Preview
Filed
2/12/2024 10:04 AM
Beverley McGrew Walker
District Clerk
Fort Bend County, Texas
Vanessa Vasquez
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
NO. 23-DCV-311662
IN THE MATTER OF IN THE DISTRICT COURT
THE MARRIAGE OF
AUSTIN MICHAEL SCHRAMM
AND 505TH JUDICIAL DISTRICT
ALEXANDRA GARCIA SCHRAMM
AND IN THE INTEREST OF
a <1. § FORT BEND COUNTY, TEXAS
AMENDED NOTICE OF HEARING FOR TEMPORARY ORDERS AND ORDER TO
APPEAR
Notice is given to Counterrespondent, Austin Michael Schramm, and Counterrespondent
is ORDERED to appear and to furnish information sufficient to accurately identify
Counterrespondent's net resources and ability to pay child support and to bring with him tax returns
for the past two years, a financial information statement substantially in the form and detail
prescribed by the Texas Family Law Practice Manual (3d ed.), form 4-2, and pay stubs for the past
three months. IT IS ORDERED that Counterrespondent shall appear with those documents before
this Court at > Texas, on at M
Counterpetitioner is Alexandra Garcia Schramm.
The contact information for the court is_ =
YOU MUST PARTICIPATE BY APPEARING IN-PERSON AT THE
COURTHOUSE.
TO APPEAR IN PERSON: At the designated time above, report in-person at the above
location.
If you plan to introduce documents and evidence during your hearing, you must be prepared
2/12/2024 w
ROUTED TO COURT.
RT'D TOD. CLERK 2/12/24 JS QC 02/15/24 CZ
to share them
The child the subject of this suit iii
One of the purposes of the hearing is to determine whether the temporary injunction prayed
for should be granted to enjoin Counterrespondent from the following:
1 Intentionally communicating with Counterpetitioner in person or in any other
manner, including by telephone or another electronic voice transmission, video chat, in writing, or
electronic messaging, by use of vulgar, profane, obscene, or indecent language or in a coarse or
offensive manner, with intent to annoy or alarm Counterpetitioner.
2. Threatening Counterpetitioner in person or in any other manner, including by
telephone or another electronic voice transmission, video chat, in writing, or electronic messaging,
to take unlawful action against any person, intending by this action to annoy or alarm
Counterpetitioner.
3 Placing a telephone call, anonymously, at any unreasonable hour, in an offensive
and repetitious manner, or without a legitimate purpose of communication with the intent to annoy
or alarm Counterpetitioner.
4 Intentionally, knowingly, or recklessly causing bodily injury to Counterpetitioner
or to a child of either party.
5 Threatening Counterpetitioner or a child of either party with imminent bodily
injury.
6 Intentionally, knowingly, or recklessly destroying, removing, concealing,
encumbering, transferring, or otherwise harming or reducing the value of the property of one or
both of the parties with intent to obstruct the authority of the Court to order a division of the estate
of the parties in a manner that the Court deems just and right, having due regard for the rights of
each party and the child of the marriage.
7
Intentionally falsifying any writing or record, including an electronic record,
relating to the property of either party.
8 Intentionally misrepresenting or refusing to disclose to Counterpetitioner or to the
Court, on proper request, the existence, amount, or location of any tangible or intellectual property
of one or both of the parties, including electronically stored or recorded information.
9. Intentionally or knowingly damaging or destroying the tangible or intellectual
property of one or both of the parties, including electronically stored or recorded information.
10. Intentionally or knowingly tampering with the tangible or intellectual property of
one or both of the parties, including electronically stored or recorded information, and causing
pecuniary loss or substantial inconvenience to Counterpetitioner.
Il. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner
alienating any of the property of one or both of the parties, whether personal property, real
property, or intellectual property, and whether separate or community property, except as
specifically authorized by order of this Court.
12. Incurring any debt, other than legal expenses in connection with this suit, except as
specifically authorized by order of this Court.
13. Withdrawing money from any checking or savings account in any financial
institution for any purpose, except as specifically authorized by order of this Court.
