reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 81 - General Provisions › Section 81.010. Court Enforcement

Sec. 81.010.  COURT ENFORCEMENT.  (a)  A court of this state with jurisdiction of proceedings arising under this title may enforce a protective order rendered by another court in the same manner that the court that rendered the order could enforce the order, regardless of whether the order is transferred under Subchapter D, Chapter 85.
(b)  A court's authority under this section includes the authority to enforce a protective order through contempt.
(c)  A motion for enforcement of a protective order rendered under this title may be filed in:
(1)  any court in the county in which the order was rendered with jurisdiction of proceedings arising under this title;
(2)  a county in which the movant or respondent resides; or
(3)  a county in which an alleged violation of the order occurs.
Added by Acts 2011, 82nd Leg., R.S., Ch. 632 (S.B. 819), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 81 - General Provisions › Section 81.011. Use of Digitized Signature

Sec. 81.011.  USE OF DIGITIZED SIGNATURE.  (a)  A digitized signature on an application for a protective order under this title or any other pleading or order in a proceeding under this title satisfies the requirements for and imposes the duties of signatories to pleadings, motions, and other papers identified under Rule 13, Texas Rules of Civil Procedure.
(b)  A digitized signature under this section may be applied only by, and must remain under the sole control of, the person whose signature is represented.
Added by Acts 2015, 84th Leg., R.S., Ch. 1165 (S.B. 813), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 82 - Applying for Protective Order › Subchapter A. Application for Protective Order › Section 82.001. Application

Sec. 82.001.  APPLICATION.  A proceeding under this subtitle is begun by filing "An Application for a Protective Order" with the clerk of the court.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 82 - Applying for Protective Order › Subchapter A. Application for Protective Order › Section 82.002. Who May File Application

Sec. 82.002.  WHO MAY FILE APPLICATION.  (a)  With regard to family violence under Section 71.004(1) or (2), an adult member of the family or household may file an application for a protective order to protect the applicant or any other member of the applicant's family or household.
Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 872 (S.B. 116), Sec. 3
(b)  With regard to family violence under Section 71.004(3), an application for a protective order to protect the applicant may be filed by:
(1)  an adult member of the dating relationship; or
(2)  an adult member of the marriage, if the victim is or was married as described by Section 71.0021(a)(1)(B).
Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 632 (S.B. 819), Sec. 2
(b)  With regard to family violence under Section 71.004(3), an application for a protective order to protect the applicant may be filed by a member of the dating relationship, regardless of whether the member is an adult or a child.
(c)  Any adult may apply for a protective order to protect a child from family violence.
(d)  In addition, an application may be filed for the protection of any person alleged to be a victim of family violence by:
(1)  a prosecuting attorney; or
(2)  the Department of Family and Protective Services.
(e)  The person alleged to be the victim of family violence in an application filed under Subsection (c) or (d) is considered to be the applicant for a protective order under this subtitle.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.  Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 8, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 91, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 110 (H.B. 841), Sec. 7, eff. May 21, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 632 (S.B. 819), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 872 (S.B. 116), Sec. 3, eff. June 17, 2011.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 82 - Applying for Protective Order › Subchapter A. Application for Protective Order › Section 82.003. Venue

Sec. 82.003.  VENUE.  An application may be filed in:
(1)  the county in which the applicant resides;
(2)  the county in which the respondent resides; or
(3)  any county in which the family violence is alleged to have occurred.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 392 (S.B. 129), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 82 - Applying for Protective Order › Subchapter A. Application for Protective Order › Section 82.004. Form and Content of Application

Sec. 82.004.  FORM AND CONTENT OF APPLICATION.  A person filing an application under this chapter shall use the protective order application form created by the Office of Court Administration of the Texas Judicial System under Section 72.039, Government Code, that is available on the office's Internet website, and shall include in the application:
(1)  the name and county of residence of each applicant;
(2)  the name and county of residence of each individual alleged to have committed family violence;
(3)  the relationships between the applicants and the individual alleged to have committed family violence;
(4)  a request for one or more protective orders; and
(5)  whether an applicant is receiving services from the Title IV-D agency in connection with a child support case and, if known, the agency case number for each open case.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.  Amended by Acts 2001, 77th Leg., ch. 296, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 742 (S.B. 355), Sec. 3, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 1037 (S.B. 48), Sec. 5, eff. June 18, 2023.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 82 - Applying for Protective Order › Subchapter A. Application for Protective Order › Section 82.005. Application Filed During Suit for Dissolution of Marriage or Suit Affecting Parent-Child Relationship

