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Include the following notice if a minor is named in the caption or if the order contains other 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 for Capias [and Setting of Bond]
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Use the following for capias based on failure to appear. |
On [date] the Court heard [Petitioner’s/Movant’s] [enforcement petition or motion]. [Petitioner/Movant] appeared and requested that a capias be issued for the arrest of Respondent for failure to appear.
The Court, after reviewing the pleadings and hearing the argument of counsel, finds that this matter was duly and properly set for hearing on [date] at [time] at [location of court] and that Respondent failed to appear.
The Court further finds that Respondent was personally served with timely notice to appear at the above time, place, and date.
The Court further finds that the request for writ of capias should be granted.
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In action for enforcement of child support or possession and access, include the following if bond greater than minimum is sought. |
The Court further finds that there is evidence that Respondent has [attempted to evade service of process/previously been found guilty of contempt/accrued child support arrearages of more than $1,000], that a cash bond of $250 or an appearance bond of $1,000 would not be reasonable under the circumstances, and that a reasonable [cash/appearance] bond of $[amount] would be reasonable, conditioned on Respondent’s promise to appear in Court for a hearing as required by the Court without further personal service of notice.
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Use the following for capias based on motion to revoke community supervision. |
On [date], [Petitioner’s/Movant’s] Motion to Revoke Suspension of Commitment and Order to Appear was presented to the Court.
The Court finds that the motion to revoke suspension of commitment alleges a prima facie case that Respondent has violated a term or condition of community supervision.
The Court finds that a writ of capias should be issued for the arrest of Respondent.
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Continue with the following. |
IT IS ORDERED that the clerk of this Court issue a writ of capias, directed to the sheriff or any peace officer of any county within the state of Texas, commanding that sheriff or peace officer to take the body of [name of respondent], Respondent, and bring [him/her] before this Court to answer the allegations of the [[enforcement petition or motion] previously served on Respondent/motion to revoke].
IT IS ORDERED that the detaining authority shall notify the Court of Respondent’s arrest immediately following Respondent’s arrest.
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Include the following for capias based on failure to appear. |
IT IS ORDERED that Respondent shall be permitted to post [a cash bond only of [number] dollars ($[amount]), such sum to be deposited in the registry of this Court and/an appearance bond of [number] dollars ($[amount])] subject to forfeiture in accordance with law if Respondent fails to appear for hearing on the court date following release from custody.
If Respondent attempts to post bond, IT IS ORDERED that the detaining authority contact the Court before Respondent’s release to determine the date and time of the hearing and include such information in the bond conditions.
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Continue with the following. |
SIGNED on ________________________________.
JUDGE PRESIDING