reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 85 - Issuance of Protective Order › Subchapter C. Delivery of Protective Order › Section 85.041. Delivery to Respondent

Sec. 85.041.  DELIVERY TO RESPONDENT.  (a)  A protective order rendered under this subtitle shall be:
(1)  delivered to the respondent as provided by Rule 21a, Texas Rules of Civil Procedure;
(2)  served in the same manner as a writ of injunction;  or
(3)  served in open court at the close of the hearing as provided by this section.
(b)  The court shall serve an order in open court to a respondent who is present at the hearing by giving to the respondent a copy of the order, reduced to writing and signed by the judge or master.  A certified copy of the signed order shall be given to the applicant at the time the order is given to the respondent.  If the applicant is not in court at the conclusion of the hearing, the clerk of the court shall mail a certified copy of the order to the applicant not later than the third business day after the date the hearing is concluded.
(c)  If the order has not been reduced to writing, the court shall give notice orally to a respondent who is present at the hearing of the part of the order that contains prohibitions under Section 85.022 or any other part of the order that contains provisions necessary to prevent further family violence.  The clerk of the court shall mail a copy of the order to the respondent and a certified copy of the order to the applicant not later than the third business day after the date the hearing is concluded.
(d)  If the respondent is not present at the hearing and the order has been reduced to writing at the conclusion of the hearing, the clerk of the court shall immediately provide a certified copy of the order to the applicant and mail a copy of the order to the respondent not later than the third business day after the date the hearing is concluded.
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 D. Relationship Between Protective Order and Suit for Dissolution of Marriage and Suit Affecting Parent-Child Relationship › Section 85.061. Dismissal of Application Prohibited; Subsequently Filed Suit for Dissolution of Marriage or Suit Affecting Parent-Child Relationship

Sec. 85.061.  DISMISSAL OF APPLICATION PROHIBITED;  SUBSEQUENTLY FILED SUIT FOR DISSOLUTION OF MARRIAGE OR SUIT AFFECTING PARENT-CHILD RELATIONSHIP.  If an application for a protective order is pending, a court may not dismiss the application or delay a hearing on the application on the grounds that a suit for dissolution of marriage or suit affecting the parent-child relationship is filed after the date the application was filed.
Added by Acts 1997, 75th Leg., ch. 1193, Sec. 16, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 85 - Issuance of Protective Order › Subchapter D. Relationship Between Protective Order and Suit for Dissolution of Marriage and Suit Affecting Parent-Child Relationship › Section 85.062. Application Filed While Suit for Dissolution of Marriage or Suit Affecting Parent-Child Relationship Pending

Sec. 85.062.  APPLICATION FILED WHILE SUIT FOR DISSOLUTION OF MARRIAGE OR SUIT AFFECTING PARENT-CHILD RELATIONSHIP PENDING.  (a)  If a suit for dissolution of a marriage or suit affecting the parent-child relationship is pending, a party to the suit may apply for a protective order against another party to the suit by filing an application:
(1)  in the court in which the suit is pending;  or
(2)  in a court in the county in which the applicant resides if the applicant resides outside the jurisdiction of the court in which the suit is pending.
(b)  An applicant subject to this section shall inform the clerk of the court that renders a protective order that a suit for dissolution of a marriage or a suit affecting the parent-child relationship is pending in which the applicant is party.
(c)  If a final protective order is rendered by a court other than the court in which a suit for dissolution of a marriage or a suit affecting the parent-child relationship is pending, the clerk of the court that rendered the protective order shall:
(1)  inform the clerk of the court in which the suit is pending that a final protective order has been rendered;  and
(2)  forward a copy of the final protective order to the court in which the suit is pending.
(d)  A protective order rendered by a court in which an application is filed under Subsection (a)(2) is subject to transfer under Section 85.064.
Added by Acts 1997, 75th Leg., ch. 1193, Sec. 16, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 85 - Issuance of Protective Order › Subchapter D. Relationship Between Protective Order and Suit for Dissolution of Marriage and Suit Affecting Parent-Child Relationship › Section 85.063. Application Filed After Final Order Rendered in Suit for Dissolution of Marriage or Suit Affecting Parent-Child Relationship

