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  • Dena Marie Wilson VS Deavon Scott McGuireProtective Orders document preview
  • Dena Marie Wilson VS Deavon Scott McGuireProtective Orders document preview
  • Dena Marie Wilson VS Deavon Scott McGuireProtective Orders document preview
  • Dena Marie Wilson VS Deavon Scott McGuireProtective Orders document preview
  • Dena Marie Wilson VS Deavon Scott McGuireProtective Orders document preview
  • Dena Marie Wilson VS Deavon Scott McGuireProtective Orders document preview
  • Dena Marie Wilson VS Deavon Scott McGuireProtective Orders document preview
  • Dena Marie Wilson VS Deavon Scott McGuireProtective Orders document preview
						
                                

Preview

14 Cause No.: ______________________________ Dena Marie Wilson Applicant: ______________________________________ § 410TH In the ____________________________ Court v. of Deaven Scott McGuire Respondent: ____________________________________ Montgomery __________________________ County, Texas Application for Protective Order 1 Parties Name: County of Residence: Dena Marie Wilson Applicant: ______________________________________ ___________________________________ Montgomery County, Texas Deaven Scott McGuire Respondent: ____________________________________ ___________________________________ Montgomery County, Texas 19327 Crystalwood Estates Drive, New Caney, Texas 77357 or wherever Respondent’s address for service: __________________________________________________________________ he may be found Check all that apply: X The Applicant and Respondent are or were members of the same family or household. X The Applicant and Respondent are parents of the same child or children. The Applicant and Respondent used to be married. X The Applicant and Respondent are or were dating. X The Applicant is an adult asking for protection for the Children named below from child abuse and/or family or dating violence. The Applicant is dating or married to a person who was married to or dating the Respondent. 2 Children: The Applicant is asking for protection for these Children under age 18: Name: Is Respondent the biological parent? County of Residence: Ridge Bradley Wayne McGuire a. ______________________________________ X Yes No Montgomery County, Texas ________________________________ b. ______________________________________ Yes No ________________________________ c. ______________________________________ Yes No ________________________________ d. ______________________________________ Yes No ________________________________ Check all that apply: Other children are listed on a sheet attached to this Application. X The Children are or were members of the Applicant’s family or household. X The Children are the subject of a court order affecting access to them or their support. 3 Other Adults: The Applicant is asking for protection for these Adults, who are or were members of the Applicant’s family or household, or are in a dating or marriage relationship with the Applicant. Name: County of Residence: a. _____________________________________________________ ________________________________ b. _____________________________________________________ ________________________________ 4a Other Court Cases: Are there other court cases, like divorce, custody, support, involving the Applicant, Respondent, or the Children? X Yes If “Yes,” say what kind of case and if the case is active or completed. Pending SAPCR under Cause No. 24-02-03042 _______________________________________________________________________________________________ If “completed,” (check all that apply copy of the final order copy of the final order be filed before the hearing on this Application. X Application for P Same pending cause no. as above Approved by the Supreme T Page 1 of 5 adjudication community supervision for any crime under Title 5 or Title 6 of the Texas Penal Code? ( ee list of crimes at the end of the kit) X If “Yes,” say what kind of case: If the Respondent was convicted or placed on community supervision for a Title 5 crime, did the Court make a finding that the crime involved family violence? □ Yes □ Was the crime against a child listed in this petition under Number 2 "Children"? □ Yes □ No Have the Respondent’s parental rights to this child been terminated? □ Yes □ No Is the Respondent seeking or attempting to seek contact with this child? □ Yes □ No X The Respondent committed family violence. The Respondent violated a prior Protective Order that expired, or will expire in 30 days or less. A copy of the Order is (check one □ Attached, or Not available now but will be filed before the hearing on this Application 6 t ap cfv a per 1 of t f X t communicate in a threatening or harassing manner with any X ot communicate a threat through any person to any person named on page 1 of this form. ther Adults named on page 1 of this form. The Respondent may communicate through: or other person the Court appoints. Good cause exists for prohibiting the Respondent’s direct communications. X * X X workplace, X * X X authorized in a possession schedule entered by the Court. X □ Not stalk, follow, or engage in conduct directed specifically to anyone named on page 1 of this form that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass them, including tracking or monitoring a car or other property. *Except as authorized in a possession schedule entered by the Court The Applicant asks the Court to: X issue Texas. X is available, counseling with a social worker, family service agency, physician, psychologist, licensed therapist, or licensed professional counselor; and pay all costs for the counseling or treatment ordered. Prohibit the Respondent from taking, harming, threatening, or interfering with the care, custody, or control The law requires a trial court issuing a protective order to prohibit the Respondent from possessing a firearm or ammunition, unless the