14. Spending any money in either party's possession or subject to either party's control
for any purpose, except as specifically authorized by order of this Court.
15. Withdrawing or borrowing money in any manner for any purpose from any
retirement, profit-sharing, pension, death, or other employee benefit plan, employee savings plan,
individual retirement account, or Keogh account of either party, except as specifically authorized
by order of this Court.
16. Withdrawing, transferring, assigning, encumbering, selling, or in any other manner
alienating any funds or assets held in any brokerage account, mutual fund account, or investment
account by one or both parties, regardless of whether the funds or assets are community or separate
property and whether the accounts are self-managed or managed by a third party, except as
specifically authorized by order of this Court.
17. Withdrawing or borrowing in any manner all or any part of the cash surrender value
of any life insurance policy on the life ofeither party or a child of the parties, except as specifically
authorized by order of this Court.
18. Entering any safe-deposit box in the name of or subject to the control of one or both
of the parties, whether individually or jointly with others.
19. Changing or in any manner altering the beneficiary designation on any life
insurance policy on the life of either party or a child of the parties.
20. Canceling, altering, failing to renew or pay premiums on, or in any manner
affecting the level of coverage that existed at the time this suit was filed of, any life, casualty,
automobile, or health insurance policy insuring the parties' property or persons, including a child
of the parties.
21. Opening or diverting mail or e-mail or any other electronic communication
addressed to Counterpetitioner.
22. Signing or endorsing Counterpetitioner's name on any negotiable instrument,
check, or draft, including a tax refund, insurance payment, and dividend, or attempting to negotiate
any negotiable instrument payable to Counterpetitioner without the personal signature of
Counterpetitioner.
23. Taking any action to terminate or limit credit or charge cards in the name of
Counterpetitioner.
24. Discontinuing or reducing the withholding for federal income taxes from either
party's wages or salary.
23: Destroying, disposing of, or altering any financial records of the parties, including
but not limited to a canceled check, deposit slip, and other records from a financial institution, a
record of credit purchases or cash advances, a tax return, and a financial statement.
26. Destroying, disposing of, or altering any e-mail, text message, video message, or
chat message or other electronic data or electronically stored information relevant to the subject
matter of this case, whether stored on a hard drive, in a removable storage device, in cloud storage,
or in another electronic storage medium.
27. Modifying, changing, or altering the native format or metadata of any electronic
data or electronically stored information relevant to the subject matters of this case, whether stored
on a hard drive, in a removable storage device, in cloud storage, or in another electronic storage
medium.
28. Deleting any data or content from any social network profile used or created by
either party or a child of the parties.
29. Using any password or personal identification number to gain access to
Counterpetitioner's e-mail account, bank account, social media account, or any other electronic
account.
30. Terminating or in any manner affecting the service of water, electricity, gas,
telephone, cable television, or any other contractual service, including security, pest control,
landscaping, or yard maintenance, at Re in any
manner attempting to withdraw any deposits for service in connection with any of those services.
31. Excluding Counterpetitioner from the use and enjoyment of the residence located
PDT
32. Entering, operating, or exercising control over the 2014 Hyndai Elantra or any
motor vehicle in the possession of Counterpetitioner.
33. Tracking or monitoring personal property or a motor vehicle in the possession of
Counterpetitioner, without Counterpetitioner's effective consent, including by using a tracking
application on a personal electronic device in the possession of Counterpetitioner, using a tracking
device, or physically following Counterpetitioner or causing another to physically follow
Counterpetitioner.
34. Disturbing the peace of the child or of another party.
35. Withdrawing the child from enrollment in the school or day-care facility where the
child is presently enrolled.
36. Hiding or secreting the child from Counterpetitioner.
37. Making disparaging remarks regarding Counterpetitioner or Counterpetitioner's
family in the presence or within the hearing of the child.
38. Consuming alcohol within the 12 hours before or during each of
Counterrespondent's periods of possession of or access to the child.
39. Ingesting, using, consuming or possessing any illegal drugs, marijuana or
controlled substances for which Counterrespondent does not possess a valid medical prescription.