Sec. 85.063.  APPLICATION FILED AFTER FINAL ORDER RENDERED IN SUIT FOR DISSOLUTION OF MARRIAGE OR SUIT AFFECTING PARENT-CHILD RELATIONSHIP.  (a)  If a final order has been rendered in a suit for dissolution of marriage or suit affecting the parent-child relationship, an application for a protective order by a party to the suit against another party to the suit filed after the date the final order was rendered, and that is:
(1)  filed in the county in which the final order was rendered, shall be filed in the court that rendered the final order;  and
(2)  filed in another county, shall be filed in a court having jurisdiction to render a protective order under this subtitle.
(b)  A protective order rendered by a court in which an application is filed under Subsection (a)(2) is subject to transfer under Section 85.064.
Added by Acts 1997, 75th Leg., ch. 1193, Sec. 16, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 85 - Issuance of Protective Order › Subchapter D. Relationship Between Protective Order and Suit for Dissolution of Marriage and Suit Affecting Parent-Child Relationship › Section 85.064. Transfer of Protective Order

Sec. 85.064.  TRANSFER OF PROTECTIVE ORDER.  (a)  If a protective order was rendered before the filing of a suit for dissolution of marriage or suit affecting the parent-child relationship or while the suit is pending as provided by Section 85.062, the court that rendered the order may, on the motion of a party or on the court's own motion, transfer the protective order to the court having jurisdiction of the suit if the court makes the finding prescribed by Subsection (c).
(b)  If a protective order that affects a party's right to possession of or access to a child is rendered after the date a final order was rendered in a suit affecting the parent-child relationship, on the motion of a party or on the court's own motion, the court may transfer the protective order to the court of continuing, exclusive jurisdiction if the court makes the finding prescribed by Subsection (c).
(c)  A court may transfer a protective order under this section if the court finds that the transfer is:
(1)  in the interest of justice;  or
(2)  for the safety or convenience of a party or a witness.
(d)  The transfer of a protective order under this section shall be conducted according to the procedures provided by Section 155.207.
(e)  Except as provided by Section 81.002, the fees or costs associated with the transfer of a protective order shall be paid by the movant.
Added by Acts 1997, 75th Leg., ch. 1193, Sec. 16, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 85 - Issuance of Protective Order › Subchapter D. Relationship Between Protective Order and Suit for Dissolution of Marriage and Suit Affecting Parent-Child Relationship › Section 85.065. Effect of Transfer

Sec. 85.065.  EFFECT OF TRANSFER.  (a)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 632, Sec. 6(3), eff. September 1, 2011.
(b)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 632, Sec. 6(3), eff. September 1, 2011.
(c)  A protective order that is transferred is subject to modification by the court that receives the order to the same extent modification is permitted under Chapter 87 by a court that rendered the order.
Added by Acts 1997, 75th Leg., ch. 1193, Sec. 16, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 632 (S.B. 819), Sec. 6(3), eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 86 - Law Enforcement Duties Relating to Protective Orders › Section 86.001. Adoption of Procedures by Law Enforcement Agency

Sec. 86.001.  ADOPTION OF PROCEDURES BY LAW ENFORCEMENT AGENCY.  (a)  To ensure that law enforcement officers responding to calls are aware of the existence and terms of protective orders issued under this subtitle, each law enforcement agency shall establish procedures in the agency to provide adequate information or access to information for law enforcement officers of the names of each person protected by an order issued under this subtitle and of each person against whom protective orders are directed.
(b)  A law enforcement agency shall enter a protective order in the agency's computer records of outstanding warrants as notice that the order has been issued and is currently in effect. On receipt of notification by a clerk of court that the court has vacated or dismissed an order, the law enforcement agency shall remove the order from the agency's computer record of outstanding warrants.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 481 (H.B. 660), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 86 - Law Enforcement Duties Relating to Protective Orders › Section 86.0011. Duty to Enter Information Into Statewide Law Enforcement Information System

