tively modify the prior order and that all terms necessary for an enforcement action are incorporated.

IT IS FURTHER ORDERED that all terms of the prior order that are not clarified in this order shall remain in full force and effect. IT IS FURTHER ORDERED that Respondent shall com­ply with the terms of the prior order that are clarified in this order no later than [date], after which these clarifying orders may be enforced by contempt.

Continue with the following.

Findings

The Court finds that Respondent is guilty of separate violations of the order signed on [date] that appears in the minutes of this Court and states in relevant part as follows: [quote the exact language of the order to be enforced].

Or

The Court finds that Respondent is guilty of separate violations of the order signed on [date] that appears in the minutes of this Court, the relevant portion[s] of which [is/are] attached as Exhibit [exhibit number/letter].

Continue with the following.

The Court further finds that Respondent has failed to comply with and has violated the provisions of the order as follows:

List each specific failure to comply by the respondent in detail, including the date, place, and, if applicable, time of each sepa­rate failure to comply.

For example:

Violation 1.   Respondent failed to comply with the order by failing to deliver to Petitioner at her residence, between 4:45 p.m. and 5:00 p.m. on March 1, 2020, the twelve place settings of Lenox china, Autumn pattern, although Respondent was able to comply at that time.

The Court specifically finds that Respondent is in contempt for each separate violation enumerated above.

Include the following if civil contempt is to be assessed.

The Court further finds that on the day of this hearing Respondent had the ability to comply with the prior order of the Court.

Continue with the following.

The Court further finds that attorney’s fees, expenses, and costs of $[amount] should be assessed against Respondent.

Relief Granted

IT IS ADJUDGED that Respondent, [name of respondent], is in contempt for each sep­arate violation enumerated above.

Include the following provisions for criminal contempt, for civil contempt, or for both criminal and civil contempt, as applicable.

Criminal Contempt

IT IS ORDERED that punishment for each separate violation is assessed at a fine of [number] dollars ($[amount]) and confinement in the county jail of [county] County, Texas, for a period of [specify].

IT IS THEREFORE ORDERED that Respondent is committed to the county jail of [county] County, Texas, for a period of [specify] for each separate violation enumerated above.

IT IS ORDERED that each period of confinement assessed in this order shall run and be satisfied [concurrently/consecutively, not to exceed a cumulative total of [number] [days/months]].

IT IS ORDERED that the sheriff of [county] County, Texas, shall take custody of Respondent and commit [him/her] to the [county] County jail to serve the sentence for crimi­nal contempt as set forth above.

If each period of confinement assessed is to run and be satis­fied consecutively, confinement may not exceed a cumulative total of eighteen months for three or more periods of confine­ment arising out of the same matter. Tex. Gov’t Code § 21.002(h).

And/Or

Civil Contempt

IT IS ORDERED that Respondent, [name of respondent], shall [be/thereafter be fur­ther] confined in the county jail of [county] County, Texas, for a period not to exceed eighteen months [include if applicable: , including time served for criminal contempt,] or until Respon­dent has complied with the following orders, whichever occurs first. IT IS ORDERED that Respondent [enumerate and describe each specific act required of the respondent, in separate items and in detail].

IT IS ORDERED that the sheriff of [county] County, Texas, shall take custody of Respondent and commit [him/her] to the [county] County jail until [he/she] has purged [him­self/herself] of [his/her] contempt pursuant to the terms set forth above.

The total sentence for civil and criminal contempt combined is limited to eighteen months. Tex. Gov’t Code § 21.002(h).

Continue with the following.

Attorney’s Fees

IT IS ORDERED that a judgment is awarded to [name of attorney] in the amount of [number] dollars ($[amount]) for reasonable attorney’s fees, expenses, and costs incurred by [name of party], with interest at [percent] percent per year compounded annually from the date the judgment is signed until paid. The judgment, for which let execution issue, is awarded against [name of respondent], Respondent, and Respondent is ORDERED to pay the fees, expenses, costs, and interest, by cash, cashier’s check, or money order, directly to [name of attorney] at [address] on or before [date]. [Name of attorney] may enforce this judgment for fees, expenses, and costs in [his/her] own name by any means available for the enforcement of a judgment for debt.

Costs

IT IS ORDERED that costs of court of [number] dollars ($[amount]) are taxed against Respondent, and [name of respondent], Respondent, is ORDERED to pay those costs, by cash, cashier’s check, or money order, to [name], [the District Clerk of [county] County, Texas/Petitioner/Petitioner’s attorney], at [address] on or before [time] on [date].

Issuance of Process

IT IS ORDERED that all writs and other process necessary for the enforcement of this order be issued.

Relief Not Granted

All relief requested and not expressly granted is denied.

SIGNED on ________________________________.

   
JUDGE PRESIDING

If applicable, attach the exhibit containing a copy of the relevant portion(s) of the order.

If a separate writ of commitment is needed, see form 35-1. For forms for issuance of capias, see forms 35-2 and 35-3.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Forms 31-11 through 31-20 are reserved.