By Goodman, Naishtat H.B. No. 1441
75R6547 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the recodification of statutes relating to protective
1-3 orders and family violence.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The Family Code is recodified by reenacting Title
1-6 4 to read as follows:
1-7 TITLE 4. PROTECTIVE ORDERS AND
1-8 FAMILY VIOLENCE
1-9 SUBTITLE A. GENERAL PROVISIONS
1-10 CHAPTER 71. DEFINITIONS
1-11 Sec. 71.001. APPLICABILITY OF DEFINITIONS. (a) Definitions
1-12 in this chapter apply to this title.
1-13 (b) If, in another part of this title, a term defined by
1-14 this chapter has a meaning different from the meaning provided by
1-15 this chapter, the meaning of that other provision prevails.
1-16 (c) Except as provided by this chapter, the definitions in
1-17 Chapter 101 apply to terms used in this title.
1-18 Sec. 71.002. COURT. "Court" means the district court, court
1-19 of domestic relations, juvenile court having the jurisdiction of a
1-20 district court, statutory county court, or other court expressly
1-21 given jurisdiction under this title.
1-22 Sec. 71.003. FAMILY. "Family" includes individuals related
1-23 by consanguinity or affinity, as determined under Sections 573.022
1-24 and 573.024, Government Code, individuals who are former spouses of
2-1 each other, individuals who are the biological parents of the same
2-2 child, without regard to marriage, and a foster child and foster
2-3 parent, without regard to whether those individuals reside
2-4 together.
2-5 Sec. 71.004. FAMILY VIOLENCE. "Family violence" means:
2-6 (1) an act by a member of a family or household
2-7 against another member of the family or household that is intended
2-8 to result in physical harm, bodily injury, assault, or sexual
2-9 assault or that is a threat that reasonably places the member in
2-10 fear of imminent physical harm, bodily injury, assault, or sexual
2-11 assault, but does not include defensive measures to protect
2-12 oneself; or
2-13 (2) abuse, as that term is defined by Sections
2-14 261.001(1)(C), (E), and (G) by a member of a family or household
2-15 toward a child of the family or household.
2-16 Sec. 71.005. HOUSEHOLD. "Household" means a unit composed
2-17 of persons living together in the same dwelling, without regard to
2-18 whether they are related to each other.
2-19 Sec. 71.006. MEMBER OF A HOUSEHOLD. "Member of a household"
2-20 includes a person who previously lived in a household.
2-21 Sec. 71.007. PROSECUTING ATTORNEY. "Prosecuting attorney"
2-22 means the attorney, determined as provided in this chapter, who
2-23 represents the state in a district or statutory county court in the
2-24 county in which venue of the application for a protective order is
2-25 proper.
3-1 SUBTITLE B. PROTECTIVE ORDERS
3-2 CHAPTER 81. GENERAL PROVISIONS
3-3 Sec. 81.001. ENTITLEMENT TO PROTECTIVE ORDER. A court shall
3-4 render a protective order as provided by Section 85.001(b) if the
3-5 court finds that family violence has occurred and is likely to
3-6 occur in the future.
3-7 Sec. 81.002. NO FEE FOR APPLICANT. (a) An applicant for a
3-8 protective order may not be assessed a fee, cost, charge, or
3-9 expense by a clerk of the court or other public official in
3-10 connection with the filing, servicing, or entering of a protective
3-11 order.
3-12 (b) A fee may not be charged to an applicant to dismiss,
3-13 modify, or withdraw a protective order.
3-14 Sec. 81.003. FEES AND COSTS PAID BY RESPONDENT. Except on a
3-15 showing of the indigence of the respondent by the respondent, the
3-16 court shall require in a protective order that the respondent
3-17 against whom the order is rendered pay the $16 protective order
3-18 fee, the standard fees charged by the clerk of the court in a
3-19 general civil proceeding for the cost of serving the order, the
3-20 costs of court, and all other fees, charges, or expenses incurred
3-21 in connection with the protective order.
3-22 Sec. 81.004. CONTEMPT FOR NONPAYMENT OF FEE. A respondent
3-23 who is ordered to pay fees and costs and who does not pay before
3-24 the 60th day after the date the order was rendered may be punished
3-25 for contempt of court as provided by Section 21.002, Government
3-26 Code.
