Form 33-7

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Motion to Revoke Suspension of Commitment and Order to Appear

This Motion to Revoke Suspension of Commitment is brought by [name of movant], Movant, who requests the Court to revoke the suspension of a commitment previously ordered by this Court. Respondent is [name of respondent], who should be served with process [include if applicable: at [address, city, state, zip code]]. In support, Movant shows:

1.On [date] this Court signed an order that appears in the minutes of this Court in which Respondent was found to be in contempt of this Court. That order states in relevant part as follows: [quote exact language of the order that the respondent has disobeyed].

1.On [date] this Court signed an order that appears in the minutes of this Court in which Respondent was found to be in contempt of this Court. The relevant portion[s] of the order [is/are] attached as Exhibit [exhibit number/letter].

2.Respondent has failed to comply with the terms and conditions of suspension as follows:

Movant requests that the Court order Respondent’s arrest by warrant and that Respon­dent be brought promptly before the Court after arrest.

Movant requests that the previous suspension of commitment be revoked and that Respondent be committed in accordance with the prior order.

3.It was necessary to secure the services of [name of attorney], a licensed attorney, to enforce and protect the rights of [name] and the child[ren] the subject of this suit. Respon­dent should be ordered to pay reasonable attorney’s fees, expenses, and costs, and a judgment should be rendered in favor of the attorney and against Respondent and be ordered paid directly to the undersigned attorney, who may enforce the judgment in the attorney’s own name. Movant requests postjudgment interest as allowed by law.

4.Movant objects to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial.

Movant prays that the suspension of commitment previously ordered be revoked and that Respondent be committed to the county jail in accordance with the prior order.

Movant prays that Respondent be further confined in the county jail until Respondent has paid the reasonable attorney’s fees and costs in this proceeding.

   
[Name]
Attorney for Movant
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]

Verification

The undersigned states under oath: “I am Movant in the foregoing Motion to Revoke Suspension of Commitment. I have personal knowledge of the facts and allegations stated in it, and they are true and correct.”

   
Movant

SIGNED under oath before me on ______________________________.

   
Notary Public, State of Texas

Order to Appear

Respondent, [name of respondent], is ORDERED to appear before this Court on __________________ at ____________ __.m. and respond to this Motion to Revoke Suspen­sion of Commitment. The purpose of this hearing is to determine whether Respondent has vio­lated one or more terms or conditions of the prior suspension of commitment as alleged in this Motion to Revoke Suspension of Commitment, whether a further attorney’s fee and costs should be assessed against Respondent, and whether Respondent should be immediately con­fined in jail as assessed in the prior order.

SIGNED on ________________________________.

   
JUDGE PRESIDING