40. Permitting an unrelated adult with whom Counterrespondent has an intimate or
dating relationship to remain in the same residence with the child between the hours of 10:00 P.M.
and 8:00 A.M.
Another purpose of this hearing is to determine whether, while this case is pending, the
Court should make temporary orders, as necessary and equitable, on the following matters:
1 Counterpetitioner should be awarded the exclusive use and possession of the
residence located DP i as well as the furniture,
furnishings, and other personal property at that residence, while this case is pending, and
Counterrespondent should be enjoined from entering or remaining on the premises of the residence
and exercising possession or control of any of this personal property, except as authorized by order
of this Court.
2 Counterpetitioner should be awarded exclusive use and control of 2014 Hyndai
Elantra in her possession, and Counterrespondent should be enjoined from entering, operating, or
exercising control over it.
3 Counterpetitioner and Counterrespondent should be appointed temporary joint
managing conservators, and Counterpetitioner should be designated as the conservator who has
the exclusive right to designate the primary residence of the child.
4 Counterrespondent should be ordered to provide support for the child, including the
payment of child support and medical and dental support in the manner specified by the Court,
while this case is pending.
5 The Court should order reasonable periods of electronic communication between
the child and Counterpetitioner to supplement Counterpetitioner's periods of possession of the
child.
6. Counterrespondent should be denied access to the child or, alternatively, the Court
should render a possession order in accordance with section 153.004 (d-1)(2) of the Texas Family
Code.
7
The Court should order the parties to attend a parent education and family
stabilization course.
8 The Court should order Counterrespondent to produce copies of income tax returns
for tax years 2020 through 2023, a financial statement, and current pay stubs by a date certain.
9 The Court should order Counterrespondent to pay support to Counterpetitioner until
a final decree is signed.
10. The Court should order Counterrespondent to pay reasonable interim attorney's fees
and expenses.
11. The Court should order Counterrespondent to pay estimated income taxes on due
dates as required by the Internal Revenue Service and under the Social Security numbers of both
Counterpetitioner and Counterrespondent.
12. The Court should order Counterrespondent to pay any ad valorem taxes and
insurance premiums as due on the following property: ee
aa 13. The Court should order Counterrespondent to provide a sworn inventory and
appraisement of all the separate and community property owned or claimed by the parties and all
debts and liabilities owed by the parties substantially in the form and detail prescribed by the Texas
Family Law Practice Manual (3d. ed.), form 7-1.
14. The Court should order Counterrespondent to produce copies of all the tax
information necessary to prepare Counterpetitioner's tax returns for tax years 2020 through 2023,
including tax returns and all supporting schedules for years 2020 through 2023, by a date certain.
15. The Court should order the parties to participate in an alternative dispute resolution
process before trial of this matter.
16. The Court should order a pretrial conference to simplify the issues in this case and
determine the stipulations of the parties and for any other matters the Court deems appropriate.
17. The Court should make all other and further orders respecting the property and the
parties that are pleaded for or that are deemed necessary and equitable and for the safety and
welfare of the child.