Sec. 86.0011.  DUTY TO ENTER INFORMATION INTO STATEWIDE LAW ENFORCEMENT INFORMATION SYSTEM.  (a)  On receipt of an original or modified protective order from the clerk of the issuing court, or on receipt of information pertaining to the date of confinement or imprisonment or date of release of a person subject to the protective order, a law enforcement agency shall immediately, but not later than the next business day after the date the order or information is received, enter 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.
(b)  In this section, "business day" means a day other than a Saturday, Sunday, or state or national holiday.
Added by Acts 2001, 77th Leg., ch. 35, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 243 (S.B. 737), Sec. 4, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 787 (H.B. 39), Sec. 4, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 481 (H.B. 660), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 86 - Law Enforcement Duties Relating to Protective Orders › Section 86.002. Duty to Provide Information to Firearms Dealers

Sec. 86.002.  DUTY TO PROVIDE INFORMATION TO FIREARMS DEALERS.  (a)  On receipt of a request for a law enforcement information system record check of a prospective transferee by a licensed firearms dealer under the Brady Handgun Violence Prevention Act, 18 U.S.C. Section 922, the chief law enforcement officer shall determine whether the Department of Public Safety has in the department's law enforcement information system a record indicating the existence of an active protective order directed to the prospective transferee.
(b)  If the department's law enforcement information system indicates the existence of an active protective order directed to the prospective transferee, the chief law enforcement officer shall immediately advise the dealer that the transfer is prohibited.
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 86 - Law Enforcement Duties Relating to Protective Orders › Section 86.003. Court Order for Law Enforcement Assistance Under Temporary Order

Sec. 86.003.  COURT ORDER FOR LAW ENFORCEMENT ASSISTANCE UNDER TEMPORARY ORDER.  On request by an applicant obtaining a temporary ex parte protective order that excludes the respondent from the respondent's residence, the court granting the temporary order shall render a written order to the sheriff, constable, or chief of police to provide a law enforcement officer from the department of the chief of police, constable, or sheriff to:
(1)  accompany the applicant to the residence covered by the order;
(2)  inform the respondent that the court has ordered that the respondent be excluded from the residence;
(3)  protect the applicant while the applicant takes possession of the residence;  and
(4)  protect the applicant if the respondent refuses to vacate the residence while the applicant takes possession of the applicant's necessary personal property.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.  Amended by Acts 1997, 75th Leg., ch. 852, Sec. 1, eff. June 18. 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 86 - Law Enforcement Duties Relating to Protective Orders › Section 86.004. Court Order for Law Enforcement Assistance Under Final Order

Sec. 86.004.  COURT ORDER FOR LAW ENFORCEMENT ASSISTANCE UNDER FINAL ORDER.  On request by an applicant obtaining a final protective order that excludes the respondent from the respondent's residence, the court granting the final order shall render a written order to the sheriff, constable, or chief of police to provide a law enforcement officer from the department of the chief of police, constable, or sheriff to:
(1)  accompany the applicant to the residence covered by the order;
(2)  inform the respondent that the court has ordered that the respondent be excluded from the residence;
(3)  protect the applicant while the applicant takes possession of the residence and the respondent takes possession of the respondent's necessary personal property;  and
(4)  if the respondent refuses to vacate the residence:
(A)  remove the respondent from the residence;  and
(B)  arrest the respondent for violating the court order.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.  Amended by Acts 1997, 75th Leg., ch. 852, Sec. 2, eff. June 18, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 86 - Law Enforcement Duties Relating to Protective Orders › Section 86.005. Protective Order From Another Jurisdiction

Sec. 86.005.  PROTECTIVE ORDER FROM ANOTHER JURISDICTION.  To ensure that law enforcement officers responding to calls are aware of the existence and terms of a protective order from another jurisdiction, each law enforcement agency shall establish procedures in the agency to provide adequate information or access to information for law enforcement officers regarding the name of each person protected by an order rendered in another jurisdiction and of each person against whom the protective order is directed.
Added by Acts 1997, 75th Leg., ch. 1193, Sec. 17, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 48, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 87 - Modification of Protective Orders › Section 87.001. Modification of Protective Order

Sec. 87.001.  MODIFICATION OF PROTECTIVE ORDER.  On the motion of any party, the court, after notice and hearing, may modify an existing protective order to:
(1)  exclude any item included in the order;  or
(2)  include any item that could have been included in 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 87 - Modification of Protective Orders › Section 87.002. Modification May Not Extend Duration of Order

