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Protective Order

The court granted a protective order for Danyelle Churchwell against Caleb Churchwell. The order prohibits Caleb from committing acts of family violence, communicating threats, going within 200 yards of Danyelle's residence or place of employment, and engaging in harassing conduct. It also requires Caleb to vacate the shared residence, attend counseling programs, and pay court fees.

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Danyelle Churchwell
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377 views5 pages

Protective Order

The court granted a protective order for Danyelle Churchwell against Caleb Churchwell. The order prohibits Caleb from committing acts of family violence, communicating threats, going within 200 yards of Danyelle's residence or place of employment, and engaging in harassing conduct. It also requires Caleb to vacate the shared residence, attend counseling programs, and pay court fees.

Uploaded by

Danyelle Churchwell
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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IN THE 65TH JUDICIAL DISTRICT COURT

EL PASO COUNTY, TEXAS

DANYELLE CHURCHWELL,
APPLICANT

CALEB CHURCHWELL,
RESPONDENT

PROTECTIVE ORDER

ON THE ()It day of --_~AU/Ol <:>t ,200 ;-1-- , came on to be heard the above styled
and numbered Application for a Protective Order pursuant to Title 4, Tex. Fam. Code Ann. (Vernon 1997 &

DANYELLE CHURCHWELL, hereinafter referred to as "Applicant", appeared in person and


with Assistant County Attorney and CALEB CHURCHWELL, hereinafter referred to as "Respondent"
appeared:
___ mperson

---*
___ with attorney of record
having been duly cited did not appear a~d wholly made default.
A record of the testimony made by . eeL! L_C(~;~JN_'e_:7--+- _
JURISDICTION
The Court, having read the pleadings, and heard the evidence and argument of counsel, finds that all
necessary prerequisites of the law have been satisfied and that this Court has jurisdiction over the parties
and subject matter of this cause.

The Court finds that the Applicant and Respondent are SPOUSES.
[ ] The Court further finds that the parties have agreed, as evidenced by their signatures and subject to
approval by the Court to the terms set out below, that such terms of the protective order are in the best
interest of the applicant, the family or household, or a member of the family or household, and that such
IT IS T!JEREFORE ORDERED that Applicant's request for a Protective Order is hereby:
__ V_ ••g"r<>anteduntil
the -dfl- day of U. L\£.: 200 l unless
CALEB CHURCHWELL is in prison on thi day, in which case the Protective Order
shall expire on the first anniversary of the date CALEB CHURCHWELL is released from
prison, pursuant to Tex. Fam. Code Ann. § 85.025(c) (Vernon Supp. 1999).

IT IS ORDERED that, pursuant to Tex. Fam. Code Ann. § 85.022(b) (Vernon 1997), CALEB
CHURCHWELL is PROlllBITED from doing the following:
(1) Committing acts of family violence;
(2) Communicating:
(a) directly with DANYELLE CHURCHWELL or a member of the family or
household of a person protected by an order, in a threatening or harassing manner;

(b) a threat through any person to DANYELLE CHURCHWELL or a member ofthe


family or household of a person protected by an order; and

(3) Going within 200 yards of the residence or place of employment or business of
DANYELLE CHURCHWELL or member of the family or household of DANYELLE
CHURCHWELL, such addresses currently being the following:

--1~. AUSTIN S'f., EL PASO, 'FX 79916C:- OC:Il\~c\e(\-+tr I


U.S. ARMY, BLDG. 2450, EL PASO, TX 79916

(4) Engaging in conduct directed specifically toward DANYELLE CHURCHWELL or a


member of the family or household of DANYELLE CHURCHWELL, including
following the person, that is reasonably likely to harass, annoy, alarm, abuse, torment, or
embarrass the person.

The Court ORDERS that should CALEB CHURCHWELL possess a license(s) to carry a
concealed handgun it be suspended immediately, pursuant to Tex. Fam. Code Ann. § 85.022(d) (Vernon
Supp. 1999).

IT IS FURTHER ORDERED that, pursuant to Tex. Fam. Code Ann. § 85.021 (Vernon 1997),
CALEB CHURCHWELL is prohibited from:

(1) Transferring, encumbering or otherwise disposing of property mutually owned or leased by


the parties, except in the ordinary course of business;

IT IS ORDERED that DANYELLE CHURCHWELL is granted exclusive use a


the residence located 1945 A. AUSTIN ST., EL PASO, TX, 79916. IT IS FURTHER
CALEB CHURCHWELL shall vacate the residence located at 1945 A. Austin St., EI a
by (~, ~ wt Respondent is permItted to retrieve clothing and personal plOpetty on
. IT IS HEREBY ORDERED that the Chief of Police of the City of El Paso,
Texas or the Sheriff of El Paso County shall provide a law enforcement officer to accompany DANYELLE
CHURCHWELL to the residence; to inform CALEB CHURCHWELL that the Court has ordered that
CALEB CHURCHWELL be excluded from the residence; to protect DANYELLE CHURCHWELL
while DANYELLE CHURCHWELL takes possession of the residence and CALEB CHURCHWELL
takes possession of CALEB CHURCHWELL's necessary personal property; and if CALEB
CHURCHWELL refuses to vacate the residence to remove CALEB CHURCHWELL from the residence
and to arrest CALEB CHURCHWELL for violating the court order.