3-27 Sec. 81.005. ATTORNEY'S FEES. (a) The court may assess
4-1 reasonable attorney's fees against the party found to have
4-2 committed family violence as compensation for the services of a
4-3 private or prosecuting attorney or an attorney employed by the
4-4 Department of Protective and Regulatory Services.
4-5 (b) In setting the amount of attorney's fees, the court
4-6 shall consider the income and ability to pay of the person against
4-7 whom the fee is assessed.
4-8 Sec. 81.006. PAYMENT OF ATTORNEY'S FEES. The amount of fees
4-9 collected under this chapter as compensation for the fees:
4-10 (1) of a private attorney shall be paid to the private
4-11 attorney who may enforce the order for fees in the attorney's own
4-12 name;
4-13 (2) of a prosecuting attorney shall be paid to the
4-14 credit of the county fund from which the salaries of the employees
4-15 of the prosecuting attorney are paid or supplemented; and
4-16 (3) of an attorney employed by the Department of
4-17 Protective and Regulatory Services shall be deposited in the
4-18 general revenue fund to the credit of the Department of Protective
4-19 and Regulatory Services.
4-20 Sec. 81.007. PROSECUTING ATTORNEY. (a) The county attorney
4-21 or the criminal district attorney is the prosecuting attorney
4-22 responsible for filing applications under this subtitle unless the
4-23 district attorney assumes the responsibility by giving notice of
4-24 that assumption to the county attorney.
4-25 (b) The prosecuting attorney responsible for filing an
4-26 application under this subtitle shall provide notice of that
4-27 responsibility to all law enforcement agencies in the jurisdiction
5-1 of the prosecuting attorney.
5-2 (c) The prosecuting attorney shall comply with Article 5.06,
5-3 Code of Criminal Procedure, in filing an application under this
5-4 subtitle.
5-5 Sec. 81.008. RELIEF CUMULATIVE. Except as provided by this
5-6 subtitle, the relief and remedies provided by this subtitle are
5-7 cumulative of other relief and remedies provided by law.
5-8 CHAPTER 82. APPLYING FOR PROTECTIVE ORDER
5-9 SUBCHAPTER A. APPLICATION FOR PROTECTIVE ORDER
5-10 Sec. 82.001. APPLICATION. A proceeding under this subtitle
5-11 is begun by filing "An Application for a Protective Order" with the
5-12 clerk of the court.
5-13 Sec. 82.002. WHO MAY FILE APPLICATION. (a) An application
5-14 for a protective order to protect the applicant or any other member
5-15 of the applicant's family or household may be filed by:
5-16 (1) an adult member of the family or household; or
5-17 (2) any adult for the protection of a child member of
5-18 the family or household.
5-19 (b) In addition, an application may be filed for the
5-20 protection of any person alleged to be a victim of family violence
5-21 by:
5-22 (1) a prosecuting attorney; or
5-23 (2) the Department of Protective and Regulatory
5-24 Services.
5-25 (c) The person alleged to be the victim of family violence
5-26 in an application filed under Subsection (b) is considered to be
5-27 the applicant for a protective order under this subtitle.
6-1 Sec. 82.003. VENUE. An application may be filed in:
6-2 (1) the county in which the applicant resides; or
6-3 (2) the county in which the respondent resides.
6-4 Sec. 82.004. CONTENTS OF APPLICATION. An application must
6-5 state:
6-6 (1) the name and county of residence of each
6-7 applicant;
6-8 (2) the name, address, and county of residence of each
6-9 individual alleged to have committed family violence;
6-10 (3) the relationships between the applicants and the
6-11 individual alleged to have committed family violence; and
6-12 (4) a request for one or more protective orders.
6-13 Sec. 82.005. APPLICATION FILED DURING SUIT FOR DISSOLUTION
6-14 OF MARRIAGE. (a) A person who wishes to apply for a protective
6-15 order with respect to the person's spouse and who is a party to a
6-16 suit for the dissolution of a marriage that is pending in a court
6-17 must file the application as a motion in that suit.