Sec. 87.002.  MODIFICATION MAY NOT EXTEND DURATION OF ORDER.  A protective order may not be modified to extend the period of the order's validity beyond the second anniversary of the date the original order was rendered or beyond the date the order expires under Section 85.025(a-1) or (c), whichever date occurs later.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.  Amended by Acts 1999, 76th Leg., ch. 1160, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 627 (S.B. 789), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 87 - Modification of Protective Orders › Section 87.003. Notification of Motion to Modify

Sec. 87.003.  NOTIFICATION OF MOTION TO MODIFY.  Notice of a motion to modify a protective order is sufficient if delivery of the motion is attempted on the respondent at the respondent's last known address by registered or certified mail as provided by Rule 21a, Texas Rules of Civil Procedure.
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 87 - Modification of Protective Orders › Section 87.004. Change of Address or Telephone Number

Sec. 87.004.  CHANGE OF ADDRESS OR TELEPHONE NUMBER.  (a)  If a protective order contains the address or telephone number of a person protected by the order, of the place of employment or business of the person, or of the child-care facility or school of a child protected by the order and that information is not confidential under Section 85.007, the person protected by the order may file a notification of change of address or telephone number with the court that rendered the order to modify the information contained in the order.
(b)  The clerk of the court shall attach the notification of change to the protective order and shall deliver a copy of the notification to:
(1)  the respondent by registered or certified mail as provided by Rule 21a, Texas Rules of Civil Procedure; and
(2)  any other person entitled to a copy of the order under Section 85.042.
(c)  The filing of a notification of change of address or telephone number and the attachment of the notification to a protective order does not affect the validity of the order.
Added by Acts 1997, 75th Leg., ch. 1193, Sec. 18, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 481 (H.B. 660), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 88 - Uniform Interstate Enforcement of Protective Orders Act › Section 88.001. Short Title

Sec. 88.001.  SHORT TITLE.  This chapter may be cited as the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
Added by Acts 2001, 77th Leg., ch. 48, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 88 - Uniform Interstate Enforcement of Protective Orders Act › Section 88.002. Definitions

Sec. 88.002.  DEFINITIONS.  In this chapter:
(1)  "Foreign protective order" means a protective order issued by a tribunal of another state.
(2)  "Issuing state" means the state in which a tribunal issues a protective order.
(3)  "Mutual foreign protective order" means a foreign protective order that includes provisions issued in favor of both the protected individual seeking enforcement of the order and the respondent.
(4)  "Protected individual" means an individual protected by a protective order.
(5)  "Protective order" means an injunction or other order, issued by a tribunal under the domestic violence or family violence laws or another law of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassing, contacting or communicating with, or being in physical proximity to another individual.
(6)  "Respondent" means the individual against whom enforcement of a protective order is sought.
(7)  "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or a territory or insular possession subject to the jurisdiction of the United States.  The term includes a military tribunal of the United States, an Indian tribe or band, and an Alaskan native village that has jurisdiction to issue protective orders.
(8)  "Tribunal" means a court, agency, or other entity authorized by law to issue or modify a protective order.
Added by Acts 2001, 77th Leg., ch. 48, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 88 - Uniform Interstate Enforcement of Protective Orders Act › Section 88.003. Judicial Enforcement of Order

