texas protective order statute

(b) Each protective order issued under this subchapter, except for a temporary ex parte order, must contain the following prominently displayed statement in boldfaced type, in capital letters, or underlined: "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. 3, eff. 279), Sec. (a) Except as otherwise provided by this section, an order under this subtitle is effective: (1) for the period stated in the order, not to exceed two years; or. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. The statute of limitations applies to the time between a criminal offense and when the State brings charges. 1193, Sec. These orders, also called protective orders, are issued by Texas courts in order to tell one person to stop harming or threatening another person or to stay away. A person may request the court to issue a protective order under Title 4, Family Code, for the protection of the person at any proceeding: (1) in which the defendant appears in constitutional county court, statutory county court, or district court; (2) that is related to an offense under Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code; and. SEPARATE PROTECTIVE ORDERS REQUIRED. The procedure for the enforcement of a protective order under Title 4, Family Code, applies to the fullest extent practicable to the enforcement of a protective order under this subchapter, including provisions relating to findings, contents, duration, warning, delivery, law enforcement duties, and modification. Art. 3, eff. (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Yes. (b) The request under Subsection (a) is made by filing an application for a protective order in the same manner as an application for a protective order under Title 4, Family Code. DURATION OF PROTECTIVE ORDER; RESCISSION. ORDER VALID UNTIL SUPERSEDED. (3) the child-care facility or school a child protected by the order attends or in which the child resides. For stalking, sexual assault, and human trafficking protective orders, you must be able to show the abuser … 34, Sec. 7B.008. 9, eff. 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. September 1, 2013. The agreed order is enforceable civilly or criminally. Sec. APPLICATION FILED WHILE SUIT FOR DISSOLUTION OF MARRIAGE OR SUIT AFFECTING PARENT-CHILD RELATIONSHIP PENDING. Sept. 1, 2001; Acts 2001, 77th Leg., ch. An agreement under this subsection is subject to the approval of the court. (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) any court with jurisdiction over a protective order under Title 4, Family Code, involving the same parties named in the application. Sec. ", "IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION. 712), Sec. (c) In a protective order, the court may suspend a license to carry a handgun issued under Section 411.177, Government Code, that is held by the alleged offender. January 1, 2021. 1193, Sec. 64 (S.B. September 1, 2011. 81.001. That statute does not apply to protective orders issued under CCP Arts. 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. 4, eff. Added by Acts 1997, 75th Leg., ch. Amended by Acts 1997, 75th Leg., ch. 1435), Sec. September 1, 2015. 2730), Sec. (a) Not later than the next business day after the date the court issues an original or modified protective order under this subtitle, the clerk of the court shall send a copy of the order, along with the information provided by the applicant or the applicant's attorney that is required under Section 411.042(b)(6), Government Code, to: (1) the chief of police of the municipality in which the person protected by the order resides, if the person resides in a municipality; (2) the appropriate constable and the sheriff of the county in which the person resides, if the person does not reside in a municipality; and. If the court finds from the information contained in an application for a protective order that there is a clear and present danger of sexual assault or abuse, stalking, trafficking, or other harm to the applicant, the court, without further notice to the alleged offender and without a hearing, may issue a temporary ex parte order for the protection of the applicant or any other member of the applicant's family or household. Apply for a protective order that specifically asks for a kick-out order.. 819), Sec. Art. September 1, 2011. 355), Sec. 1160, Sec. (b) If the court finds that there are reasonable grounds to believe that the applicant is the victim of sexual assault or abuse, stalking, or trafficking, the court shall issue a protective order that includes a statement of the required findings. TITLE 4. (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 … 4173), Sec. 1146 (H.B. Emergency Order 31 - Issued 12/22/2020. June 17, 2005. A protective order lasts only as long as the time period the judge approves it for, with a maximum of two years. September 1, 2007. Under the Texas Family Code, when an applicant asks for an ex parte protective order, he or she may ask the court to exclude the respondent from the residence, subject to some limitations: (b) Each protective order issued under this chapter, except for a temporary ex parte order, must contain the following prominently displayed statement in boldfaced type, capital letters, or underlined: "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN … (2) the nature of the scheme or course of conduct engaged in by the defendant in committing the offense indicates the defendant is likely in the future to engage in conduct prohibited by Section 42.072(a)(1), (2), or (3), Penal Code. If a period is not stated in the order, the order is effective until the second anniversary of the date the order was issued. 1193, Sec. 34, Sec. 7B.003. 632 (S.B. May 5, 1997. 1, eff. 81.001 Entitlement to Protective Order 81.002 No Fee for Applicant 81.003 Fees and Costs Paid by Party Found to Have Committed Family Violence 81.004 Contempt for Nonpayment of Fee 81.005 Attorney’s Fees 81.006 Payment of Attorney’s Fees 81.007 Prosecuting Attorney 81.008 Relief Cumulative 81.009 Appeal 81.010 Court Enforcement 81.011 Use of Digitized Signature … The chapter begins with a summary of the topics covered. 85.026. 2009 Texas Code FAMILY CODE TITLE 4. 