Form 31-7

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Order of Enforcement by Contempt and Suspension of Commitment (Property Division)

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

Appearances

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.

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

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

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:

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.

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].

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 to this order as Exhibit [exhibit number/letter].

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

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

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

The Court further finds that attorney’s fees 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.

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]].

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].

Suspension of Commitment [and Community Supervision]

IT IS FURTHER ORDERED that commitment is suspended [include if applicable: and Respondent placed on community supervision for a period of [specify]] on the following terms and conditions:

1.[Enumerate and describe each specific act required of the contemner, in separate paragraphs and in detail, including (as applicable) the date, time, and place of each required act. Make certain that the enumerated acts are written in command language.]

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

3.IT IS ORDERED that Respondent pay, by cash, cashier’s check, or money order, as attorney’s fees, expenses, and costs, [number] dollars ($[amount]) to [name] at [address] by [time] on [date]. The attorney may enforce this order for attorney’s fees, expenses, and costs in the attorney’s own name.

4.IT IS ORDERED that Respondent report to the community supervision officer as follows: [specify times and other conditions].

5.IT IS ORDERED that Respondent permit the community supervision officer to visit Respondent at Respondent’s home or elsewhere as follows: [specify times and other con­ditions].

6.IT IS ORDERED that Respondent pay a community supervision fee of [number] dollars ($[amount]), by cash, cashier’s check, or money order, to the Court through [name of agency] during the community supervision period beginning [date] and on every [day of week] thereafter until the period of community supervision is over.

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. Any amounts paid under paragraph 3. above shall be credited against this judgment.

Relief Not Granted

All relief requested and not expressly granted is denied.

SIGNED on ________________________________.

   
JUDGE PRESIDING