Sec. 88.003.  JUDICIAL ENFORCEMENT OF ORDER.  (a)  A tribunal of this state shall enforce the terms of a foreign protective order, including a term that provides relief that a tribunal of this state would not have power to provide but for this section.  The tribunal shall enforce the order regardless of whether the order was obtained by independent action or in another proceeding, if the order is an order issued in response to a complaint, petition, or motion filed by or on behalf of an individual seeking protection.  In a proceeding to enforce a foreign protective order, the tribunal shall follow the procedures of this state for the enforcement of protective orders.
(b)  A tribunal of this state shall enforce the provisions of the foreign protective order that govern the possession of and access to a child if the provisions were issued in accordance with the jurisdictional requirements governing the issuance of possession and access orders in the issuing state.
(c)  A tribunal of this state may enforce a provision of the foreign protective order relating to child support if the order was issued in accordance with the jurisdictional requirements of Chapter 159 and the federal Full Faith and Credit for Child Support Orders Act, 28 U.S.C. Section 1738B, as amended.
(d)  A foreign protective order is valid if the order:
(1)  names the protected individual and the respondent;
(2)  is currently in effect;
(3)  was rendered by a tribunal that had jurisdiction over the parties and the subject matter under the law of the issuing state;  and
(4)  was rendered after the respondent was given reasonable notice and an opportunity to be heard consistent with the right to due process, either:
(A)  before the tribunal issued the order;  or
(B)  in the case of an ex parte order, within a reasonable time after the order was rendered.
(e)  A protected individual seeking enforcement of a foreign protective order establishes a prima facie case for its validity by presenting an order that is valid on its face.
(f)  It is an affirmative defense in an action seeking enforcement of a foreign protective order that the order does not meet the requirements for a valid order under Subsection (d).
(g)  A tribunal of this state may enforce the provisions of a mutual foreign protective order that favor a respondent only if:
(1)  the respondent filed a written pleading seeking a protective order from the tribunal of the issuing state;  and
(2)  the tribunal of the issuing state made specific findings in favor of the respondent.
Added by Acts 2001, 77th Leg., ch. 48, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 88 - Uniform Interstate Enforcement of Protective Orders Act › Section 88.004. Nonjudicial Enforcement of Order

Sec. 88.004.  NONJUDICIAL ENFORCEMENT OF ORDER.  (a)  A law enforcement officer of this state, on determining that there is probable cause to believe that a valid foreign protective order exists and that the order has been violated, shall enforce the foreign protective order as if it were an order of a tribunal of this state.  A law enforcement officer has probable cause to believe that a foreign protective order exists if the protected individual presents a foreign protective order that identifies both the protected individual and the respondent and on its face, is currently in effect.
(b)  For the purposes of this section, a foreign protective order may be inscribed on a tangible medium or may be stored in an electronic or other medium if it is retrievable in a perceivable form.  Presentation of a certified copy of a protective order is not required for enforcement.
(c)  If a protected individual does not present a foreign protective order, a law enforcement officer may determine that there is probable cause to believe that a valid foreign protective order exists by relying on any relevant information.
(d)  A law enforcement officer of this state who determines that an otherwise valid foreign protective order cannot be enforced because the respondent has not been notified or served with the order shall inform the respondent of the order and make a reasonable effort to serve the order on the respondent.  After informing the respondent and attempting to serve the order, the officer shall allow the respondent a reasonable opportunity to comply with the order before enforcing the order.
(e)  The registration or filing of an order in this state is not required for the enforcement of a valid foreign protective order under this chapter.
Added by Acts 2001, 77th Leg., ch. 48, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 88 - Uniform Interstate Enforcement of Protective Orders Act › Section 88.005. Registration of Order

Sec. 88.005.  REGISTRATION OF ORDER.  (a)  An individual may register a foreign protective order in this state.  To register a foreign protective order, an individual shall:
(1)  present a certified copy of the order to a sheriff, constable, or chief of police responsible for the registration of orders in the local computer records and in the statewide law enforcement system maintained by the Texas Department of Public Safety;  or
(2)  present a certified copy of the order to the Department of Public Safety and request that the order be registered in the statewide law enforcement system maintained by the Department of Public Safety.
(b)  On receipt of a foreign protective order, the agency responsible for the registration of protective orders shall register the order in accordance with this section and furnish to the individual registering the order a certified copy of the registered order.
(c)  The agency responsible for the registration of protective orders shall register a foreign protective order on presentation of a copy of a protective order that has been certified by the issuing state.  A registered foreign protective order that is inaccurate or not currently in effect shall be corrected or removed from the registry in accordance with the law of this state.
(d)  An individual registering a foreign protective order shall file an affidavit made by the protected individual that, to the best of the protected individual's knowledge, the order is in effect.
(e)  A foreign protective order registered under this section may be entered in any existing state or federal registry of protective orders, in accordance with state or federal law.
(f)  A fee may not be charged for the registration of a foreign protective order.
Added by Acts 2001, 77th Leg., ch. 48, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 88 - Uniform Interstate Enforcement of Protective Orders Act › Section 88.006. Immunity