Sec. 82.005.  APPLICATION FILED DURING SUIT FOR DISSOLUTION OF MARRIAGE OR SUIT AFFECTING PARENT-CHILD RELATIONSHIP.  A person who wishes to apply for a protective order with respect to the person's spouse and who is a party to a suit for the dissolution of a marriage or a suit affecting the parent-child relationship that is pending in a court must file the application as required by Subchapter D, Chapter 85.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.  Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 9, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 82 - Applying for Protective Order › Subchapter A. Application for Protective Order › Section 82.006. Application Filed After Dissolution of Marriage

Sec. 82.006.  APPLICATION FILED AFTER DISSOLUTION OF MARRIAGE.  If an applicant for a protective order is a former spouse of the individual alleged to have committed family violence, the application must include:
(1)  a copy of the decree dissolving the marriage;  or
(2)  a statement that the decree is unavailable to the applicant and that a copy of the decree will be filed with the court before the hearing on the application.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 82 - Applying for Protective Order › Subchapter A. Application for Protective Order › Section 82.007. Application Filed for Child Subject to Continuing Jurisdiction

Sec. 82.007.  APPLICATION FILED FOR CHILD SUBJECT TO CONTINUING JURISDICTION.  An application that requests a protective order for a child who is subject to the continuing exclusive jurisdiction of a court under Title 5 or alleges that a child who is subject to the continuing exclusive jurisdiction of a court under Title 5 has committed family violence must include:
(1)  a copy of each court order affecting the conservatorship, support, and possession of or access to the child;  or
(2)  a statement that the orders affecting the child are unavailable to the applicant and that a copy of the orders will be filed with the court before the hearing on the application.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 82 - Applying for Protective Order › Subchapter A. Application for Protective Order › Section 82.008. Application Filed After Expiration of Former Protective Order

Sec. 82.008.  APPLICATION FILED AFTER EXPIRATION OF FORMER PROTECTIVE ORDER.  (a)  An application for a protective order that is filed after a previously rendered protective order has expired must include:
(1)  a copy of the expired protective order attached to the application or, if a copy of the expired protective order is unavailable, a statement that the order is unavailable to the applicant and that a copy of the order will be filed with the court before the hearing on the application;
(2)  a description of either:
(A)  the violation of the expired protective order, if the application alleges that the respondent violated the expired protective order by committing an act prohibited by that order before the order expired;  or
(B)  the threatened harm that reasonably places the applicant in fear of imminent physical harm, bodily injury, assault, or sexual assault;  and
(3)  if a violation of the expired order is alleged, a statement that the violation of the expired order has not been grounds for any other order protecting the applicant that has been issued or requested under this subtitle.
(b)  The procedural requirements for an original application for a protective order apply to a protective order requested under this section.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.  Amended by Acts 1999, 76th Leg., ch. 1160, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 82 - Applying for Protective Order › Subchapter A. Application for Protective Order › Section 82.0085. Application Filed Before Expiration of Previously Rendered Protective Order

Sec. 82.0085.  APPLICATION FILED BEFORE EXPIRATION OF PREVIOUSLY RENDERED PROTECTIVE ORDER.  (a)  If an application for a protective order alleges that an unexpired protective order applicable to the respondent is due to expire not later than the 30th day after the date the application was filed, the application for the subsequent protective order must include:
(1)  a copy of the previously rendered protective order attached to the application or, if a copy of the previously rendered protective order is unavailable, a statement that the order is unavailable to the applicant and that a copy of the order will be filed with the court before the hearing on the application;  and
(2)  a description of the threatened harm that reasonably places the applicant in fear of imminent physical harm, bodily injury, assault, or sexual assault.
(b)  The procedural requirements for an original application for a protective order apply to a protective order requested under this section.
Added by Acts 1999, 76th Leg., ch. 1160, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 82 - Applying for Protective Order › Subchapter A. Application for Protective Order › Section 82.009. Application for Temporary Ex Parte Order