6-18 (b) An applicant denied a protective order filed as a motion
6-19 in a suit for dissolution of a marriage may not apply for a
6-20 protective order in another court based on facts identical to the
6-21 facts stated in the previous application.
6-22 Sec. 82.006. APPLICATION FILED AFTER DISSOLUTION OF
6-23 MARRIAGE. If an applicant for a protective order is a former
6-24 spouse of the individual alleged to have committed family violence,
6-25 the application must include:
6-26 (1) a copy of the decree dissolving the marriage; or
6-27 (2) a statement that the decree is unavailable to the
7-1 applicant and that a copy of the decree will be filed with the
7-2 court before the hearing on the application.
7-3 Sec. 82.007. APPLICATION FILED FOR CHILD SUBJECT TO
7-4 CONTINUING JURISDICTION. An application that requests a protective
7-5 order for a child who is subject to the continuing exclusive
7-6 jurisdiction of a court under Title 5 or alleges that a child who
7-7 is subject to the continuing exclusive jurisdiction of a court
7-8 under Title 5 has committed family violence must include:
7-9 (1) a copy of each court order affecting the
7-10 conservatorship, support, and possession of or access to the child;
7-11 or
7-12 (2) a statement that the orders affecting the child
7-13 are unavailable to the applicant and that a copy of the orders will
7-14 be filed with the court before the hearing on the application.
7-15 Sec. 82.008. APPLICATION FILED AFTER EXPIRATION OF FORMER
7-16 PROTECTIVE ORDER. (a) If an application for a protective order
7-17 alleges that the respondent has violated a previously rendered
7-18 protective order by committing an act prohibited by the order and
7-19 that the protective order has expired after the date that the
7-20 violation occurred, the application for the new protective order
7-21 must include:
7-22 (1) a copy of the expired protective order attached to
7-23 the application or, if a copy of the expired protective order is
7-24 unavailable, a statement that the order is unavailable to the
7-25 applicant and that a copy of the order will be filed with the court
7-26 before the hearing on the application;
7-27 (2) a description of the violation of the expired
8-1 protective order; and
8-2 (3) a statement that the violation of the expired
8-3 order has not been grounds for any other order protecting the
8-4 applicant that has been issued or requested under this subtitle.
8-5 (b) The procedural requirements for an original application
8-6 for a protective order apply to a protective order requested under
8-7 this section.
8-8 Sec. 82.009. APPLICATION FOR TEMPORARY EX PARTE ORDER. An
8-9 application that requests the issuance of a temporary ex parte
8-10 order under Chapter 83 must:
8-11 (1) contain a detailed description of the facts and
8-12 circumstances concerning the alleged family violence and the need
8-13 for the immediate protective order; and
8-14 (2) be signed by each applicant under an oath that the
8-15 facts and circumstances contained in the application are true to
8-16 the best knowledge and belief of each applicant.
8-17 (Sections 82.010-82.020 reserved for expansion)
8-18 SUBCHAPTER B. PLEADINGS BY RESPONDENT
8-19 Sec. 82.021. ANSWER. A respondent to an application for a
8-20 protective order who is served with notice of an application for a
8-21 protective order may file an answer at any time before the hearing.
8-22 A respondent is not required to file an answer to the application.
8-23 Sec. 82.022. REQUEST BY RESPONDENT FOR PROTECTIVE ORDER. To
8-24 apply for a protective order, a respondent to an application for a
8-25 protective order must file a separate application.
8-26 (Sections 82.023-82.040 reserved for expansion)
8-27 SUBCHAPTER C. NOTICE OF APPLICATION FOR PROTECTIVE ORDER
9-1 Sec. 82.041. CONTENTS OF NOTICE OF APPLICATION. (a) A
9-2 notice of an application for a protective order must:
9-3 (1) be styled "The State of Texas";
9-4 (2) be signed by the clerk of the court under the
9-5 court's seal;
9-6 (3) contain the name and location of the court;
9-7 (4) show the date the application was filed;
9-8 (5) show the date notice of the application for a
9-9 protective order was issued;
9-10 (6) show the date, time, and place of the hearing;
9-11 (7) show the file number;
9-12 (8) show the name of each applicant and each person
9-13 alleged to have committed family violence;
9-14 (9) be directed to each person alleged to have
9-15 committed family violence;
9-16 (10) show the name and address of the attorney for the
9-17 applicant or the address of the applicant; and
9-18 (11) contain the address of the clerk of the court.
