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 t o be heard t he above st yl ed
and numbered Appl icat ion for a Prot ect ive Order pursuant t o Tit l e 4, Tex. Fam. Code Ann. ( Vernon 1 997 &
DANYELLE CHURCHWELL, hereinaft er referred t o as "Appl icant ", appeared in person and
wit h Assist ant Count y At t orney and CALEB CHURCHWELL, hereinaft er referred t o as "Respondent "
appeared:
_ _ _ mperson
_ _ _ wit h at t orney of record
- - - * having been dul y cit ed did not appear a~ d whol l y made defaul t .
A record of t he t est imony made by . eeL! L_ C( ~ ; ~ JN_ ' e_ :7- - + - _
JURISDICTION
The Court , having read t he pl eadings, and heard t he evidence and argument of counsel , finds t hat al l
necessary prerequisit es of t he l aw have been sat isfied and t hat t his Court has jurisdict ion over t he part ies
and subject mat t er of t his cause.
The Court finds t hat t he Appl icant and Respondent are SPOUSES.
[ ] The Court furt her finds t hat t he part ies have agreed, as evidenced by t heir signat ures and subject t o
approval by t he Court t o t he t erms set out bel ow, t hat such t erms of t he prot ect ive order are in t he best
int erest of t he appl icant , t he famil y or househol d, or a member of t he famil y or househol d, and t hat such
IT IS T!JEREFORE ORDERED t hat Appl icant ' s request for a Prot ect ive Order is hereby:
_ _ ! _ • • g"r<>ant edunt il t he -dfl- day of U . L \ £ .: 200l unl ess
CALEB CHURCHWELL is in prison on t hi day, in which case t he Prot ect ive Order
shal l expire on t he first anniversary of t he dat e CALEB CHURCHWELL is rel eased from
prison, pursuant t o Tex. Fam. Code Ann. § 85.025( c) ( Vernon Supp. 1 999) .
IT IS ORDERED t hat , pursuant t o Tex. Fam. Code Ann. § 85.022( b) ( Vernon 1 997) , CALEB
CHURCHWELL is PROl l l BITED from doing t he fol l owing:
( 1 ) Commit t ing act s of famil y viol ence;
( 2) Communicat ing:
( a) direct l y wit h DANYELLE CHURCHWELL or a member of t he famil y or
househol d of a person prot ect ed by an order, in a t hreat ening or harassing manner;
( b) a t hreat t hrough any person t o DANYELLE CHURCHWELL or a member oft he
famil y or househol d of a person prot ect ed by an order; and
( 3) Going wit hin 200 yards of t he residence or pl ace of empl oyment or business of
DANYELLE CHURCHWELL or member of t he famil y or househol d of DANYELLE
CHURCHWELL, such addresses current l y being t he fol l owing:
- - 1 ~ . AUSTIN S' f., EL PASO, 'FX 7991 6C:- O C : Il\ ~c\ e(\ -+t r I
U.S. ARMY, BLDG. 2450, EL PASO, TX 7991 6
( 4) Engaging in conduct direct ed specifical l y t oward DANYELLE CHURCHWELL or a
member of t he famil y or househol d of DANYELLE CHURCHWELL, incl uding
fol l owing t he person, t hat is reasonabl y l ikel y t o harass, annoy, al arm, abuse, t orment , or
embarrass t he person.
The Court ORDERS t hat shoul d CALEB CHURCHWELL possess a l icense( s) t o carry a
conceal ed handgun it be suspended immediat el y, pursuant t o Tex. Fam. Code Ann. § 85.022( d) ( Vernon
Supp. 1 999) .
IT IS FURTHER ORDERED t hat , pursuant t o Tex. Fam. Code Ann. § 85.021 ( Vernon 1 997) ,
CALEB CHURCHWELL is prohibit ed from:
( 1 ) Transferring, encumbering or ot herwise disposing of propert y mut ual l y owned or l eased by
t he part ies, except in t he ordinary course of business;
IT IS ORDERED t hat DANYELLE CHURCHWELL is grant ed excl usive use a
t he residence l ocat ed 1 945 A. AUSTIN ST., EL PASO, TX, 7991 6. IT IS FURTHER
CALEB CHURCHWELL shal l vacat e t he residence l ocat ed at 1 945 A. Aust in St ., EI a
by ( ~ , ~ wt Respondent is permIt t ed t o ret rieve cl ot hing and personal pl Opet t y on
. IT IS HEREBY ORDERED t hat t he Chief of Pol ice of t he Cit y of El Paso,
Texas or t he Sheriff of El Paso Count y shal l provide a l aw enforcement officer t o accompany DANYELLE
CHURCHWELL t o t he residence; t o inform CALEB CHURCHWELL t hat t he Court has ordered t hat
CALEB CHURCHWELL be excl uded from t he residence; t o prot ect DANYELLE CHURCHWELL
whil e DANYELLE CHURCHWELL t akes possession of t he residence and CALEB CHURCHWELL
t akes possession of CALEB CHURCHWELL' s necessary personal propert y; and if CALEB
CHURCHWELL refuses t o vacat e t he residence t o remove CALEB CHURCHWELL from t he residence
and t o arrest CALEB CHURCHWELL for viol at ing t he court order.