Sec. 82.009.  APPLICATION FOR TEMPORARY EX PARTE ORDER.  (a)  An application that requests the issuance of a temporary ex parte order under Chapter 83 must:
(1)  contain a detailed description of the facts and circumstances concerning the alleged family violence and the need for the immediate protective order; and
(2)  be signed by each applicant under an oath that the facts and circumstances contained in the application are true to the best knowledge and belief of each applicant.
(b)  For purposes of this section, a statement signed under oath by a child is valid if the statement otherwise complies with this chapter.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 632 (S.B. 819), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 82 - Applying for Protective Order › Subchapter A. Application for Protective Order › Section 82.010. Confidentiality of Application

Sec. 82.010.  CONFIDENTIALITY OF APPLICATION.  (a)  This section applies only in a county with a population of 3.4 million or more.
(b)  Except as otherwise provided by law, an application for a protective order is confidential, is excepted from required public disclosure under Chapter 552, Government Code, and may not be released to a person who is not a respondent to the application until after the date of service of notice of the application or the date of the hearing on the application, whichever date is sooner.
(c)  Except as otherwise provided by law, an application requesting the issuance of a temporary ex parte order under Chapter 83 is confidential, is excepted from required public disclosure under Chapter 552, Government Code, and may not be released to a person who is not a respondent to the application until after the date that the court or law enforcement informs the respondent of the court's order.
Acts 2003, 78th Leg., ch. 1314, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 82 - Applying for Protective Order › Subchapter A. Application for Protective Order › Section 82.011. Confidentiality of Certain Information

Sec. 82.011.  CONFIDENTIALITY OF CERTAIN INFORMATION.  On request by an applicant, the court may protect the applicant's mailing address and county of residence by rendering an order:
(1)  requiring the applicant to:
(A)  disclose the applicant's mailing address and county of residence to the court;
(B)  designate a person to receive on behalf of the applicant any notice or documents filed with the court related to the application; and
(C)  disclose the designated person's mailing address to the court;
(2)  requiring the court clerk to:
(A)  strike the applicant's mailing address and county of residence from the public records of the court, if applicable; and
(B)  maintain a confidential record of the applicant's mailing address and county of residence for use only by the court; and
(3)  prohibiting the release of the information to the respondent.
Added by Acts 2017, 85th Leg., R.S., Ch. 422 (S.B. 1242), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 146 (S.B. 578), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 82 - Applying for Protective Order › Subchapter B. Pleadings by Respondent › Section 82.021. Answer

Sec. 82.021.  ANSWER.  A respondent to an application for a protective order who is served with notice of an application for a protective order may file an answer at any time before the hearing.  A respondent is not required to file an answer to the application.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 82 - Applying for Protective Order › Subchapter B. Pleadings by Respondent › Section 82.022. Request by Respondent for Protective Order

Sec. 82.022.  REQUEST BY RESPONDENT FOR PROTECTIVE ORDER.  To apply for a protective order, a respondent to an application for a protective order must file a separate application.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 82 - Applying for Protective Order › Subchapter C. Notice of Application for Protective Order › Section 82.041. Contents of Notice of Application