SIGNED on at
JUDGE PRESIDING
APPROVED AS TO FORM ONLY:
THE DE LEON LAW FIRM, PLLC
13310 University Blvd, Suite 220
Sugar Land, Texas 77479
Telephone: (713) 955-6182
Yvette De Leon
Attorney for Applicants
State Bar No. 24113702
E-Mail: yvette@deleonlawtx.com
Attorney for Respondent
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Daniela Cuellar on behalf of Yvette DeLeon
Bar No. 24113702
dcuellar@deleonlawtx.com
Envelope ID: 84396151
Filing Code Description: Proposed Order
Filing Description: Amended Temporary Restraining Order and Order
Setting Hearing for Temporary Orders
Status as of 2/12/2024 11:36 AM CST
Associated Case Party: AlexandraGarciaSchramm
Name BarNumber | Email TimestampSubmitted | Status
The De Leon Law Firm EServiceNotification eservice@deleonlawtx.com | 2/12/2024 11:10:53 AM | SENT
Yvette De Leon yvette@deleonlawtx.com 2/12/2024 11:10:53 AM | SENT
Associated Case Party: AustinMichaelSchramm
Name BarNumber | Email TimestampSubmitted | Status
Georgia Barker eservicebarkerlawfirm@gmail.com | 2/12/2024 11:10:53 AM | SENT
Jeaneane Garcia paralegal3barker@gmail.com 2/12/2024 11:10:53 AM | SENT
Preview
Filed 2/12/2024 10:04 AM Beverley McGrew Walker District Clerk Fort Bend County, Texas Vanessa Vasquez NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA NO. 23-DCV-311662 IN THE MATTER OF IN THE DISTRICT COURT THE MARRIAGE OF AUSTIN MICHAEL SCHRAMM AND 505TH JUDICIAL DISTRICT ALEXANDRA GARCIA SCHRAMM AND IN THE INTEREST OF a <1. § FORT BEND COUNTY, TEXAS AMENDED NOTICE OF HEARING FOR TEMPORARY ORDERS AND ORDER TO APPEAR Notice is given to Counterrespondent, Austin Michael Schramm, and Counterrespondent is ORDERED to appear and to furnish information sufficient to accurately identify Counterrespondent's net resources and ability to pay child support and to bring with him tax returns for the past two years, a financial information statement substantially in the form and detail prescribed by the Texas Family Law Practice Manual (3d ed.), form 4-2, and pay stubs for the past three months. IT IS ORDERED that Counterrespondent shall appear with those documents before this Court at > Texas, on at M Counterpetitioner is Alexandra Garcia Schramm. The contact information for the court is_ = YOU MUST PARTICIPATE BY APPEARING IN-PERSON AT THE COURTHOUSE. TO APPEAR IN PERSON: At the designated time above, report in-person at the above location. If you plan to introduce documents and evidence during your hearing, you must be prepared 2/12/2024 w ROUTED TO COURT. RT'D TOD. CLERK 2/12/24 JS QC 02/15/24 CZ to share them The child the subject of this suit iii One of the purposes of the hearing is to determine whether the temporary injunction prayed for should be granted to enjoin Counterrespondent from the following: 1 Intentionally communicating with Counterpetitioner in person or in any other manner, including by telephone or another electronic voice transmission, video chat, in writing, or electronic messaging, by use of vulgar, profane, obscene, or indecent language or in a coarse or offensive manner, with intent to annoy or alarm Counterpetitioner. 2. Threatening Counterpetitioner in person or in any other manner, including by telephone or another electronic voice transmission, video chat, in writing, or electronic messaging, to take unlawful action against any person, intending by this action to annoy or alarm Counterpetitioner. 3 Placing a telephone call, anonymously, at any unreasonable hour, in an offensive and repetitious manner, or without a legitimate purpose of communication with the intent to annoy or alarm Counterpetitioner. 4 Intentionally, knowingly, or recklessly causing bodily injury to Counterpetitioner or to a child of either party. 5 Threatening Counterpetitioner or a child of either party with imminent bodily injury. 6 Intentionally, knowingly, or recklessly destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties with intent to obstruct the authority of the Court to order a division of the estate of the parties in a manner that the Court deems just and right, having due regard for the rights of each party and the child of the marriage. 7 Intentionally falsifying any writing or record, including an electronic record, relating to the property of either party. 8 Intentionally misrepresenting or refusing to disclose to Counterpetitioner or to the Court, on proper request, the existence, amount, or location of any tangible or intellectual property of one or both of the parties, including electronically stored or recorded information. 9. Intentionally or knowingly damaging or destroying the tangible or intellectual property of one or both of the parties, including electronically stored or recorded information. 10. Intentionally or knowingly tampering with the tangible or intellectual property of one or both of the parties, including electronically stored or recorded information, and causing pecuniary loss or substantial inconvenience to Counterpetitioner. Il. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of one or both of the parties, whether personal property, real property, or intellectual property, and whether separate or community property, except as specifically authorized by order of this Court. 