Sec. 88.006.  IMMUNITY.  A state or local governmental agency, law enforcement officer, prosecuting attorney, clerk of court, or any state or local governmental official acting in an official capacity is immune from civil and criminal liability for an act or omission arising from the registration or enforcement of a foreign protective order or the detention or arrest of a person alleged to have violated a foreign protective order if the act or omission was done in good faith in an effort to comply with this chapter.
Added by Acts 2001, 77th Leg., ch. 48, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 88 - Uniform Interstate Enforcement of Protective Orders Act › Section 88.007. Other Remedies

Sec. 88.007.  OTHER REMEDIES.  A protected individual who pursues a remedy under this chapter is not precluded from pursuing other legal or equitable remedies against the respondent.
Added by Acts 2001, 77th Leg., ch. 48, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 88 - Uniform Interstate Enforcement of Protective Orders Act › Section 88.008. Uniformity of Application and Construction

Sec. 88.008.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.  In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
Added by Acts 2001, 77th Leg., ch. 48, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle C - Family Violence Reporting and Services › Chapter 91 - Reporting Family Violence › Section 91.001. Definitions

Sec. 91.001.  DEFINITIONS.  In this subtitle:
(1)  "Family violence" has the meaning assigned by Section 71.004.
(2)  "Medical professional" means a licensed doctor, nurse, physician assistant, or emergency medical technician.
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 C - Family Violence Reporting and Services › Chapter 91 - Reporting Family Violence › Section 91.002. Reporting by Witnesses Encouraged

Sec. 91.002.  REPORTING BY WITNESSES ENCOURAGED.  A person who witnesses family violence is encouraged to report the family violence to a local law enforcement agency.
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 C - Family Violence Reporting and Services › Chapter 91 - Reporting Family Violence › Section 91.003. Information Provided by Medical Professionals

Sec. 91.003.  INFORMATION PROVIDED BY MEDICAL PROFESSIONALS.  A medical professional who treats a person for injuries that the medical professional has reason to believe were caused by family violence shall:
(1)  immediately provide the person with information regarding the nearest family violence shelter center;
(2)  document in the person's medical file:
(A)  the fact that the person has received the information provided under Subdivision (1); and
(B)  the reasons for the medical professional's belief that the person's injuries were caused by family violence; and
(3)  give the person the written notice adopted by the Health and Human Services Commission under Section 51A.003, Human Resources Code.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 24 (S.B. 1325), Sec. 6, eff. May 13, 2023.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle C - Family Violence Reporting and Services › Chapter 91 - Reporting Family Violence › Section 91.004. Application of Subtitle

Sec. 91.004.  APPLICATION OF SUBTITLE.  This subtitle does not affect a duty to report child abuse under Chapter 261.
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 C - Family Violence Reporting and Services › Chapter 92 - Immunity › Section 92.001. Immunity

Sec. 92.001.  IMMUNITY.  (a)  Except as provided by Subsection (b), a person who reports family violence under Section 91.002 or provides information under Section 91.003 is immune from civil liability that might otherwise be incurred or imposed.
(b)  A person who reports the person's own conduct or who otherwise reports family violence in bad faith is not protected from liability 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 C - Family Violence Reporting and Services › Chapter 93 - Confidential and Privileged Communications › Section 93.001. Definitions

Sec. 93.001.  DEFINITIONS.  In this chapter:
(1)  "Advocate" means a person who has at least 20 hours of training in assisting victims of family violence and is an employee or volunteer of a family violence center.
(2)  "Family violence center" means a public or private nonprofit organization that provides, as its primary purpose, services to victims of family violence, including the services described by Section 51.005(b)(3), Human Resources Code.
(3)  "Victim" has the meaning assigned to "victim of family violence" by Section 51.002, Human Resources Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 1091 (H.B. 3649), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle C - Family Violence Reporting and Services › Chapter 93 - Confidential and Privileged Communications › Section 93.002. Confidential Communications