Sec. 82.041.  CONTENTS OF NOTICE OF APPLICATION.  (a)  A notice of an application for a protective order must:
(1)  be styled "The State of Texas";
(2)  be signed by the clerk of the court under the court's seal;
(3)  contain the name and location of the court;
(4)  show the date the application was filed;
(5)  show the date notice of the application for a protective order was issued;
(6)  show the date, time, and place of the hearing;
(7)  show the file number;
(8)  show the name of each applicant and each person alleged to have committed family violence;
(9)  be directed to each person alleged to have committed family violence;
(10)  show:
(A)  the name and address of the attorney for the applicant; or
(B)  if the applicant is not represented by an attorney:
(i)  the mailing address of the applicant; or
(ii)  if applicable, the name and mailing address of the person designated under Section 82.011; and
(11)  contain the address of the clerk of the court.
(b)  The notice of an application for a protective order must state:  "An application for a protective order has been filed in the court stated in this notice alleging that you have committed family violence.  You may employ an attorney to defend you against this allegation.  You or your attorney may, but are not required to, file a written answer to the application.  Any answer must be filed before the hearing on the application.  If you receive this notice within 48 hours before the time set for the hearing, you may request the court to reschedule the hearing not later than 14 days after the date set for the hearing.  If you do not attend the hearing, a default judgment may be taken and a protective order may be issued against you."
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.  Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 10, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 422 (S.B. 1242), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 82 - Applying for Protective Order › Subchapter C. Notice of Application for Protective Order › Section 82.042. Issuance of Notice of Application

Sec. 82.042.  ISSUANCE OF NOTICE OF APPLICATION.  (a)  On the filing of an application, the clerk of the court shall issue a notice of an application for a protective order and deliver the notice as directed by the applicant.
(b)  On request by the applicant, the clerk of the court shall issue a separate or additional notice of an application for a protective order.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 82 - Applying for Protective Order › Subchapter C. Notice of Application for Protective Order › Section 82.043. Service of Notice of Application

Sec. 82.043.  SERVICE OF NOTICE OF APPLICATION.  (a)  Each respondent to an application for a protective order is entitled to service of notice of an application for a protective order.
(b)  An applicant for a protective order shall furnish the clerk with a sufficient number of copies of the application for service on each respondent.
(c)  Notice of an application for a protective order must be served in the same manner as citation under the Texas Rules of Civil Procedure, except that service by publication is not authorized.
(d)  Service of notice of an application for a protective order is not required before the issuance of a temporary ex parte order under Chapter 83.
(e)  The requirements of service of notice under this subchapter do not apply if the application is filed as a motion in a suit for dissolution of a marriage.  Notice for the motion is given in the same manner as any other motion in a suit for dissolution of a marriage.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 83 - Temporary Ex Parte Orders › Section 83.001. Requirements for Temporary Ex Parte Order

Sec. 83.001.  REQUIREMENTS FOR TEMPORARY EX PARTE ORDER.  (a)  If the court finds from the information contained in an application for a protective order that there is a clear and present danger of family violence, the court, without further notice to the individual alleged to have committed family violence and without a hearing, may enter a temporary ex parte order for the protection of the applicant or any other member of the family or household of the applicant.
(b)  In a temporary ex parte order, the court may direct a respondent to do or refrain from doing specified acts.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.  Amended by Acts 2001, 77th Leg., ch. 91, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 83 - Temporary Ex Parte Orders › Section 83.002. Duration of Order; Extension

Sec. 83.002.  DURATION OF ORDER;  EXTENSION.  (a)  A temporary ex parte order is valid for the period specified in the order, not to exceed 20 days.
(b)  On the request of an applicant or on the court's own motion, a temporary ex parte order may be extended for additional 20-day periods.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 83 - Temporary Ex Parte Orders › Section 83.0025. Enforcement of Temporary Ex Parte Order

Sec. 83.0025.  ENFORCEMENT OF TEMPORARY EX PARTE ORDER.  A temporary ex parte order rendered under this chapter is enforceable to the same extent and in the same manner as a final protective order rendered under Chapter 85.
Added by Acts 2023, 88th Leg., R.S., Ch. 481 (H.B. 660), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 83 - Temporary Ex Parte Orders › Section 83.003. Bond Not Required

Sec. 83.003.  BOND NOT REQUIRED.  The court, at the court's discretion, may dispense with the necessity of a bond for a temporary ex parte order.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 83 - Temporary Ex Parte Orders › Section 83.004. Motion to Vacate

Sec. 83.004.  MOTION TO VACATE.  Any individual affected by a temporary ex parte order may file a motion at any time to vacate the order.  On the filing of the motion to vacate, the court shall set a date for hearing the motion as soon as possible.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.  Amended by Acts 2001, 77th Leg., ch. 91, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 83 - Temporary Ex Parte Orders › Section 83.005. Conflicting Orders

