IN THE 65TH JUDICIAL DISTRICT COURTEL 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\£.: 200l unlessCALEB CHURCHWELL is in prison on thi day, in which case the Protective Ordershall expire on the first anniversary of the date CALEB CHURCHWELL is released fromprison, 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 orhousehold 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 ofthefamily or household of a person protected by an order; and

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

--1~. AUSTIN S'f., EL PASO, 'FX 79916C:- OC:Il\~c\e(\-+trIU.S. ARMY, BLDG. 2450, EL PASO, TX 79916

(4) Engaging in conduct directed specifically toward DANYELLE CHURCHWELL or amember of the family or household of DANYELLE CHURCHWELL, includingfollowing the person, that is reasonably likely to harass, annoy, alarm, abuse, torment, orembarrass 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 bythe parties, except in the ordinary course of business;

IT IS ORDERED that DANYELLE CHURCHWELL is granted exclusive use athe residence located 1945 A. AUSTIN ST., EL PASO, TX, 79916. IT IS FURTHERCALEB 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 DANYELLECHURCHWELL to the residence; to inform CALEB CHURCHWELL that the Court has ordered thatCALEB CHURCHWELL be excluded from the residence; to protect DANYELLE CHURCHWELLwhile DANYELLE CHURCHWELL takes possession of the residence and CALEB CHURCHWELLtakes possession of CALEB CHURCHWELL's necessary personal property; and if CALEBCHURCHWELL refuses to vacate the residence to remove CALEB CHURCHWELL from the residenceand to arrest CALEB CHURCHWELL for violating the court order.

IT IS FURTHER ORDERED that CALEB CHURCHWELL IS allowed to retrieve theforegoing 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.orhousehold: , A- '1:;IPP ~12-U:jn

IT IS ORDERED that CALEB CHURCHWELL shall enroll in the EL PI\SOGENTER 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 ALCOHOLAND DRUG EDUCATIONAL SERVICES, 1801 Wyoming, Suite 102, EIPaso, 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 shallcompleramily violence counseling within:

__ /_ Donniehundred 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. I r#' CCHURCHWELL's residence, CALEB CHURCHWELL is ladY' ed tfailure to comply is punishable by Contempt of Court as provided'Ann. § 21.002 (Vernon 1988 & Supp. 1997). " .;.

to~asreasonable 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 F C/t, ,\A.-1 C 1,,( t;-f Q f.!

DANYELLJi"CHURCHWELL

APPROVED AS TO FORM ONLY:JOSE R. RODRiGUEZEI Paso County Attorney

.--../-nty Attorney

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

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

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

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