113 (S.B. In order to prevent the abuse of a child or other family member a Protective Order can be issued by a Court. Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case (h) In this section, "business day" means a day other than a Saturday, Sunday, or state or national holiday. (c) In an order under Subsection (b)(3) or (4), the court shall specifically describe each prohibited location and the minimum distances from the location, if any, that the party must maintain. (a) Each protective order issued under this subchapter, including a temporary ex parte order, must contain the following prominently displayed statements in boldfaced type, in capital letters, or underlined: "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS, OR BOTH. (c) A court may transfer a protective order under this section if the court finds that the transfer is: (2) for the safety or convenience of a party or a witness. REQUEST FOR PROTECTIVE ORDER. 85.022. (c) To the extent of any conflict with Section 85.025, Family Code, this article prevails. Under Texas law, violating a protective order can be prosecuted as either a felony or a misdemeanor. 34, Sec. (2) a victim of an offense listed in Article 7B.001(a)(2) or a parent or guardian acting on behalf of a victim who is younger than 18 years of age. 3, eff. (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. 85.025. 23, Sec. 1, eff. (B) engage in that conduct described by Paragraph (A) because of bias or prejudice. 7B.007. The federal Gun Control Act makes it a crime to possess ammunition or a firearm if the person is subject to an order that prohibits harassing, stalking, or threatening an intimate partner or engaging in conduct that would put the intimate partner in reasonable fear of bodily 7B.101. 34, Sec. Art. (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. Refreshed: 2020-10-14 Texas.Public.Law 85.063. WARNING ON PROTECTIVE ORDER. Sept. 1, 2001. (e) An agreed protective order expires on the date the court order expires. 16, eff. GENERAL PROVISIONS. 1193, Sec. (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) 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 2019, 86th Leg., R.S., Ch. (B) after a finding by the court that the subject of the protective order: (ii) is likely to commit family violence in the future. Sec. (3) the Title IV-D agency, if the application for the protective order indicates that the applicant is receiving services from the Title IV-D agency. In response to COVID-19, the Supreme Court has issued the following Emergency Orders that are still in effect. (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. 2, eff. WARNING ON PROTECTIVE ORDER. Sept. 1, 2001. (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. The court may not approve an agreement that requires the applicant to do or refrain from doing an act under Section 85.022. TRANSFER OF PROTECTIVE ORDER. Sept. 1, 1997; Acts 1999, 76th Leg., ch. September 1, 2007. May 5, 1997. The subsequent motion may not be filed earlier than the first anniversary of the date on which the court rendered an order on the previous motion by the person. 85.042. Sec. (b) An application for a protective order under this subchapter may be filed in: (1) a district court, juvenile court having the jurisdiction of a district court, statutory county court, or constitutional county court in: (A) the county in which the applicant resides; (B) the county in which the alleged offender resides; or, (C) any county in which an element of the alleged offense occurred; or. Sec. Added by Acts 1997, 75th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. 1160, Sec. 8, eff. 1.02, eff. 5, eff. 85.064. 910), Sec. Acts 2005, 79th Leg., Ch. Protective Orders and the Importance of TCIC Reporting: The Big Picture. Added by Acts 1997, 75th Leg., ch. (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 the address and telephone number of: (1) a person protected by the order, in which case the order shall state the county in which the person resides; (2) the place of employment or business of a person protected by the order; or. On receipt of the order suspending the license, the department shall: (1) record the suspension of the license in the records of the department; (2) report the suspension to local law enforcement agencies, as appropriate; and. REQUIREMENTS OF ORDER APPLYING TO ANY PARTY. (b) Repealed by Acts 2011, 82nd Leg., R.S., Ch. May 5, 1997. (a-1) The court may render a protective order sufficient to protect the applicant and members of the applicant's family or household that is effective for a period that exceeds two years if the court finds that the person who is the subject of the protective order: (1) committed an act constituting a felony offense involving family violence against the applicant or a member of the applicant's family or household, regardless of whether the person has been charged with or convicted of the offense; (2) caused serious bodily injury to the applicant or a member of the applicant's family or household; or. How do I know if my protective order is good under federal law? September 1, 2011. EXCEPTION FOR VIOLATION OF EXPIRED PROTECTIVE ORDER. Acts 2013, 83rd Leg., R.S., Ch. (b) A person who is the subject of a protective order may file a motion not earlier than the first anniversary of the date on which the order was rendered requesting that the court review the protective order and determine whether there is a continuing need for the order. 336 (H.B. SUBTITLE B. SUBCHAPTER C. PROTECTIVE ORDER PROHIBITING OFFENSE MOTIVATED BY BIAS OR PREJUDICE. ENTITLEMENT TO PROTECTIVE ORDER. Sec. Acts 2015, 84th Leg., R.S., Ch. (b) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 7B.001. Sec. ENFORCEMENT. 82.002. WHO MAY FILE APPLICATION. Amended by Acts 2001, 77th Leg., ch. Sec. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE ORDER. General rules. Can I get my protective order from Texas enforced in another state? According to Texas law, violation of a protective order can be punishable by a fine of up to $4,000 and a year in jail. 