Sec. 83.005.  CONFLICTING ORDERS.  During the time the order is valid, a temporary ex parte order prevails over any other court order made under Title 5 to the extent of any conflict between the orders.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.  Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 11, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 83 - Temporary Ex Parte Orders › Section 83.006. Exclusion of Party From Residence

Sec. 83.006.  EXCLUSION OF PARTY FROM RESIDENCE.  (a)  Subject to the limitations of Section 85.021(2), a person may only be excluded from the occupancy of the person's residence by a temporary ex parte order under this chapter if the applicant:
(1)  files a sworn affidavit that provides a detailed description of the facts and circumstances requiring the exclusion of the person from the residence;  and
(2)  appears in person to testify at a temporary ex parte hearing to justify the issuance of the order without notice.
(b)  Before the court may render a temporary ex parte order excluding a person from the person's residence, the court must find from the required affidavit and testimony that:
(1)  the applicant requesting the excluding order either resides on the premises or has resided there within 30 days before the date the application was filed;
(2)  the person to be excluded has within the 30 days before the date the application was filed committed family violence against a member of the household;  and
(3)  there is a clear and present danger that the person to be excluded is likely to commit family violence against a member of the household.
(c)  The court may recess the hearing on a temporary ex parte order to contact the respondent by telephone and provide the respondent the opportunity to be present when the court resumes the hearing.  Without regard to whether the respondent is able to be present at the hearing, the court shall resume the hearing before the end of the working day.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 632 (S.B. 819), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 83 - Temporary Ex Parte Orders › Section 83.007. Standard Temporary Ex Parte Order Form

Sec. 83.007.  STANDARD TEMPORARY EX PARTE ORDER FORM.  (a)  The court shall use the standardized temporary ex parte order form created by the Office of Court Administration of the Texas Judicial System under Section 72.039, Government Code, to issue a temporary ex parte order under this chapter.
(b)  A court's failure to use the standardized temporary ex parte order form as required under Subsection (a) does not affect the validity or enforceability of the temporary ex parte order issued.
Added by Acts 2023, 88th Leg., R.S., Ch. 1037 (S.B. 48), Sec. 6, eff. June 18, 2023.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 84 - Hearing › Section 84.001. Time Set for Hearing

Sec. 84.001.  TIME SET FOR HEARING.  (a)  On the filing of an application for a protective order, the court shall set a date and time for the hearing unless a later date is requested by the applicant.  Except as provided by Section 84.002, the court may not set a date later than the 14th day after the date the application is filed.
(b)  The court may not delay a hearing on an application in order to consolidate it with a hearing on a subsequently filed application.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 84 - Hearing › Section 84.002. Extended Time for Hearing in District Court in Certain Counties

Sec. 84.002.  EXTENDED TIME FOR HEARING IN DISTRICT COURT IN CERTAIN COUNTIES.  (a)  On the request of the prosecuting attorney in a county with a population of more than 2.5 million or in a county in a judicial district that is composed of more than one county, the district court shall set the hearing on a date and time not later than 20 days after the date the application is filed or 20 days after the date a request is made to reschedule a hearing under Section 84.003.
(b)  The district court shall grant the request of the prosecuting attorney for an extended time in which to hold a hearing on a protective order either on a case-by-case basis or for all cases filed under this subtitle.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.  Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 12, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 17, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 32, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 84 - Hearing › Section 84.003. Hearing Rescheduled for Failure of Service

Sec. 84.003.  HEARING RESCHEDULED FOR FAILURE OF SERVICE.  (a)  If a hearing set under this chapter is not held because of the failure of a respondent to receive service of notice of an application for a protective order, the applicant may request the court to reschedule the hearing.
(b)  Except as provided by Section 84.002, the date for a rescheduled hearing shall be not later than 14 days after the date the request is made.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 84 - Hearing › Section 84.004. Hearing Rescheduled for Insufficient Notice