12. Incurring any debt, other than legal expenses in connection with this suit, except as specifically authorized by order of this Court. 13. Withdrawing money from any checking or savings account in any financial institution for any purpose, except as specifically authorized by order of this Court. 14. Spending any money in either party's possession or subject to either party's control for any purpose, except as specifically authorized by order of this Court. 15. Withdrawing or borrowing money in any manner for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan, employee savings plan, individual retirement account, or Keogh account of either party, except as specifically authorized by order of this Court. 16. Withdrawing, transferring, assigning, encumbering, selling, or in any other manner alienating any funds or assets held in any brokerage account, mutual fund account, or investment account by one or both parties, regardless of whether the funds or assets are community or separate property and whether the accounts are self-managed or managed by a third party, except as specifically authorized by order of this Court. 17. Withdrawing or borrowing in any manner all or any part of the cash surrender value of any life insurance policy on the life ofeither party or a child of the parties, except as specifically authorized by order of this Court. 18. Entering any safe-deposit box in the name of or subject to the control of one or both of the parties, whether individually or jointly with others. 19. Changing or in any manner altering the beneficiary designation on any life insurance policy on the life of either party or a child of the parties. 20. Canceling, altering, failing to renew or pay premiums on, or in any manner affecting the level of coverage that existed at the time this suit was filed of, any life, casualty, automobile, or health insurance policy insuring the parties' property or persons, including a child of the parties. 21. Opening or diverting mail or e-mail or any other electronic communication addressed to Counterpetitioner. 22. Signing or endorsing Counterpetitioner's name on any negotiable instrument, check, or draft, including a tax refund, insurance payment, and dividend, or attempting to negotiate any negotiable instrument payable to Counterpetitioner without the personal signature of Counterpetitioner. 23. Taking any action to terminate or limit credit or charge cards in the name of Counterpetitioner. 24. Discontinuing or reducing the withholding for federal income taxes from either party's wages or salary. 23: Destroying, disposing of, or altering any financial records of the parties, including but not limited to a canceled check, deposit slip, and other records from a financial institution, a record of credit purchases or cash advances, a tax return, and a financial statement. 26. Destroying, disposing of, or altering any e-mail, text message, video message, or chat message or other electronic data or electronically stored information relevant to the subject matter of this case, whether stored on a hard drive, in a removable storage device, in cloud storage, or in another electronic storage medium. 27. Modifying, changing, or altering the native format or metadata of any electronic data or electronically stored information relevant to the subject matters of this case, whether stored on a hard drive, in a removable storage device, in cloud storage, or in another electronic storage medium. 28. Deleting any data or content from any social network profile used or created by either party or a child of the parties. 29. Using any password or personal identification number to gain access to Counterpetitioner's e-mail account, bank account, social media account, or any other electronic account. 30. Terminating or in any manner affecting the service of water, electricity, gas, telephone, cable television, or any other contractual service, including security, pest control, landscaping, or yard maintenance, at Re in any manner attempting to withdraw any deposits for service in connection with any of those services. 31. Excluding Counterpetitioner from the use and enjoyment of the residence located PDT 32. Entering, operating, or exercising control over the 2014 Hyndai Elantra or any motor vehicle in the possession of Counterpetitioner. 33. Tracking or monitoring personal property or a motor vehicle in the possession of Counterpetitioner, without Counterpetitioner's effective consent, including by using a tracking application on a personal electronic device in the possession of Counterpetitioner, using a tracking device, or physically following Counterpetitioner or causing another to physically follow Counterpetitioner. 34. Disturbing the peace of the child or of another party. 35. Withdrawing the child from enrollment in the school or day-care facility where the child is presently enrolled. 36. Hiding or secreting the child from Counterpetitioner. 37. Making disparaging remarks regarding Counterpetitioner or Counterpetitioner's family in the presence or within the hearing of the child. 