9-19 (b) The notice of an application for a protective order must
9-20 state: "An application for a protective order has been filed in
9-21 the court stated in this notice alleging that you have committed
9-22 family violence. You may employ an attorney to defend you against
9-23 this allegation. You or your attorney may, but are not required
9-24 to, file a written answer to the application. Any answer must be
9-25 filed before the hearing on the application. If you receive this
9-26 notice within 48 hours before the time set for the hearing, you may
9-27 request the court to reschedule the hearing not later than 14 days
10-1 after the date set for the hearing. If you do not attend the
10-2 hearing, a default judgment may be taken and a protective order may
10-3 be issued against you."
10-4 Sec. 82.042. ISSUANCE OF NOTICE OF APPLICATION. (a) On the
10-5 filing of an application, the clerk of the court shall issue a
10-6 notice of an application for a protective order and deliver the
10-7 notice as directed by the applicant.
10-8 (b) On request by the applicant, the clerk of the court
10-9 shall issue a separate or additional notice of an application for a
10-10 protective order.
10-11 Sec. 82.043. SERVICE OF NOTICE OF APPLICATION. (a) Each
10-12 respondent to an application for a protective order is entitled to
10-13 service of notice of an application for a protective order.
10-14 (b) An applicant for a protective order shall furnish the
10-15 clerk with a sufficient number of copies of the application for
10-16 service on each respondent.
10-17 (c) Notice of an application for a protective order must be
10-18 served in the same manner as citation under the Texas Rules of
10-19 Civil Procedure, except that service by publication is not
10-20 authorized.
10-21 (d) Service of notice of an application for a protective
10-22 order is not required before the issuance of a temporary ex parte
10-23 order under Chapter 83.
10-24 (e) The requirements of service of notice under this
10-25 subchapter do not apply if the application is filed as a motion in
10-26 a suit for dissolution of a marriage. Notice for the motion is
10-27 given in the same manner as any other motion in a suit for
11-1 dissolution of a marriage.
11-2 CHAPTER 83. TEMPORARY EX PARTE ORDERS
11-3 Sec. 83.001. REQUIREMENTS FOR TEMPORARY EX PARTE ORDER. (a)
11-4 If the court finds from the information contained in an application
11-5 for a protective order that there is a clear and present danger of
11-6 family violence, the court, without further notice to any other
11-7 member of the family or household and without a hearing, may enter
11-8 a temporary ex parte order for the protection of the applicant or
11-9 any other member of the family or household of the applicant.
11-10 (b) In a temporary ex parte order, the court may direct a
11-11 respondent to do or refrain from doing specified acts.
11-12 Sec. 83.002. DURATION OF ORDER; EXTENSION. (a) A temporary
11-13 ex parte order is valid for the period specified in the order, not
11-14 to exceed 20 days.
11-15 (b) On the request of an applicant or on the court's own
11-16 motion, a temporary ex parte order may be extended for additional
11-17 20-day periods.
11-18 Sec. 83.003. BOND NOT REQUIRED. The court, at the court's
11-19 discretion, may dispense with the necessity of a bond for a
11-20 temporary ex parte order.
11-21 Sec. 83.004. MOTION TO VACATE. Any member of the family or
11-22 household affected by a temporary ex parte order may file a motion
11-23 at any time to vacate the order. On the filing of the motion to
11-24 vacate, the court shall set a date for hearing the motion as soon
11-25 as possible.
11-26 Sec. 83.005. CONFLICTING ORDERS. During the time the order
11-27 is valid, a temporary ex parte order prevails over any other court
12-1 order made under Title 5, except that on a motion to vacate the
12-2 temporary ex parte order, the court shall vacate the portions of
12-3 the order shown to be in conflict with the other court order.