Sec. 84.004.  HEARING RESCHEDULED FOR INSUFFICIENT NOTICE.  (a)  If a respondent receives service of notice of an application for a protective order within 48 hours before the time set for the hearing, on request by the respondent, the court shall reschedule the hearing for a date not later than 14 days after the date set for the hearing.
(b)  The respondent is not entitled to additional service for a hearing rescheduled under this section.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 84 - Hearing › Section 84.005. Legislative Continuance

Sec. 84.005.  LEGISLATIVE CONTINUANCE.  If a proceeding for which a legislative continuance is sought under Section 30.003, Civil Practice and Remedies Code, includes an application for a protective order, the continuance is discretionary with the court.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 6.10(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 84 - Hearing › Section 84.006. Hearsay Statement of Child Victim of Family Violence

Sec. 84.006.  HEARSAY STATEMENT OF CHILD VICTIM OF FAMILY VIOLENCE.  In a hearing on an application for a protective order, a statement made by a child 12 years of age or younger that describes alleged family violence against the child is admissible as evidence in the same manner that a child's statement regarding alleged abuse against the child is admissible under Section 104.006 in a suit affecting the parent-child relationship.
Added by Acts 2011, 82nd Leg., R.S., Ch. 59 (H.B. 905), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 85 - Issuance of Protective Order › Subchapter A. Findings and Orders › Section 85.001. Required Findings and Orders

Sec. 85.001.  REQUIRED FINDINGS AND ORDERS.
(a)  At the close of a hearing on an application for a protective order, the court shall find whether family violence has occurred.
(b)  If the court finds that family violence has occurred, the court:
(1)  shall render a protective order as provided by Section 85.022 applying only to a person found to have committed family violence; and
(2)  may render a protective order as provided by Section 85.021 applying to both parties that is in the best interest of the person protected by the order or member of the family or household of the person protected by the order.
(c)  A protective order that requires the first applicant to do or refrain from doing an act under Section 85.022 shall include a finding that the first applicant has committed family violence.
(d)  If the court renders a protective order for a period of more than two years, the court must include in the order a finding described by Section 85.025(a-1).
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.  Amended by Acts 2001, 77th Leg., ch. 91, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 627 (S.B. 789), Sec. 1, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 688 (H.B. 1432), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 85 - Issuance of Protective Order › Subchapter A. Findings and Orders › Section 85.002. Exception for Violation of Expired Protective Order

Sec. 85.002.  EXCEPTION FOR VIOLATION OF EXPIRED PROTECTIVE ORDER.  If the court finds that a respondent violated a protective order by committing an act prohibited by the order as provided by Section 85.022, that the order was in effect at the time of the violation, and that the order has expired after the date that the violation occurred, the court, without the necessity of making the finding described by Section 85.001(a), shall render a protective order as provided by Section 85.022 applying only to the respondent and may render a protective order as provided by Section 85.021.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.  Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 13, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 688 (H.B. 1432), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 85 - Issuance of Protective Order › Subchapter A. Findings and Orders › Section 85.003. Separate Protective Orders Required

Sec. 85.003.  SEPARATE PROTECTIVE ORDERS REQUIRED.  (a)  A court that renders separate protective orders that apply to both parties and require both parties to do or refrain from doing acts under Section 85.022 shall render two distinct and separate protective orders in two separate documents that reflect the appropriate conditions for each party.
(b)  A court that renders protective orders that apply to both parties and require both parties to do or refrain from doing acts under Section 85.022 shall render the protective orders in two separate documents.  The court shall provide one of the documents to the applicant and the other document to the respondent.
(c)  A court may not render one protective order under Section 85.022 that applies to both parties.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 85 - Issuance of Protective Order › Subchapter A. Findings and Orders › Section 85.004. Protective Order in Suit for Dissolution of Marriage

Sec. 85.004.  PROTECTIVE ORDER IN SUIT FOR DISSOLUTION OF MARRIAGE.  A protective order in a suit for dissolution of a marriage must be in a separate document entitled "PROTECTIVE ORDER."
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 85 - Issuance of Protective Order › Subchapter A. Findings and Orders › Section 85.005. Agreed Order