IT IS FURTHER ORDERED t hat CALEB CHURCHWELL IS al l owed t o ret rieve t he
foregoing propert y on t he fol l owing dat e and t ime:
The C70rt fi s t hat t he fol l owing orders are in t he best int erest s of t he members of t he. famil y.or
househol d: , A- | | | | ~ 1 2- U:jn
IT IS ORDERED t hat CALEB CHURCHWELL shal l enrol l in t he EL PI\SO
GENTER AGAIr( ST FAMILy VIOLENcE B.!.P.P. PROGRAM, 3800 N.
Piedras, Suit e C, EI Paso, Texas ( 91 5) 562- 0077, wit hin:
IT IS ORDERED t hat CALEB CHURCHWELL shal l enrol l in t he ALCOHOL
AND DRUG EDUCATIONAL SERVICES, 1 801 Wyoming, Suit e 1 02, EI
Paso, Texas ( 91 5) 351 - 6832, wit hin:
~ t y ( 60) days oft he dat e of t his order
_ _ _ sixt y ( 60) days of Respondent ' s rel ease from jail .
ADDITIONALLY, IT IS ORDERED t hat CALEB CHURCHWELL shal l
compl eramil y viol ence counsel ing wit hin:
_ _ / _ Donnie hundred and eight y- t wo ( 1 82) days of t he dat e of t his order;
_ _ _ one hundred and eight y- t wo ( 1 82) days of Respondent ' s rel ease from jail ;
wit h t he ( he- r~· ,
If CALEB CHURC fail s t o compl et e counsel ing or fail s . \ "\ id e ~i9'.
t hat t he counsel ing is not avail abl e wit hin a reasonabl e dis. I r#' C
CHURCHWELL' s residence, CALEB CHURCHWELL is l adY' ed t
fail ure t o compl y is punishabl e by Cont empt of Court as provided'
Ann. § 21 .002 ( Vernon 1 988 & Supp. 1 997) . " .; .
t o~ as
reasonabl e at t orney' s fees for t he services of t he prosecut ing at t orney in t his act ion. IT IS ORDERED t hat
EL PASO COUNTY, TEXAS is hereby awarded judgment in t he amount of $ lSL ) ~ for
reasonabl e and necessary l egal services rendered as provided in Tex. Fam Code Ann. § 81 .005 ( Vernon
1 997) . Judgment is awarded against CALEB CHURCHWELL, for which l et execut ion issue. The
amount col l ect ed under t his judgment shal l be paid t o t he credit of t he count y fund from which sal aries of
empl oyees of t he prosecut ing at t orney are paid or suppl ement ed. IT IS ORDERED t hat Respondent shal l
sat isfY such judgment no l at er t han 5:00 p.m., by t endering t he amount owed by money order, t o t he office
of t he Count y At t orney ofEI Paso, 500 E. San Ant onio, Room 50J; El Paso, Texas 79901 , wit hin:
''i. sixt y ( 60) days of t he dat e of t his order;
_ ~_ _ ixt y ( 60) days of Respondent ' s rel ease from jail .
The Court furt her finds t hat CALEB CHURCHWELL shoul d be assessed court cost s incurred in
connect ion wit h t his Prot ect ive Order as provided in Tex. Fam. Code Ann. § 81 .003 ( Vernon 1 997) . IT IS
THEREFORE ORDERED t hat judgment is awarded in favor of EL PASO COUNTY, TEXAS and
against CALEB CHURCHWELL for t he $1 6.00 prot ect ive order fee, t he st andard fees charged by t he
cl erk of t he court in a general civil proceeding for t he cost s of service of t he order, t he cost s of court and al l
ot her fees, charges or expenses incurred in connect ion wit h t his prot ect ive order. CALEB
CHURCHWELL is t o pay said cost s by t endering t he amount owed t o t he Office of t he Dist rict Cl erk ofEI
Paso, 500 E. San Ant onio, Room 1 03, El Paso, Texas 79901 . CALEB CHURCHWELL is advised t hat
fail ure t o pay t hese charges before t he sixt iet h ( 60t h) day aft er t he dat e t his order is rendered wil l resul t in
punishment for cont empt of court as provided by §21 .002, Govt . Code.
A copy of t his order wil l be forwarded t o t he Chief of Pol ice for t he Cit y of El Paso, Texas and t he
Sheriff of El Paso Count y, Texas as wel l as t he Texas Depart ment of Publ ic Safet y.
SIGNED t his ~ 1 day of _
(4fQ~
ASSOCIATEJunGE )
f i
AGREED:
/ - - "
i r; ' · ' . (/ .t L F C/ t , ,\A.- 1 C 1 ,,( t ; - f Q '
DANYELLJi"CHURCHWELL
APPROVED AS TO FORM ONLY:
JOSE R. RODRiGUEZ
EI Paso Count y At t orney
.- - ..
/ -
nt y At t orney
"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 Til l S ORDER IS VALID, EVERY PROVISION OF Til l S 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."