12-4 Sec. 83.006. EXCLUSION OF PARTY FROM RESIDENCE. (a)
12-5 Subject to the limitations of Section 85.021(2), a person may only
12-6 be excluded from the occupancy of the person's residence by a
12-7 temporary ex parte order under this chapter if the applicant:
12-8 (1) files a sworn affidavit that provides a detailed
12-9 description of the facts and circumstances requiring the exclusion
12-10 of the person from the residence; and
12-11 (2) appears in person to testify at a temporary ex
12-12 parte hearing to justify the issuance of the order without notice.
12-13 (b) Before the court may render a temporary ex parte order
12-14 excluding a person from the person's residence, the court must find
12-15 from the required affidavit and testimony that:
12-16 (1) the applicant requesting the excluding order
12-17 either resides on the premises or has resided there within 30 days
12-18 before the date the application was filed;
12-19 (2) the person to be excluded has within the 30 days
12-20 before the date the application was filed committed family violence
12-21 against a member of the household; and
12-22 (3) there is a clear and present danger that the
12-23 person to be excluded is likely to commit family violence against a
12-24 member of the household.
12-25 Sec. 83.007. RECESS OF HEARING TO CONTACT RESPONDENT. The
12-26 court may recess the hearing on a temporary ex parte order to
12-27 contact the respondent by telephone and provide the respondent the
13-1 opportunity to be present when the court resumes the hearing.
13-2 Without regard to whether the respondent is able to be present at
13-3 the hearing, the court shall resume the hearing before the end of
13-4 the working day.
13-5 CHAPTER 84. HEARING
13-6 Sec. 84.001. TIME SET FOR HEARING. (a) On the filing of an
13-7 application for a protective order, the court shall set a date and
13-8 time for the hearing unless a later date is requested by the
13-9 applicant. Except as provided by Section 84.002, the court may not
13-10 set a date later than the 14th day after the date the application
13-11 is filed.
13-12 (b) The court may not delay a hearing on an application in
13-13 order to consolidate it with a hearing on a subsequently filed
13-14 application.
13-15 Sec. 84.002. EXTENDED TIME FOR HEARING IN CERTAIN COUNTIES.
13-16 (a) On the request of the prosecuting attorney in a county with a
13-17 population of more than 1.5 million, the court shall set the
13-18 hearing on a date and time not later than 20 days after the date
13-19 the application is filed or 20 days after the date a request is
13-20 made to reschedule a hearing under Section 84.003.
13-21 (b) The court shall grant the request of the prosecuting
13-22 attorney for an extended time in which to hold a hearing on a
13-23 protective order either on a case-by-case basis or for all cases
13-24 filed under this subtitle.
13-25 Sec. 84.003. HEARING RESCHEDULED FOR FAILURE OF SERVICE.
13-26 (a) If a hearing set under this chapter is not held because of the
13-27 failure of a respondent to receive service of notice of an
14-1 application for a protective order, the applicant may request the
14-2 court to reschedule the hearing.
14-3 (b) Except as provided by Section 84.002, the date for a
14-4 rescheduled hearing shall be not later than 14 days after the date
14-5 the request is made.
14-6 Sec. 84.004. HEARING RESCHEDULED FOR INSUFFICIENT NOTICE.
14-7 (a) If a respondent receives service of notice of an application
14-8 for a protective order within 48 hours before the time set for the
14-9 hearing, on request by the respondent, the court shall reschedule
14-10 the hearing for a date not later than 14 days after the date set
14-11 for the hearing.
14-12 (b) The respondent is not entitled to additional service for
14-13 a hearing rescheduled under this section.
14-14 CHAPTER 85. ISSUANCE OF PROTECTIVE ORDER
14-15 SUBCHAPTER A. FINDINGS AND ORDERS
14-16 Sec. 85.001. REQUIRED FINDINGS AND ORDERS. (a) At the
14-17 close of a hearing on an application for a protective order, the
14-18 court shall find whether:
14-19 (1) family violence has occurred; and
14-20 (2) family violence is likely to occur in the future.
14-21 (b) If the court finds that family violence has occurred and
14-22 that family violence is likely to occur in the future, the court:
14-23 (1) shall render a protective order as provided by
14-24 Section 85.022 applying only to a person found to have committed
14-25 family violence; and
14-26 (2) may render a protective order as provided by
14-27 Section 85.021 applying to both parties that is in the best
15-1 interest of the family or household or member of the family or
15-2 household.