Respondent is a peace officer actively engaged in employment as a sworn, full time paid employee of a state agency or political subdivision. Application for P Approved by the Supreme T Page 2 of 5 16 7 Property Orders The Residence located at: ________________________________________________________________________ (Check one): is jointly owned or leased by the Applicant and Respondent; is solely owned or leased by the Applicant; or is solely owned or leased by the Respondent; and the Respondent is obligated to support the Applicant or a child in the Applicant’s possession. The Applicant also asks the Court to make these orders (Check all that apply): The Applicant to have exclusive use of the Residence identified above, and the Respondent must vacate the Residence. The sheriff, constable, or chief of police shall provide a law enforcement officer to accompany the Applicant to the Residence, to inform the Respondent that the Court has ordered the Respondent excluded from the Residence, to provide protection while the Applicant takes possession of the Residence and the Respondent removes any neces- sary personal property, and, if the Respondent refuses to vacate the Residence, to remove the Respondent from the Residence and arrest the Respondent for violating the Court’s Order. The Applicant to have exclusive use of the following property that the Applicant and Respondent jointly own or lease: ___________________________________________________________________________________________ ___________________________________________________________________________________________ The Respondent must not damage, transfer, encumber, or otherwise dispose of any property jointly owned or leased by the parties, except in the ordinary course of business or for reasonable and necessary living expenses, including, but not limited to, removing or disabling any vehicle owned or possessed by the Applicant or jointly owned or possessed by the parties (whether so titled or not). 8 Spousal Support Order The Applicant is married to the Respondent or otherwise legally entitled to support from the Respondent and asks the Court to order the Respondent to pay support in an amount set by the Court. 9 X Orders Related to Removal, Possession, and Support of Children Ridge Bradley Wayne McGuire The Respondent is a parent of the following of the Applicant’s children: ____________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ And, the Applicant asks for these Orders in the best interest of the people named on page 1 of this form. Check all that apply: X The Respondent must not remove the children from the Applicant’s possession or from their child-care facility or school, except as specifically authorized in a possession schedule entered by the Court. X The Respondent must not remove the children from the jurisdiction of the Court. X Establish or modify a schedule for the Respondent’s possession of the Children, subject to any terms and conditions necessary for the safety of the Applicant or the Children. X Require the Respondent to pay child support in an amount set by the Court. 10 Temporary Ex Parte PROTECTIVE ORDER Based on the information in the attached Affidavit or Declaration, there is a clear and present danger of family violence that will cause the Applicant, Children, or Other Adults named on page 1 of this form immediate and irreparable injury, loss, and damage, for which there is no adequate remedy at law. Applicant asks the Court to issue a Temporary Ex Parte Protective Order immediately without bond, notice, or hearing. 11 Ex Parte Order: Vacate Residence Immediately The Applicant now lives with the Respondent at: _____________________________________ or has resided at this Residence within the 30 days prior to filing this Application. The Respondent committed family violence against a member of the household within the 30 days prior to the filing of this Application, as described in the attached Affidavit or Declaration. There is a clear and present danger that the Respondent is likely to commit family violence Application for Protective Order Page 3 of 5 Form Approved by the Supreme Court of Texas 17 against a member of the household. The Applicant is available for a hearing but asks the Court to issue a Temporary Ex Parte Protective Order immediately without bond, notice, or hearing: • Granting the Applicant exclusive use and possession of the Residence and ordering the Respondent to vacate the Residence immediately, and remain at least 200 yards away from the Residence pending further Order of the Court; and • Directing the sheriff, constable, or chief of police to provide a law enforcement officer to accompany the Applicant to the Residence, to inform the Respondent that the Court has ordered the Respondent to vacate the Residence, and to provide protection while the Applicant either takes possession of the Residence or removes necessary personal property. 12 Keep Information Confidential addresses and telephone numbers for residences, workplaces, schools, and Protected People, including: addresses, mailing addresses, county of residence, telephone numbers, places of The Applicant asks the Court to order that the following person is designated as a person to receive any notice The Applicant asks the Court to order that the Applicant's address is confidential and shall only be disclosed to the copy of this court document be served to the respondent with any information that you include available for public inspection. Marking the box on number 12 means that you are asking the judge to order the clerk to remove some addresses and telephone numbers from the final order this case that the public cannot ex parte protective order The Applicant asks the Court to order the Respondent to pay fees for service of process, all other fees and costs of Court, and reasonable attorneys’ fees, if applicable. Application for P Approved by the Supreme T Page 4 of 5