Justex.net



NO.

| |§ | |

| |§ |In The District Court |

|Plaintiff |§ | |

| |§ | |

|v. |§ |Harris County, Texas |

| |§ | |

|Defendant |§ | |

| |§ |190th Judicial District |

Show Cause Order

for [NAME]

Background

On [Month] [day] [year], this Court signed “[Name of Order Signed]” [such as “Temporary Injunction”] [List What Order Generally Required] [Such as enjoining Party ABC from the commission of various, specific acts]. The Court’s Order prohibited / required [Name of Party] from / to [list action(s) prohibited or required] [Such as: entering onto or within 1000 feet of certain properties, leaving or placing items of any sort on or within 1000 feet of certain properties, damaging, removing or tampering with property of the Plaintiff].

Specifically, the [Name of Order] [List out specifically what order requires – by quoting the Order] [Such as: enjoined Party ABC from

1) “entering onto or within 1000 feet from Party BCD’s property at 101 Main Street, Houston, Texas 77002”;

2) “entering onto or within 1000 feet from Party BCD’s work place at 202 Work Street, Houston, Texas 77002.”

The Order also [List additional specific acts required or prohibited] [Such as: enjoined Party ABC from:

(4) leaving or placing, by any means, “items of any sort on or within 1000 feet from Party BCD’s property at 101 Main Street, Houston, Texas 77002”;

(5) leaving or placing, by any means, “items of any sort on or within 1000 feet from Party BCD’s work place at 202 Work Street, Houston, Texas 77002”;

(6) damaging or removing or tampering with “any real or personal property of Party BCD, including but not limited to Party BCD’s real and personal properties at 101 Main Street, Houston, Texas 77002”;

(8) contacting “Party BCD in any manner except through the parties’ attorneys including sending text messages or emails to Party BCD”; and

(9) making “derogatory or defamatory remarks to third persons about” Party BCD, unless that third person is the Defendant’s “lawyers or professionals assisting their lawyers, and such remarks [were] made confidentially and in connection with this litigation.”]

Alleged Violations of the [List Date and Name of Order] [Such as: February 13, 2019, Temporary Injunction].

[Name of Moving Party, BCD] alleges that, despite [Name of Party Alleged to be in Contempt, Party ABC] having notice of the clear and unambiguous language in the Court’s [Name of Order] [Such as: Temporary Injunction Order], [Name of Party Alleged to be in Contempt, Party ABC ] violated the Court’s [Name of Order and Date of Order] on the following dates and in the following ways: [List out SPECIFIC DATES and MANNER of violation] [Such as]

1) entering into or within 1000 feet from Party BCD’s work place at 202 Work Street, Houston, Texas 77002 on [Month] [day] [year];

2) leaving or placing items on or within 1000 feet from Party BCD’s work place at 202 Work Street, Houston, Texas 77002 on [Month] [day] [year];

3) damaging or tampering with Party BCD’s real or personal property located at 202 Work Street, Houston, Texas 77002 on [Month] [day] [year].

The Court instructs counsel that Party ABC must be personally served with [Name of Moving Party’s] motion to hold him/her in contempt and any Order to Appear or Show Cause Order. At [Name of Person Alleged in Contempt’s] first appearance the Court will admonish [Name of Person Alleged in Contempt] on the record of his/her rights and warn him/her that if the Court finds him/her to be in violation of the Court’s Orders, he/she could be held criminal contempt. The Court advises [Name of Person Alleged in Contempt] that the potential range of punishment for contempt includes a fine of up to $500 and/or confinement in the Harris County Jail for up to six (6) months, per proven violation.

The Court’s Inherent Authority

When litigants violate court orders relating to a court’s management and administration of its cases, their actions can significantly interfere with the court’s exercise of its jurisdiction, the administration of justice, and the preservation of the independence and integrity of the court and the judiciary as a whole. Under its inherent powers, a court has “all powers necessary for the exercise of its jurisdiction and the enforcement of its lawful orders, including the authority to issue the writs and orders necessary or proper in aid of its jurisdiction.” Tex. Gov’t Code §21.001. In exercising its inherent powers a court may use its coercive and criminal contempt powers, assess monetary sanctions, and/or order the parties and counsel to take certain actions.

This Court’s inherent powers also bestow on the Court the authority to sanction attorneys and parties to lawsuits for conduct that obstructs the core functions of the judiciary. The core functions include hearing evidence, deciding issues of fact raised by the pleadings, deciding questions of law, entering and enforcing orders and final judgments.

If necessary to ensure enforcement of its lawful orders and judgments, the Court may also use its contempt powers to order [Name of Party Alleged in Contempt] confined in the Harris County Jail or to probate such a sentence to ensure compliance with this Court’s valid orders.

In exercising its inherent powers to prevent interference with its core functions and to ensure enforcement of its lawful judgments and orders, the Court may take whatever steps necessary to ensure or impose sanctions to ensure [Name of Party Alleged in Contempt] complies with its orders, including but not limited to ordering [Name of Party Alleged in Contempt] to pay: (a) reasonable attorney fees incurred because of the violation of this Court’s Order; and/or (b) all costs of court for the show cause hearings held in this matter; and/or (c) any other appropriate sanction, including those listed in 215.2 of the Rules of Civil Procedure.