15-3 (c) A protective order that requires the first applicant to
15-4 do or refrain from doing an act under Section 85.022 shall include
15-5 a finding that the first applicant has committed family violence
15-6 and is likely to commit family violence in the future.
15-7 Sec. 85.002. EXCEPTION FOR VIOLATION OF EXPIRED PROTECTIVE
15-8 ORDER. If the court finds that a respondent violated a protective
15-9 order by committing an act prohibited by the order as provided by
15-10 Section 85.022 and that the order has expired after the date that
15-11 the violation occurred, the court, without the necessity of making
15-12 the findings described by Section 85.001(a), shall render a
15-13 protective order as provided by Section 85.022 applying only to the
15-14 respondent and may render a protective order as provided by Section
15-15 85.021.
15-16 Sec. 85.003. SEPARATE PROTECTIVE ORDERS REQUIRED. (a) A
15-17 court that renders separate protective orders that apply to both
15-18 parties and require both parties to do or refrain from doing acts
15-19 under Section 85.022 shall render two distinct and separate
15-20 protective orders in two separate documents that reflect the
15-21 appropriate conditions for each party.
15-22 (b) A court that renders protective orders that apply to
15-23 both parties and require both parties to do or refrain from doing
15-24 acts under Section 85.022 shall render the protective orders in two
15-25 separate documents. The court shall provide one of the documents
15-26 to the applicant and the other document to the respondent.
15-27 (c) A court may not render one protective order under
16-1 Section 85.022 that applies to both parties.
16-2 Sec. 85.004. PROTECTIVE ORDER IN SUIT FOR DISSOLUTION OF
16-3 MARRIAGE. A protective order in a suit for dissolution of a
16-4 marriage must be in a separate document entitled "PROTECTIVE
16-5 ORDER."
16-6 Sec. 85.005. AGREED ORDER. (a) To facilitate settlement,
16-7 the parties to a proceeding may agree in writing to the terms of a
16-8 protective order as provided by Section 85.021. An agreement under
16-9 this subsection is subject to the approval of the court.
16-10 (b) To facilitate settlement, a respondent may agree in
16-11 writing to the terms of a protective order as provided by Section
16-12 85.022, subject to the approval of the court. The court may not
16-13 approve an agreement that requires the applicant to do or refrain
16-14 from doing an act under Section 85.022.
16-15 (c) If the court approves an agreement between the parties,
16-16 the court shall render an agreed protective order that is in the
16-17 best interest of the applicant, the family or household, or a
16-18 member of the family or household.
16-19 (d) An agreed protective order is not enforceable as a
16-20 contract.
16-21 (e) An agreed protective order expires on the date the court
16-22 order expires.
16-23 Sec. 85.006. DEFAULT ORDER. (a) A court may render a
16-24 protective order that is binding on a respondent who does not
16-25 attend a hearing if the respondent received service of the
16-26 application and notice of the hearing.
16-27 (b) If the court reschedules the hearing under Chapter 84, a
17-1 protective order may be rendered if the respondent does not attend
17-2 the rescheduled hearing.
17-3 Sec. 85.007. CONFIDENTIALITY OF CERTAIN INFORMATION. (a)
17-4 On request by a member of a family or household, the court may
17-5 exclude from a protective order the address and telephone number
17-6 of:
17-7 (1) a person protected by the order, in which case the
17-8 order shall state the county in which the person resides;
17-9 (2) the place of employment or business of a person
17-10 protected by the order; or
17-11 (3) the child-care facility or school a child
17-12 protected by the order attends or in which the child resides.
17-13 (b) On granting a request for confidentiality under this
17-14 section, the court shall order the clerk to:
17-15 (1) strike the information described by Subsection (a)
17-16 from the public records of the court; and
17-17 (2) maintain a confidential record of the information
17-18 for use only by the court.
17-19 Sec. 85.008. DISMISSAL OF APPLICATION PROHIBITED IF DIVORCE
17-20 FILED; EXCEPTION. (a) A court may not dismiss an application for
17-21 a protective order on the grounds that a suit for dissolution of a
17-22 marriage is filed.
