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CAUSE NUMBER 21-06-09083
IN THE MATTER OF IN THE DISTRICT COURT
THE MARRIAGE OF
ANGELO L. ROSARIO, II
AND 410 JUDICIAL DISTRICT
CHANEL C. ROSARIO
AND IN THE INTEREST OF
MICHAEL ROSARIO AND ESMELINA
ROSARIO, CHILDREN MONTGOMERY COUNTY, TEXAS
TEMPORARY RESTRAINING ORDER AND
ORDER SETTING HEARING FOR TEMPORARY ORDERS
The application of Petitioner, Angelo L. Rosario, II, for temporary restraining order was
presented to the Court today. Respondent is Chanel C. Rosario.
The children the subject of this suit are MICHAEL ROSARIO and ESMELINA
ROSARIO
The Court examined the pleadings of Petitioner and finds that Petitioner is entitled to a
joint and mutual temporary restraining order.
IT IS THEREFORE ORDERED that the clerk of this Court issue a joint and mutual
temporary restraining order restraining Petitioner and Respondent, and Petitioner and
Respondent are immediately restrained, from:
1 Intentionally communicating with the other party 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 the other party.
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2 Threatening the other party 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
the other party.
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 the other party.
4 Intentionally, knowingly, or recklessly causing bodily injury to the other party or
to a child of either party.
5 Threatening the other party 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 the 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
tights of each party and the children 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 the other party 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
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one or both of the parties, including electronically stored or recorded information, and causing
pecuniary loss or substantial inconvenience to the other party.
11. 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 this order.
12. Incurring any debt, other than legal expenses in connection with this suit, except
as specifically authorized by this order.
13. Withdrawing money from any checking or savings account in any financial
institution for any purpose, except as specifically authorized by this order.
14, Spending any money in either party's possession or subject to either party's
control for any purpose, except as specifically authorized by this order.
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 this order.
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 in this order.
17. Withdrawing or borrowing in any manner all or any part of the cash surrender of
any life insurance policy on the life of either party or the parties children, except as specifically
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authorized by this order.
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 the parties’ children.
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 the
parties’ children.
21. Opening or diverting mail or e-mail or any other electronic communication
addressed to the other party.
22. Signing or endorsing the other party'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 the other party without the personal signature of the other party.
23. Taking any action to terminate or limit credit or charge cards in the name of the
other party.
24. Discontinuing or reducing the withholding for federal income taxes from either
party's wages or salary.
25. 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
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matters 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 including the parties’ children.
29. Using any password or personal identification number to gain access to
Petitioner'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 services, including security, pest control,
landscaping, or yard maintenance, at 32016 Birch Briar Court, Spring, Texas 77386 or in any
manner attempting to withdraw any deposits for service in connection with any of those services.
31. Excluding Petitioner from the use and enjoyment of the residence located at
32016 Birch Briar Court, Spring, Texas 77386.
32. Entering, operating, or exercising control over the 2019 Toyota Highlander or any
motor vehicle in the possession of Petitioner.
33. Entering, operating, or exercising control over the 2007 Nissan Maxima or any
motor vehicle in the possession of Respondent.
34. Disturbing the peace of the children or of another party.
35. Withdrawing the children from enrollment in the school or day-care facility where
the children are presently enrolled.
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36. Hiding or secreting the children from the other party.
37. Making disparaging remarks regarding the other party or the other party's family
in the presence or within the hearing of the children.
IT IS FURTHER ORDERED that each party is authorized only as follows:
To make expenditures and incur indebtedness for reasonable and necessary living
expenses for food, clothing, shelter, transportation, and medical care.
To make expenditures and incur indebtedness for reasonable attorney's fees and expenses
in connection with this suit.
To make withdrawals from accounts in financial institutions only for the purposes
authorized by this order.
To engage in acts reasonable and necessary to conduct each party's usual business and
occupation.
