Texas Temporary Restraining Order and Notice

Ex Parte Temporary Restraining Order and Order Setting Hearing for Temporary Orders

NO.

IN THE MATTER OF § IN THE DISTRICT COURT

THE MARRIAGE OF §

§ OF COUNTY, TEXAS

§

AND § JUDICIAL DISTRICT

§

EX PARTE TEMPORARY RESTRAINING ORDER AND
ORDER SETTING HEARING FOR TEMPORARY ORDERS

On this day the application of Petitioner for an Ex Parte Temporary Restraining Order was presented to the Court. The Court having examined the pleadings of Petitioner finds that Petitioner is entitled to a Temporary Restraining Order.

IT IS, THEREFORE, ORDERED that the Clerk of this Court shall issue a Temporary Restraining Order immediately restraining Respondent, , from the following:

1. Communicating with Petitioner in person, by telephone, or in writing in a vulgar, profane, obscene, or indecent language, or in a coarse or offensive manner with the intent to annoy or alarm Petitioner.

2. Threatening Petitioner in person, by telephone, or in writing, to take unlawful action against any person intending by this action to annoy or alarm Petitioner.

3. Placing one or more telephone calls, anonymously, at any unreasonable hour in an offensive or repetitive manner without legitimate purpose of communication with the intent to annoy or alarm Petitioner.

4. Causing bodily injury to Petitioner, any child of Petitioner, Petitioner*s family, friends, or business associates.

5. Threatening Petitioner or any child of Petitioner, Petitioner*s family, friends, or business associates with imminent bodily harm.

6. Destroying, moving, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of the parties or either of them with the intent to obstruct the authority of this Court to order a division of the estate of the parties in a manner that the Court deems just and right, having due regards for the rights of each party.

7. Falsifying any writing or record relating to the property of either party.

8. Misrepresenting or refusing to disclose to Petitioner or to the Court on proper request the existence, amount, or location of any property of the parties or either of them.

9. Damaging or destroying the tangible property of the parties, or either of them, including any documents that represent or embody anything of value.

10. Tampering with the tangible property of the parties, or either of them, including any document that represents or embodies anything of value, and causing pecuniary loss or substantial inconvenience to Petitioner.

11. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of Petitioner or Respondent, whether personalty or realty, and whether separate or community, except as specifically authorized by order of this Court.

12. Incurring any indebtedness, other than legal expenses in connection with this suit, except as specifically authorized by order of this Court.

13. Making withdrawals from any checking, savings, or other account in any financial institution for any purpose, except as specifically authorized by order of this Court.

14. Spending any sum of cash in Respondent*s possession or subject to Respondent*s control for any purpose, except as specifically authorized by order of this Court.

15. Making any withdrawal for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan or employee savings plan or from any individual retirement account.

16. Entering any safe-deposit box and/or storage facility in the name of or subject to the control of Petitioner or Respondent, whether individually or jointly with others.

17. Withdrawing or borrowing in any manner all or any part of the cash surrender value of life insurance policies on the life of Petitioner or Respondent.

18. Changing or in any manner altering the beneficiary designation on any life insurance on the life of Petitioner or Respondent.

19. Canceling, altering, or in any manner affecting any casualty, automobile, or health insurance policies insuring the parties* property or persons.

20. Terminating or in any manner affecting the service of water, electricity, gas, telephone, cable television, or other contractual services, such as security, pest control, landscaping, or yard maintenance, at or in any manner attempting to withdraw any deposits for service in connection with such services.

21. Excluding Petitioner from the use and enjoyment of the residence located at .

22. Opening or diverting mail addressed to Petitioner.

23. Signing or endorsing Petitioner*s name on any negotiable instrument, check, or draft, such as tax refunds, insurance payments, and dividends, or attempting to negotiate any negotiable instrument payable to Petitioner without the personal signature of Petitioner.

24. Taking any action to terminate or limit credit or charge cards in the name of Petitioner.

25. Entering, operating, or exercising control over the automobile in the possession of Petitioner.

26. Doing any act calculated to embarrass, harass, molest, injure, or humiliate Petitioner, any child of Petitioner, Petitioner*s family, friends, or business associates.

IT IS ORDERED AND DECREED that Respondent is authorized only as follows:

1. To make expenditures for reasonable attorney*s fees and expenses in connection with this suit.

2. To make expenditures for reasonable, necessary, and customary living expenses for food, clothing, shelter, transportation, and medical care.

3. To make reasonable expenditures and incur reasonable and customary indebtedness in the usual an ordinary course of conducting respondent*s business.

IT IS ORDERED AND DECREED that this Temporary Restraining Order is effective immediately and shall continue in full force an effect until further order of this Court or until it expires by operation of law.

IT IS ORDERED AND DECREED that this Temporary Restraining Order is binding upon Respondent, upon Respondent*s agents, servants, and employees, and on those persons in active concert or participation with Respondent, Respondent*s agents, servants, or employees who receive actual notice of this Order by personal service or otherwise.

IT IS ORDERED AND DECREED that the requirement of a bond is hereby waived.

IT IS ORDERED that the clerk of this Court shall issue notice to Respondent, , to appear, and respondent is hereby ORDERED to appear before the Associate Judge of the Judicial District Court in the Courthouse, , County, Texas, on the day of , 20 , at o’clock .

The purpose of the hearing is to determine during the pendency of this suit:

1. Whether the preceding Temporary Restraining Order should be made a temporary injunction pending the final hearing hereon;

2. Whether the additional Temporary Injunction as prayed for should be granted.

3. Whether Petitioner should be awarded the exclusive use and possession of the parties* residence and the furniture, furnishings, and appliances located therein, during the pendency of this suit.

4. Whether Respondent should be enjoined from entering and remaining on the premises of the residence except as authorized by order of this Court.

5. Whether Petitioner should be awarded the exclusive use and control of the motor vehicle, and Respondent should be enjoined from entering, operating, or exercising control over it.

6. Whether Petitioner should be awarded exclusive use of other miscellaneous property of the parties during the pendency of this suit.

7. Whether the Court should order Respondent to pay support to Petitioner until a final decree is signed.

8. Whether the Court should order Respondent to pay interim attorney*s fees and anticipated costs and expenses.

9. Whether the Court should order Respondent to file a Sworn Inventory and Appraisement of all separate and community property owned by the parties and all debts and liabilities owed by the parties.

10. Whether the Court should order Respondent to produce copies of the parties, income tax returns together with any and all supporting schedules and information returns used in connection with their original income tax returns for each tax year from date of marriage through the present, inclusive, and such other documents the Court may deem necessary and equitable.

11. Whether the Court should order Respondent to produce other books, papers, and documents and tangible things that this Court deems necessary and equitable.

12. Whether the Court should appoint a Receiver for the preservation and protection of the property of the parties.

13. Whether the Court should enter an Order specifically limiting expenditures by Respondent for personal living expenses and/or business expenses to a set amount and/or for certain matters only, including the imposition of a limit on all credit purchases and/or the incurrence of debt or use of credit cards.

14. Whether the Court should enter a pretrial conference to simplify the issues in this case, determine the stipulations of the parties, and set discovery deadlines and such other matters as the Court may deem appropriate.

15. Whether the Court should order Respondent to execute authorizations to various third parties to allow Petitioner*s counsel to obtain documentation and records.

16. Whether the Court should make such other and further orders respecting the property and the parties as pleaded for or as may be deemed necessary and equitable for the safety and welfare of the parties.

SIGNED this day of , 20 at o’clock .