17-23 (b) A court may dismiss an application for a protective
17-24 order under this chapter if the court in which a suit for
17-25 dissolution of a marriage is pending has rendered a protective
17-26 order or denied on its merits an application for a protective order
17-27 filed in the court by the same applicant.
18-1 Sec. 85.009. ORDER VALID UNTIL SUPERSEDED. A protective
18-2 order rendered under this chapter is valid and enforceable pending
18-3 further action by the court that rendered the order until the order
18-4 is properly superseded by another court with jurisdiction over the
18-5 order.
18-6 (Sections 85.010-85.020 reserved for expansion)
18-7 SUBCHAPTER B. CONTENTS OF PROTECTIVE ORDER
18-8 Sec. 85.021. REQUIREMENTS OF ORDER APPLYING TO ANY PARTY.
18-9 In a protective order, the court may:
18-10 (1) prohibit a party from:
18-11 (A) removing a child who is a member of the
18-12 family or household from:
18-13 (i) the possession of a person named in
18-14 the order; or
18-15 (ii) the jurisdiction of the court; or
18-16 (B) transferring, encumbering, or otherwise
18-17 disposing of property, other than in the ordinary course of
18-18 business, that is mutually owned or leased by the parties;
18-19 (2) grant exclusive possession of a residence to a
18-20 party and, if appropriate, direct one or more parties to vacate the
18-21 residence if the residence:
18-22 (A) is jointly owned or leased by the party
18-23 receiving exclusive possession and a party being denied possession;
18-24 (B) is owned or leased by the party retaining
18-25 possession; or
18-26 (C) is owned or leased by the party being denied
18-27 possession and that party has an obligation to support the party or
19-1 a child of the party granted possession of the residence;
19-2 (3) provide for the possession of and access to a
19-3 child of a party if the person receiving possession of or access to
19-4 the child is a parent of the child;
19-5 (4) require the payment of support for a party or for
19-6 a child of a party if the person required to make the payment has
19-7 an obligation to support the other party or the child; or
19-8 (5) award to a party the use and possession of
19-9 specified property that is community property or jointly owned or
19-10 leased property.
19-11 Sec. 85.022. REQUIREMENTS OF ORDER APPLYING TO PERSON WHO
19-12 COMMITTED FAMILY VIOLENCE. (a) In a protective order, the court
19-13 may order the person found to have committed family violence to:
19-14 (1) complete a batterer's treatment program if a
19-15 program is available;
19-16 (2) counsel with a social worker, family service
19-17 agency, physician, psychologist, licensed therapist, or licensed
19-18 professional counselor if a program under Subdivision (1) is not
19-19 available; or
19-20 (3) perform acts specified by the court that the court
19-21 determines are necessary or appropriate to prevent or reduce the
19-22 likelihood of family violence.
19-23 (b) In a protective order, the court may prohibit the person
19-24 found to have committed family violence from:
19-25 (1) committing family violence;
19-26 (2) communicating:
19-27 (A) directly with a member of the family or
20-1 household in a threatening or harassing manner;
20-2 (B) a threat through any person to a member of
20-3 the family or household; and
20-4 (C) if the court finds good cause, in any manner
20-5 with a member of the family or household except through the party's
20-6 attorney or a person appointed by the court;
20-7 (3) going to or near the residence or place of
20-8 employment or business of a member of the family or household;
20-9 (4) going to or near the residence, child-care
20-10 facility, or school a child protected under the order normally
20-11 attends or in which the child normally resides; and
20-12 (5) engaging in conduct directed specifically toward a
20-13 person who is a member of the family or household, including
20-14 following the person, that is reasonably likely to harass, annoy,
20-15 alarm, abuse, torment, or embarrass the person.
20-16 (c) In an order under Subsection (b)(3) or (4), the court
20-17 shall specifically describe each prohibited location and the
20-18 minimum distances from the location, if any, that the party must
20-19 maintain. This subsection does not apply to an order in which
20-20 Section 85.007 applies.
20-21 Sec. 85.023. EFFECT ON PROPERTY RIGHTS. A protective order
20-22 or an agreement approved by the court under this subtitle does not
20-23 affect the title to real property.