IT IS FURTHER ORDERED that CALEB CHURCHWELL IS allowed to retrieve the


foregoing property on the following date and time:

The C70rt fi s that the following orders are in the best interests of the members of the. family.or
household: , A- '1:;IPP ~12-U:jn
IT IS ORDERED that CALEB CHURCHWELL shall enroll in the EL PI\SO
GENTER AGAIr(ST FAMILy VIOLENcE B.!.P.P. PROGRAM, 3800 N.
Piedras, Suite C, EI Paso, Texas (915)562-0077, within:

IT IS ORDERED that CALEB CHURCHWELL shall enroll in the ALCOHOL


AND DRUG EDUCATIONAL SERVICES, 1801 Wyoming, Suite 102, EI
Paso, Texas (915)351-6832, within:

~ty (60) days ofthe date of this order


___ sixty (60) days of Respondent's release from jail.

ADDITIONALLY, IT IS ORDERED that CALEB CHURCHWELL shall


compleramily violence counseling within:

__ /_ Donnie
hundred and eighty-two (182) days of the date of this order;
___ one hundred and eighty-two (182) days of Respondent's release from jail;

with the ( he- r~·,


If CALEB CHURC fails to complete counseling or fails . \"\ide ~i9'.
that the counseling is not available within a reasonable dis. r#' I C
CHURCHWELL's residence, CALEB CHURCHWELL is ladY' ed t
failure to comply is punishable by Contempt of Court as provided'
Ann. § 21.002 (Vernon 1988 & Supp. 1997). " .;.
to~as
reasonable attorney's fees for the services of the prosecuting attorney in this action. IT IS ORDERED that
EL PASO COUNTY, TEXAS is hereby awarded judgment in the amount of $ lSL) ~for
reasonable and necessary legal services rendered as provided in Tex. Fam Code Ann. § 81.005 (Vernon
1997). Judgment is awarded against CALEB CHURCHWELL, for which let execution issue. The
amount collected under this judgment shall be paid to the credit of the county fund from which salaries of
employees of the prosecuting attorney are paid or supplemented. IT IS ORDERED that Respondent shall
satisfY such judgment no later than 5:00 p.m., by tendering the amount owed by money order, to the office
of the County Attorney ofEI Paso, 500 E. San Antonio, Room 50J; El Paso, Texas 79901, within:
''i. sixty (60) days of the date of this order;
_~__ ixty (60) days of Respondent's release from jail.

The Court further finds that CALEB CHURCHWELL should be assessed court costs incurred in
connection with this Protective Order as provided in Tex. Fam. Code Ann. § 81.003 (Vernon 1997). IT IS
THEREFORE ORDERED that judgment is awarded in favor of EL PASO COUNTY, TEXAS and
against CALEB CHURCHWELL for the $16.00 protective order fee, the standard fees charged by the
clerk of the court in a general civil proceeding for the costs of service of the order, the costs of court and all
other fees, charges or expenses incurred in connection with this protective order. CALEB
CHURCHWELL is to pay said costs by tendering the amount owed to the Office of the District Clerk ofEI
Paso, 500 E. San Antonio, Room 103, El Paso, Texas 79901. CALEB CHURCHWELL is advised that
failure to pay these charges before the sixtieth (60th) day after the date this order is rendered will result in
punishment for contempt of court as provided by §21.002, Govt. Code.

A copy of this order will be forwarded to the Chief of Police for the City of El Paso, Texas and the
Sheriff of El Paso County, Texas as well as the Texas Department of Public Safety.
SIGNED this ~1 day of _

(4fQ~
ASSOCIATEJunGE
f i
)

AGREED:

/--"
i r; b-lv.j (/.tL C/t, ,\
DANYELLJi"CHURCHWELL
F A.-1 C 1,,( t;-f Q f.!

APPROVED AS TO FORM ONLY:


JOSE R. RODRiGUEZ
EI Paso County Attorney

.-- ..
/-
nty Attorney

"A PERSON WHO VIOLATES THIS ORDER MAYBE PUNISHED FOR CONTEMPT OF COURT BY A
FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS OR
BOTH."

"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE
PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. DURING
THE TIME IN WHICH TillS ORDER IS VALID, EVERY PROVISION OF TillS ORDER IS IN FULL
FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER."

"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY
BEAFELONY PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR
AS LONG AS ONE (1) YEAR, OR BOTH. AN ACT THAT RESULTS IN FAMILY VIOLENCE MAY BE
PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS
PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN
PRISON FOR AT LEAST TWO (2) YEARS."

"IT IS UNLAWFUL FOR ANY PERSON WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
FIREARM OR AMMUNITION."

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