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 findings 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. In a protective order, the court may: (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, (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. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (a) In a protective order, the court may order the person found to have committed family violence to perform acts specified by the court that the court determines are necessary or appropriate to prevent or reduce the likelihood of family violence and may order that person to: (1) complete a battering intervention and prevention program accredited under Article 42.141, Code of Criminal Procedure; (2) beginning on September 1, 2008, if the referral option under Subdivision (1) is not available, complete a program or counsel with a provider that has begun the accreditation process described by Subsection (a-1); or. 14, eff. Fam. PROTECTIVE ORDER IN SUIT FOR DISSOLUTION OF MARRIAGE. 1, eff. September 1, 2017. REPORTING. (3) the clerk of the court shall forward a copy of a protective order issued under this subchapter to the Department of Public Safety with a designation indicating that the order was issued to prevent offenses committed because of bias or prejudice. 1, eff. (7) harming, threatening, or interfering with the care, custody, or control of a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code, that is possessed by or is in the actual or constructive care of a person protected by an order or by a member of the family or household of a person protected by an order. (b) To facilitate settlement, a respondent may agree in writing to the terms of a protective order as provided by Section 85.022, subject to the approval of the court. 85.021. APPLICATION FILED AFTER FINAL ORDER RENDERED IN SUIT FOR DISSOLUTION OF MARRIAGE OR SUIT AFFECTING PARENT-CHILD RELATIONSHIP. Sept. 1, 2001. Art. 1, eff. 7B.006. Acts 2019, 86th Leg., R.S., Ch. 1, eff. Moving to Another State with a Domestic Violence Protective Order. 7B.004. 327 (H.B. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER. 35, Sec. Amended by Acts 1997, 75th Leg., ch. 2, eff. A court shall. 7B.052. (e) In this section, "firearm" has the meaning assigned by Section 46.01, Penal Code. TEMPORARY EX PARTE ORDER. 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. Aug. 30, 1999; Acts 1999, 76th Leg., ch. 6(3), eff. Texas protective orders laws allow for both temporary (20 days maximum) and general (up to two years) protective orders, also referred to as "restraining orders." 3593), Sec. AGREED ORDER. Summary: In a protective order in Texas, the court may prohibit a party from removing a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code, from the possession of a person named in the order. For an original or modified protective order issued under this subchapter, on receipt of the order from the clerk of the court, a law enforcement agency shall immediately, but not later than the 10th day after the date the order 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. Acts 2017, 85th Leg., R.S., Ch. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER. 789), Sec. 4, eff. 7B.051. A person who fails to comply with this subsection may be punished for contempt of court under Section 21.002, Government Code. (3) if the referral option under Subdivision (1) or, beginning on September 1, 2008, the referral option under Subdivision (2) is not available, counsel with a social worker, family service agency, physician, psychologist, licensed therapist, or licensed professional counselor who has completed family violence intervention training that the community justice assistance division of the Texas Department of Criminal Justice has approved, after consultation with the licensing authorities described by Chapters 152, 501, 502, 503, and 505, Occupations Code, and experts in the field of family violence. (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. Sec. Sec. 543 (S.B. Code Title 4 protective order in that the former does not require a hearing, does not require the defendant and the victim to have a specific relationship (and can be issued to protect the victim from a stranger), and is issued before the defendant is released from jail . 257), Sec. Learn more in our latest blog post. 388), Sec. 6, eff. APPLICATION OF OTHER LAW. To the extent applicable, except as otherwise provided by this subchapter, Title 4, Family Code, applies to a protective order issued under this subchapter. 85.006. (a) In a protective order issued under this subchapter, the court may: (1) order the alleged offender to take action as specified by the court that the court determines is necessary or appropriate to prevent or reduce the likelihood of future harm to the applicant or a member of the applicant's family or household; or, (i) directly or indirectly with the applicant or any member of the applicant's family or household in a threatening or harassing manner; or. (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. September 1, 2011. Refer to the table below to learn about Texas protective order laws, or find out more in-depth information on the subject in the … January 1, 2016. Sept. 1, 1997; Acts 1999, 76th Leg., ch. CONTENTS OF PROTECTIVE ORDER. The procedure for the enforcement of a protective order under Title 4, Family Code, applies to the fullest extent practicable to the enforcement of a protective order under this subchapter, including provisions relating to findings, contents, duration, warning, delivery, law enforcement duties, and modification, except that: (1) the printed statement on the warning must refer to the prosecution of subsequent offenses committed because of bias or prejudice; (2) the court shall require a constable to serve a protective order issued under this subchapter; and. Sec. The court shall render a protective order in the manner provided by Title 4, Family Code, if, in lieu of the finding that family violence occurred and is likely to occur in the future as required by Section 85.001 (Required Findings and Orders), Family Code, the court finds that probable cause exists to believe that an offense under Section 42.072 (Stalking), Penal Code, occurred and that …

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