Sec. 93.002.  CONFIDENTIAL COMMUNICATIONS.  A written or oral communication between an advocate and a victim made in the course of advising, advocating for, counseling, or assisting the victim is confidential and may not be disclosed.
Added by Acts 2017, 85th Leg., R.S., Ch. 1091 (H.B. 3649), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle C - Family Violence Reporting and Services › Chapter 93 - Confidential and Privileged Communications › Section 93.003. Privileged Communications

Sec. 93.003.  PRIVILEGED COMMUNICATIONS.  (a)  A victim has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication described by Section 93.002.
(b)  The privilege may be claimed by:
(1)  a victim or a victim's attorney on a victim's behalf;
(2)  a parent, guardian, or conservator of a victim under 18 years of age; or
(3)  an advocate or a family violence center on a victim's behalf.
Added by Acts 2017, 85th Leg., R.S., Ch. 1091 (H.B. 3649), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle C - Family Violence Reporting and Services › Chapter 93 - Confidential and Privileged Communications › Section 93.004. Exceptions

Sec. 93.004.  EXCEPTIONS.  (a)  A communication that is confidential under this chapter may be disclosed only:
(1)  to another individual employed by or volunteering for a family violence center for the purpose of furthering the advocacy process;
(2)  for the purpose of seeking evidence that is admissible under Article 38.49, Code of Criminal Procedure, following an in camera review and a determination that the communication is admissible under that article;
(3)  to other persons in the context of a support group or group counseling in which a victim is a participant; or
(4)  for the purposes of making a report under Chapter 261 of this code or Section 48.051, Human Resources Code.
(b)  Notwithstanding Subsection (a), the Texas Rules of Evidence govern the disclosure of a communication that is confidential under this chapter in a criminal or civil proceeding by an expert witness who relies on facts or data from the communication to form the basis of the expert's opinion.
(c)  If the family violence center, at the request of the victim, discloses a communication privileged under this chapter for the purpose of a criminal or civil proceeding, the family violence center shall disclose the communication to all parties to that criminal or civil proceeding.
Added by Acts 2017, 85th Leg., R.S., Ch. 1091 (H.B. 3649), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 101 - Definitions › Section 101.001. Applicability of Definitions

Sec. 101.001.  APPLICABILITY OF DEFINITIONS.  (a)  Definitions in this subchapter apply to this title.
(b)  If, in another part of this title, a term defined by this chapter has a meaning different from the meaning provided by this chapter, the meaning of that other provision prevails.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 101 - Definitions › Section 101.0010. Acknowledged Father

Sec. 101.0010.  ACKNOWLEDGED FATHER.  "Acknowledged father" means a man who has established a father-child relationship under Chapter 160.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 2.04, eff. June 14, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 101 - Definitions › Section 101.0011. Administrative Writ of Withholding

Sec. 101.0011.  ADMINISTRATIVE WRIT OF WITHHOLDING.  "Administrative writ of withholding" means the document issued by the Title IV-D agency or domestic relations office and delivered to an employer directing that earnings be withheld for payment of child support as provided by Chapter 158.
Added by Acts 1997, 75th Leg., ch. 911, Sec. 5, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 199 (H.B. 1182), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 101 - Definitions › Section 101.0015. Alleged Father

Sec. 101.0015.  ALLEGED FATHER.  (a)  "Alleged father" means a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined.
(b)  The term does not include:
(1)  a presumed father;
(2)  a man whose parental rights have been terminated or declared to not exist;  or
(3)  a male donor.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 2.04, eff. June 14, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 101 - Definitions › Section 101.0017. Amicus Attorney

Sec. 101.0017.  AMICUS ATTORNEY.  "Amicus attorney" has the meaning assigned by Section 107.001.
Added by Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 15, eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 101 - Definitions › Section 101.0018. Attorney Ad Litem

Sec. 101.0018.  ATTORNEY AD LITEM.  "Attorney ad litem" has the meaning assigned by Section 107.001.
Added by Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 15, eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 101 - Definitions › Section 101.003. Child or Minor; Adult

Sec. 101.003.  CHILD OR MINOR;  ADULT.  (a)  "Child" or "minor" means a person under 18 years of age who is not and has not been married or who has not had the disabilities of minority removed for general purposes.
(b)  In the context of child support, "child" includes a person over 18 years of age for whom a person may be obligated to pay child support.
(c)  "Adult" means a person who is not a child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 101 - Definitions › Section 101.004. Child Support Agency