38. Consuming alcohol within the 12 hours before or during each of Counterrespondent's periods of possession of or access to the child. 39. Ingesting, using, consuming or possessing any illegal drugs, marijuana or controlled substances for which Counterrespondent does not possess a valid medical prescription. 40. Permitting an unrelated adult with whom Counterrespondent has an intimate or dating relationship to remain in the same residence with the child between the hours of 10:00 P.M. and 8:00 A.M. Another purpose of this hearing is to determine whether, while this case is pending, the Court should make temporary orders, as necessary and equitable, on the following matters: 1 Counterpetitioner should be awarded the exclusive use and possession of the residence located DP i as well as the furniture, furnishings, and other personal property at that residence, while this case is pending, and Counterrespondent should be enjoined from entering or remaining on the premises of the residence and exercising possession or control of any of this personal property, except as authorized by order of this Court. 2 Counterpetitioner should be awarded exclusive use and control of 2014 Hyndai Elantra in her possession, and Counterrespondent should be enjoined from entering, operating, or exercising control over it. 3 Counterpetitioner and Counterrespondent should be appointed temporary joint managing conservators, and Counterpetitioner should be designated as the conservator who has the exclusive right to designate the primary residence of the child. 4 Counterrespondent should be ordered to provide support for the child, including the payment of child support and medical and dental support in the manner specified by the Court, while this case is pending. 5 The Court should order reasonable periods of electronic communication between the child and Counterpetitioner to supplement Counterpetitioner's periods of possession of the child. 6. Counterrespondent should be denied access to the child or, alternatively, the Court should render a possession order in accordance with section 153.004 (d-1)(2) of the Texas Family Code. 7 The Court should order the parties to attend a parent education and family stabilization course. 8 The Court should order Counterrespondent to produce copies of income tax returns for tax years 2020 through 2023, a financial statement, and current pay stubs by a date certain. 9 The Court should order Counterrespondent to pay support to Counterpetitioner until a final decree is signed. 10. The Court should order Counterrespondent to pay reasonable interim attorney's fees and expenses. 11. The Court should order Counterrespondent to pay estimated income taxes on due dates as required by the Internal Revenue Service and under the Social Security numbers of both Counterpetitioner and Counterrespondent. 12. The Court should order Counterrespondent to pay any ad valorem taxes and insurance premiums as due on the following property: ee aa 13. The Court should order Counterrespondent to provide a sworn inventory and appraisement of all the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties substantially in the form and detail prescribed by the Texas Family Law Practice Manual (3d. ed.), form 7-1. 14. The Court should order Counterrespondent to produce copies of all the tax information necessary to prepare Counterpetitioner's tax returns for tax years 2020 through 2023, including tax returns and all supporting schedules for years 2020 through 2023, by a date certain. 15. The Court should order the parties to participate in an alternative dispute resolution process before trial of this matter. 16. The Court should order a pretrial conference to simplify the issues in this case and determine the stipulations of the parties and for any other matters the Court deems appropriate. 17. The Court should make all other and further orders respecting the property and the parties that are pleaded for or that are deemed necessary and equitable and for the safety and welfare of the child. SIGNED on at JUDGE PRESIDING APPROVED AS TO FORM ONLY: THE DE LEON LAW FIRM, PLLC 13310 University Blvd, Suite 220 Sugar Land, Texas 77479 Telephone: (713) 955-6182 Yvette De Leon Attorney for Applicants State Bar No. 24113702 E-Mail: yvette@deleonlawtx.com Attorney for Respondent Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Daniela Cuellar on behalf of Yvette DeLeon Bar No. 24113702 dcuellar@deleonlawtx.com Envelope ID: 84396151 Filing Code Description: Proposed Order Filing Description: Amended Temporary Restraining Order and Order Setting Hearing for Temporary Orders Status as of 2/12/2024 11:36 AM CST Associated Case Party: AlexandraGarciaSchramm Name BarNumber | Email TimestampSubmitted | Status The De Leon Law Firm EServiceNotification eservice@deleonlawtx.com | 2/12/2024 11:10:53 AM | SENT Yvette De Leon yvette@deleonlawtx.com 2/12/2024 11:10:53 AM | SENT Associated Case Party: AustinMichaelSchramm Name BarNumber | Email TimestampSubmitted | Status Georgia Barker eservicebarkerlawfirm@gmail.com | 2/12/2024 11:10:53 AM | SENT Jeaneane Garcia paralegal3barker@gmail.com 2/12/2024 11:10:53 AM | SENT