Sec. 85.005.  AGREED ORDER.  (a)  To facilitate settlement, the parties to a proceeding may agree in writing to a protective order as provided by Sections 85.021 and 85.022.  An agreement under this subsection is subject to the approval of the court.  The court may not approve an agreement that requires the applicant for the protective order to do or refrain from doing an act under Section 85.022.
(b)  An agreed protective order is enforceable civilly or criminally, regardless of whether the court makes the findings required by Section 85.001.
(c)  If the court approves an agreement between the parties, the court shall render an agreed protective order that is in the best interest of the applicant, the family or household, or a member of the family or household.
(d)  An agreed protective order is not enforceable as a contract.
(e)  An agreed protective order expires on the date the court order expires.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 541 (H.B. 1059), Sec. 1, eff. June 17, 2005.
Acts 2021, 87th Leg., R.S., Ch. 787 (H.B. 39), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 85 - Issuance of Protective Order › Subchapter A. Findings and Orders › Section 85.006. Default Order

Sec. 85.006.  DEFAULT ORDER.  (a)  Notwithstanding Rule 107, Texas Rules of Civil Procedure, a court may render a protective order that is binding on a respondent who does not attend a hearing if:
(1)  the respondent received service of the application and notice of the hearing; and
(2)  proof of service was filed with the court before the hearing.
(b)  If the court reschedules the hearing under Chapter 84, a protective order may be rendered if the respondent does not attend the rescheduled hearing.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 787 (H.B. 39), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 85 - Issuance of Protective Order › Subchapter A. Findings and Orders › Section 85.007. Confidentiality of Certain Information

Sec. 85.007.  CONFIDENTIALITY OF CERTAIN INFORMATION.
(a)  On request by a person protected by an order or member of the family or household of a person protected by an order, the court may exclude from a protective order:
(1)  the address, county of residence, and telephone number of a person protected by the order; or
(2)  the address and telephone number of:
(A)  the place of employment or business of a person protected by the order; or
(B)  the child-care facility or school a child protected by the order attends or in which the child resides.
(b)  On granting a request for confidentiality under this section, the court shall order the clerk to:
(1)  strike the information described by Subsection (a) from the public records of the court; and
(2)  maintain a confidential record of the information for use only by:
(A)  the court; or
(B)  a law enforcement agency for purposes of entering the information required by Section 411.042(b)(6), Government Code, into the statewide law enforcement information system maintained by the Department of Public Safety.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.  Amended by Acts 2001, 77th Leg., ch. 91, Sec. 7, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 422 (S.B. 1242), Sec. 3, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 146 (S.B. 578), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 85 - Issuance of Protective Order › Subchapter A. Findings and Orders › Section 85.009. Order Valid Until Superseded

Sec. 85.009.  ORDER VALID UNTIL SUPERSEDED.  A protective order rendered under this chapter is valid and enforceable pending further action by the court that rendered the order until the order is properly superseded by another court with jurisdiction over the order.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 85 - Issuance of Protective Order › Subchapter B. Contents of Protective Order › Section 85.021. Requirements of Order Applying to Any Party

Sec. 85.021.  REQUIREMENTS OF ORDER APPLYING TO ANY PARTY.  In a protective order, the court may:
(1)  prohibit a party from:
(A)  removing a child who is a member of the family or household from:
(i)  the possession of a person named in the order; or
(ii)  the jurisdiction of the court;
(B)  transferring, encumbering, or otherwise disposing of property, other than in the ordinary course of business, that is mutually owned or leased by the parties; or
(C)  removing a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code, from the possession or actual or constructive care of a person named in the order;
(2)  grant exclusive possession of a residence to a party and, if appropriate, direct one or more parties to vacate the residence if the residence:
(A)  is jointly owned or leased by the party receiving exclusive possession and a party being denied possession;
(B)  is owned or leased by the party retaining possession; or
(C)  is owned or leased by the party being denied possession and that party has an obligation to support the party or a child of the party granted possession of the residence;
(3)  provide for the possession of and access to a child of a party if the person receiving possession of or access to the child is a parent of the child;
(4)  require the payment of support for a party or for a child of a party if the person required to make the payment has an obligation to support the other party or the child; or
(5)  award to a party the use and possession of specified property that is community property or jointly owned or leased property.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 136 (S.B. 279), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 543 (S.B. 555), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 85 - Issuance of Protective Order › Subchapter B. Contents of Protective Order › Section 85.0221. Standard Protective Order Form

