Form 61-13

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Original Petition to Enjoin Harassing Behavior

1.Discovery in this case is intended to be conducted under [level 2/level 3] of rule 190 of the Texas Rules of Civil Procedure. [If level 3, see form 5-1.]

Preservation of Evidence: Respondent is put on notice to preserve and not destroy, con­ceal, or alter any evidence or potential evidence relevant to the issues in this case, including tangible documents or items in Respondent’s possession or subject to Respondent’s control and electronic documents, files, or other data generated by or stored on Respondent’s home computer, work computer, storage media, portable systems, electronic devices, online reposi­tories, or cell phone.

2.The damages sought in this case are within the jurisdictional limits of this Court. Petitioner seeks [monetary relief of $250,000 or less and nonmonetary relief/monetary relief over $250,000 but not more than $1,000,000/monetary relief over $1,000,000].

3.This suit is brought by [name of petitioner], Petitioner, who is a resident of [county] County, [state]. [The last three numbers of Petitioner’s driver’s license number are [numbers]./Petitioner has not been issued a driver’s license.] [The last three numbers of Peti­tioner’s Social Security number are [numbers]./Petitioner has not been issued a Social Secu­rity number.]

Respondent is [name of respondent], who is a resident of [county] County, [state]. Respondent should be served with process [include if applicable: at [address, city, state, zip code]].

4.Petitioner and Respondent were divorced on [date]. Since the date of divorce, Respondent has engaged in a course of conduct calculated [generally describe respondent’s conduct, e.g., to harass, embarrass, and annoy Petitioner/to destroy or significantly impair the relationship existing between Petitioner and the child[ren] of the parties/to seriously jeopar­dize Petitioner’s employment with [name of employer]].

5.In particular, Respondent has [describe in detail the conduct of respondent that adversely affects petitioner].

6.Petitioner will suffer irreparable harm, damage, and injury unless Respondent is restrained immediately and without notice and hearing from committing the acts described above, because [describe the manner in which the conduct of respondent is adversely affecting petitioner].

7.Petitioner has no adequate remedy at law for the harm and damage Petitioner has suffered and is suffering as a result of Respondent’s conduct. [If the facts alleged above do not demonstrate why petitioner has no adequate remedy at law, specify why no remedy exists, e.g.: No award of monetary damages can compensate Petitioner for the loss of the affection of Peti­tioner’s child[ren].]

8.Petitioner requests that the Court assess an appropriate bond.

9.Petitioner prays that citation and notice issue as required by law and that:

a.The Court issue a temporary restraining order restraining Respondent imme­diately and without notice from the acts set forth in this petition.

b.After notice and hearing, the temporary restraining order be made a tempo­rary injunction.

c.A permanent injunction be entered on final trial enjoining Respondent perma­nently from the acts set forth in this petition.

d.The Court set a bond as appropriate.

e.Petitioner be awarded all costs of court and all further relief, at law and in equity, general and special, to which Petitioner is entitled.

   
[Name]
Attorney for Petitioner
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]

Verification

I, [name of petitioner], Petitioner, swear under oath that the facts stated in the above Original Petition to Enjoin Harassing Behavior are true and correct.

   
[Name of petitioner]

SIGNED under oath before me on ______________________________.

   
Notary Public, State of Texas