For purposes of this order, "personal property" includes, but is not limited to, the
following:
a cash, checks, traveler's checks, and money orders;
b, funds on deposit in financial accounts with commercial banks, savings banks, and
credit unions;
funds and assets held in brokerage, mutual fund, and other investment accounts;
publicly traded stocks, bonds, and other securities;
stock options and restricted stock units;
bonuses;
closely held business interests;
retirement benefits and accounts;
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deferred compensation benefits;
insurance policies, annuities, and health savings accounts;
motor vehicles, boats, airplanes, cycles, mobile homes, trailers, and recreational
vehicles;
money owed to one or both parties, including notes and expected income tax
refunds;
household furniture furnishings, and fixtures;
electronics and computers;
antiques, artwork, and collections;
sporting goods and firearms;
jewelry and other personal items;
pets and livestock;
club memberships;
travel award benefits and other award accounts;
crops, farm equipment, construction equipment, tools, leases, cemetery lots, gold
or silver coins not part of a collection, tax overpayments, loss carry-forward
deductions, lottery tickets/winnings, stadium bonds, stadium seat licenses, seat
options, season tickets, ranch brands, and business names;
digital assets such as e-mail addresses, social network accounts, Web sites,
domain names, digital media such as pictures, music, e-books, movies, and
videos, blogs, reward points, digital storefronts, artwork, and data storage
accounts;
virtual assets such as virtual pets, avatars, accessories for virtual characters,
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virtual prizes, virtual real estate, and virtual currency;
safe-deposit boxes and their contents;
y storage facilities and their contents; and
Z. contingent assets.
This joint and mutual restraining order is effective immediately and shall continue in
force and effect until further order of this Court or until it expires by operation of law. This
order shall be binding on Petitioner and Respondent; on Petitioner's and Respondent's agents,
servants, and employees; and on those persons in active concert or participation with them who
receive actual notice of this order by personal service or otherwise. The requirement of a bond is
waived.
IT IS FURTHER ORDERED that the clerk shall issue notice to Respondent, Chanel C.
Rosario, to appear, and Respondent is ORDERED to appear in person, and Respondent is to
furnish information sufficient to accurately identify Respondent's net resources and ability to pay
child support and to bring with her tax returns for the past two years, a financial information
statement substantially in the form and detail prescribed by the current edition of Texas Family
Law Practice Manual, form 4-2, and pay stubs for the past three months. IT IS ORDERED that
Respondent shall appear with those documents before this Court in the courthouse at 301 N.
Main Street, Conroe, Texas, on at .M. The purpose of the
hearing is to determine whether, while this case is pending:
1 The preceding temporary restraining order should be made a temporary injunction
pending final hearing.
2 The additional temporary injunction prayed for should be granted.
3 Petitioner should be awarded the exclusive use and possession of the residence
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located at 32016 Birch Briar Court, Spring, Texas 77386, as well as the furniture, furnishings,
and other personal property at that residence, while this case is pending, and Respondent 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.
4 Petitioner should be awarded exclusive use and control of the 2019 Toyota
Highlander, and Respondent should be enjoined from entering, operating, or exercising control
over it.
5 Petitioner and Respondent should be appointed temporary joint managing
conservators, and Petitioner should be designated as the conservator who has the exclusive right
to designate the primary residence of the child, Michael Rosario.
6. Respondent should be ordered to provide support for the child, Michael Rosario,
including the payment of child support and medical and dental support in the manner specified
by the Court, while this case is pending.
7 The primary residence of the children should be restricted to Montgomery
County, Texas and counties contiguous to Montgomery County, Texas.
8 The Court should order Respondent to produce copies of income tax returns for
tax years 2018, 2019, and 2020, a financial statement, and current pay stubs by a date certain.
9 The Court should order Respondent 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
current edition of Texas Family Law Practice Manual, form 7-1.
10. The Court should order Respondent to produce copies of all the tax information
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necessary to prepare Petitioner's tax returns for tax years 2018, 2019, and 2020, including tax
retums and all supporting schedules for years 2018, 2019, and 2020, by a date certain.
11. 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 children.
SIGNED on at
JUDGE PRESIDING
APPROV! O FORM ONLY:
ScoyT M. Bron OCIATES
By\ (24
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Stal No. 24091538
Alphonsus Okpara
State Bar No. 24105901
6302 W. Broadway St., Ste. 250
Pearland, Texas 77581
Telephone: (832) 554-1283
Facsimile: (832) 554-1282
Efile/Service only: efile@smbattorney.com
ATTORNEY FOR ANGELO L, ROSARIO, IL
TEMPORARY RESTRAINING ORDER AND ORDER SETTING HEARING
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