Sec. 85.0221.  STANDARD PROTECTIVE ORDER FORM.  (a)  The court shall use the standardized protective order form created by the Office of Court Administration of the Texas Judicial System under Section 72.039, Government Code, to issue a protective order under this  chapter.
(b)  A court's failure to use the standardized protective order form as required under Subsection (a) does not affect the validity or enforceability of the protective order issued.
Added by Acts 2023, 88th Leg., R.S., Ch. 1037 (S.B. 48), Sec. 7, eff. June 18, 2023.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 85 - Issuance of Protective Order › Subchapter B. Contents of Protective Order › Section 85.0225. Separation of Wireless Telephone Service Account

Sec. 85.0225.  SEPARATION OF WIRELESS TELEPHONE SERVICE ACCOUNT.  (a)  A petitioner who is the primary user of a wireless telephone number associated with the respondent's wireless telephone service account may submit to the court that renders a protective order for the petitioner under this chapter a request for the court to order:
(1)  the separation of that wireless telephone number from the respondent's wireless telephone service account; and
(2)  if applicable, the separation of each wireless telephone number primarily used by a child in the petitioner's care or custody.
(b)  The request must include each wireless telephone number for which the petitioner requests separation.
(c)  If the petitioner shows by a preponderance of the evidence that for each wireless telephone number listed in the request the petitioner or, if applicable, a child in the petitioner's care or custody is the primary user, the court shall render a separate order directing the wireless telephone service provider to transfer the billing responsibilities and rights to each listed wireless telephone number to the petitioner.
(d)  An order rendered under Subsection (c) must include:
(1)  the name and billing wireless telephone number of the wireless telephone service account holder;
(2)  each wireless telephone number to be transferred; and
(3)  a statement requiring the wireless telephone service provider to transfer to the petitioner all financial responsibility for and the right to use each wireless telephone number transferred.
(e)  For purposes of Subsection (d)(3), financial responsibility includes the monthly service costs associated with any mobile device associated with the wireless telephone number.
(f)  The court shall serve a copy of the order described by Subsection (c) on the registered agent for the wireless telephone service provider designated under Chapter 5, Business Organizations Code.
(g)  The court shall ensure that the contact information of the petitioner is not provided to the respondent as the wireless telephone service account holder in a proceeding under this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 245 (H.B. 1372), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 85 - Issuance of Protective Order › Subchapter B. Contents of Protective Order › Section 85.023. Effect on Property Rights

Sec. 85.023.  EFFECT ON PROPERTY RIGHTS.  A protective order or an agreement approved by the court under this subtitle does not affect the title to real property.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 85 - Issuance of Protective Order › Subchapter B. Contents of Protective Order › Section 85.024. Enforcement of Counseling Requirement

Sec. 85.024.  ENFORCEMENT OF COUNSELING REQUIREMENT.  (a)  A person found to have engaged in family violence who is ordered to attend a program or counseling under Section 85.022(a)(1), (2), or (3) shall file with the court an affidavit before the 60th day after the date the order was rendered stating either that the person has begun the program or counseling or that a program or counseling is not available within a reasonable distance from the person's residence.  A person who files an affidavit that the person has begun the program or counseling shall file with the court before the date the protective order expires a statement that the person completed the program or counseling not later than the 30th day before the expiration date of the protective order or the 30th day before the first anniversary of the date the protective order was issued, whichever date is earlier.  An affidavit under this subsection must be accompanied by a letter, notice, or certificate from the program or counselor that verifies the person's completion of the program or counseling.  A person who fails to comply with this subsection may be punished for contempt of court under Section 21.002, Government Code.
(b)  A protective order under Section 85.022 must specifically advise the person subject to the order of the requirement of this section and the possible punishment if the person fails to comply with the requirement.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.  Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 15, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 113 (S.B. 44), Sec. 5, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 770 (H.B. 3593), Sec. 1, eff. September 1, 2007.