Order

The Court Orders [Name of Party Alleged in Contempt] to appear before this Court at [TIME] on [DATE] in the 190th Judicial District Court, 201 Caroline, 12th Floor, Houston, Texas 77002, to SHOW CAUSE why he/she should not be sanctioned or held in contempt of court for alleged violations of the [Date of Order] entitled [Title of Order Alleged to have been Violated] [Such as: “Order Granting Temporary Injunction.”]

If, at that time, the Court finds that [Name of Party Alleged in Contempt] has not complied with its lawful orders and judgment, it will exercise its enforcement powers, including:

1) Criminal Contempt. If the Court finds [Name of Party Alleged in Contempt] guilty of contempt, punishment may include a fine of up to $500 and a sentence of confinement for up to six (6) months in jail for each act of contempt of court. The Court will have the right and option to defer [Name of Party Alleged in Contempt’s] commitment to jail or to suspend Name of Party Alleged in Contempt’s] commitment to jail on certain specific terms and conditions.

2) Civil Contempt. If the Court finds [Name of Party Alleged in Contempt] has the present ability to comply with this Court’s Order, the Court may hold [Name of Party Alleged in Contempt] in civil contempt, and confine [Name of Party Alleged in Contempt] in the Harris County Jail for up to 18 (eighteen) months or until [Name of Party Alleged in Contempt] complies with this Court’s order, whichever date comes first.

3) Sanctions. Under its inherent powers, a court has “all powers necessary for the exercise of its jurisdiction and the enforcement of its lawful orders, including the authority to issue the writs and orders necessary or proper in aid of its jurisdiction.” Tex. Gov’t Code § 21.001. These sanctions may include, but are not limited to ordering [Name of Party Alleged in Contempt] to pay: (a) reasonable attorney fees incurred in this matter because of his refusal to comply with the Court’s Orders; (b) and/or (b) all costs of court for the contempt and show cause hearings held in this matter; and/or (c) any other appropriate sanction, including those listed in 215.2 of the Rules of Civil Procedure.

4) If [Name of Party Alleged in Contempt] fails to appear before this Court for the hearing scheduled for [Time] on [Date], the Court will issue a writ of attachment to secure his presence. The Court will assess any costs incurred in executing the attachment and necessary confinement against the individual attached.

The Court notes that this Order is NOT a substitute for [Name of Moving Party BCD] Motion for Contempt and/or Motion to Show Cause. [Name of Moving Party] motions for contempt or show cause must be set out [Name of Party Alleged in Contempt] violations of the Court’s orders with specificity. See In re Houston, 92 S.W.3d 870 (Tex. App. – Houston [14th Dist.] 2002) (orig. proceeding). Civil contempt proceedings are quasi-criminal in nature, and [Name of Party Alleged in Contempt], as the alleged contemnor, is entitled to procedural due process throughout the proceedings. Ex parte Johnson, 654 S.W.2d 415, 420 (Tex. 1983). Among the necessary procedural due process rights is [Name of Party Alleged in Contempt] right to reasonable notice of each alleged contumacious act. Before the Court may grant [Name of Moving Party’s] motion for contempt, he must prove beyond a reasonable doubt that [Name of Party Alleged in Contempt] knowingly violated the Court’s [Date and Name of Order Allegedly Violated] See In re Houston, 92 S.W.3d 870 (Tex. App. – Houston [14th Dist.] 2002) (orig. proceeding).

Accordingly, the Court Orders [Name of Moving Party] to have a precept issued by the District Clerk’s Office and to cause [Name of Party Alleged in Contempt] to be personally served with a copy of the precept, of this Order, and of his live Motion(s) to Show Cause and/or Motion(s) for Contempt by a person authorized to serve process under Rule 103 of the Texas Rules of Civil Procedure. The costs for service of the precept, this Order and the Motions shall be taxed as a court cost and awarded to the prevailing party at the conclusion of this matter.

The Court further Orders the Harris County District Clerk to:

a. fax and/ or email a copy of this Order to each counsel and pro se party; and

b. mail a copy of this Order to each counsel and pro se party.

Finally, the Court Orders that the costs of mailing incurred by the District Clerk shall be taxed as a cost of court against the nonprevailing party at the conclusion of this hearing.

This Court Orders the parties and counsel appear before the Court at [Time]. [Date], in the 190th Judicial District Court. At that time, the Court will determine whether [Name of Party Alleged in Contempt] has violated its [Date of Order] [Name of Order Allegedly Violated]. At that time [Name of Party Alleged in Contempt] shall show cause why the Court should not sanction him pursuant to the Court’s inherent powers or held in criminal contempt.

|Signed this date: ________________ | |

|Houston, Texas |

________________________________________

The Honorable Beau A. Miller, Presiding Judge

190th Judicial District Court, Harris County, Texas

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download