Sec. 101.004.  CHILD SUPPORT AGENCY.  "Child support agency" means:
(1)  the Title IV-D agency;
(2)  a county or district attorney or any other county officer or county agency that executes a cooperative agreement with the Title IV-D agency to provide child support services under Part D of Title IV of the federal Social Security Act (42 U.S.C. Section 651 et seq.) and Chapter 231;  or
(3)  a domestic relations office.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 101 - Definitions › Section 101.005. Child Support Review Officer

Sec. 101.005.  CHILD SUPPORT REVIEW OFFICER.  "Child support review officer" means an individual designated and trained by a child support agency to conduct reviews under this title.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.01, eff. Sept. 1, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 101 - Definitions › Section 101.006. Child Support Services

Sec. 101.006.  CHILD SUPPORT SERVICES.  "Child support services" means administrative or court actions to:
(1)  establish paternity;
(2)  establish, modify, or enforce child support, medical support, or dental support obligations;
(3)  locate absent parents; or
(4)  cooperate with other states in these actions and any other action authorized or required under Part D of Title IV of the federal Social Security Act (42 U.S.C. Section 651 et seq.) or Chapter 231.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 2, eff. September 1, 2018.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 101 - Definitions › Section 101.007. Clear and Convincing Evidence

Sec. 101.007.  CLEAR AND CONVINCING EVIDENCE.  "Clear and convincing evidence" means the measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 101 - Definitions › Section 101.008. Court

Sec. 101.008.  COURT.  "Court" means the district court, juvenile court having the same jurisdiction as a district court, or other court expressly given jurisdiction of a suit affecting the parent-child relationship.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 101 - Definitions › Section 101.009. Danger to Physical Health or Safety of Child

Sec. 101.009.  DANGER TO PHYSICAL HEALTH OR SAFETY OF CHILD.  "Danger to the physical health or safety of a child" includes exposure of the child to loss or injury that jeopardizes the physical health or safety of the child without regard to whether there has been an actual prior injury to the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 101 - Definitions › Section 101.0094. Dental Insurance

Sec. 101.0094.  DENTAL INSURANCE.  "Dental insurance" means insurance coverage that provides preventive dental care and other dental services, including usual dentist services, office visits, examinations, X-rays, and emergency services, that may be provided through a single service health maintenance organization or other private or public organization.
Added by Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 3, eff. September 1, 2018.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 101 - Definitions › Section 101.0095. Dental Support

Sec. 101.0095.  DENTAL SUPPORT.  "Dental support" means periodic payments or a lump-sum payment made under an order to cover dental expenses, including dental insurance coverage, incurred for the benefit of a child.
Added by Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 3, eff. September 1, 2018.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 101 - Definitions › Section 101.0096. Digitized Signature

Sec. 101.0096.  DIGITIZED SIGNATURE.  "Digitized signature" means a graphic image of a handwritten signature having the same legal force and effect for all purposes as a handwritten signature.
Added by Acts 2013, 83rd Leg., R.S., Ch. 790 (S.B. 1422), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 101 - Definitions › Section 101.010. Disposable Earnings

Sec. 101.010.  DISPOSABLE EARNINGS.  "Disposable earnings" means the part of the earnings of an individual remaining after the deduction from those earnings of any amount required by law to be withheld, union dues, nondiscretionary retirement contributions, and medical, hospitalization, and disability insurance coverage for the obligor and the obligor's children.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 101 - Definitions › Section 101.011. Earnings

Sec. 101.011.  EARNINGS. "Earnings" means a payment to or due an individual, regardless of source and how denominated. The term includes a periodic or lump-sum payment for:
(1)  wages, salary, compensation received as an independent contractor, overtime pay, severance pay, commission, bonus, and interest income;
(2)  payments made under a pension, an annuity, workers' compensation, and a disability or retirement program;
(3)  unemployment benefits;
(4)  compensation from a transportation network company as defined by Section 2402.001, Occupations Code; and
(5)  compensation from a person that operates a technology platform used to make deliveries to customers.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 911, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 446 (H.B. 458), Sec. 1, eff. September 1, 2021.