20-24 Sec. 85.024. ENFORCEMENT OF COUNSELING REQUIREMENT. (a) A
20-25 person found to have engaged in family violence who is ordered to
20-26 attend a program or counseling under Section 85.022(a)(1) or (2)
20-27 and who does not provide to the court an affidavit before the 60th
21-1 day after the date the order was rendered stating either that the
21-2 person has begun the program or counseling or that a program or
21-3 counseling is not available within a reasonable distance from the
21-4 person's residence may be punished for contempt of court under
21-5 Section 21.002, Government Code.
21-6 (b) A protective order under Section 85.022 must
21-7 specifically advise the person subject to the order of the
21-8 requirement of this section and the possible punishment if the
21-9 person fails to comply with the requirement.
21-10 Sec. 85.025. DURATION OF PROTECTIVE ORDER. An order under
21-11 this subtitle is effective for the period stated in the order, not
21-12 to exceed one year. An order that does not specify the period for
21-13 which the order is effective expires on the first anniversary of
21-14 the date the order was issued.
21-15 Sec. 85.026. WARNING ON PROTECTIVE ORDER. (a) Each
21-16 protective order issued under this subtitle, including a temporary
21-17 ex parte order, must contain the following printed statement in
21-18 bold-faced type or capital letters:
21-19 "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
21-20 CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
21-21 JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
21-22 (b) Each protective order issued under this subtitle, except
21-23 for a temporary ex parte order, must contain the following printed
21-24 statement in bold-faced type or capital letters:
21-25 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
21-26 BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
21-27 CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
22-1 RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
22-2 MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
22-3 SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
22-4 FOR AT LEAST TWO YEARS."
22-5 (c) Each protective order issued under this subtitle,
22-6 including a temporary ex parte order, must contain the following
22-7 printed statement in bold-faced type or capital letters:
22-8 "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
22-9 ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
22-10 PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
22-11 VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
22-12 UNLESS A COURT CHANGES THE ORDER."
22-13 (Sections 85.027-85.040 reserved for expansion)
22-14 SUBCHAPTER C. DELIVERY OF PROTECTIVE ORDER
22-15 Sec. 85.041. DELIVERY TO RESPONDENT. (a) A protective
22-16 order rendered under this subtitle shall be:
22-17 (1) delivered to the respondent as provided by Rule
22-18 21a, Texas Rules of Civil Procedure;
22-19 (2) served in the same manner as a writ of injunction;
22-20 or
22-21 (3) served in open court at the close of the hearing
22-22 as provided by this section.
22-23 (b) The court shall serve an order in open court to a
22-24 respondent who is present at the hearing by giving to the
22-25 respondent a copy of the order, reduced to writing and signed by
22-26 the judge or master. A certified copy of the signed order shall be
22-27 given to the applicant at the time the order is given to the
23-1 respondent. If the applicant is not in court at the conclusion of
23-2 the hearing, the clerk of the court shall mail a certified copy of
23-3 the order to the applicant not later than the third business day
23-4 after the date the hearing is concluded.
23-5 (c) If the order has not been reduced to writing, the court
23-6 shall give notice orally to a respondent who is present at the
23-7 hearing of the part of the order that contains prohibitions under
23-8 Section 85.022 or any other part of the order that contains
23-9 provisions necessary to prevent further family violence. The clerk
23-10 of the court shall mail a copy of the order to the respondent and a
23-11 certified copy of the order to the applicant not later than the
23-12 third business day after the date the hearing is concluded.
23-13 (d) If the respondent is not present at the hearing and the
23-14 order has been reduced to writing at the conclusion of the hearing,
23-15 the clerk of the court shall immediately provide a certified copy
23-16 of the order to the applicant and mail a copy of the order to the
23-17 respondent not later than the third business day after the date the
23-18 hearing is concluded.
23-19 Sec. 85.042. DELIVERY OF ORDER TO OTHER PERSONS. (a) The
23-20 clerk of the court issuing an original or modified protective order
23-21 under this subtitle shall send a copy of the order to the chief of
23-22 police of the municipality in which the member of the family or
23-23 household protected by the order resides, if the person resides in
23-24 a municipality, or to the sheriff of the county in which the person
23-25 resides, if the person does not reside in a municipality.
23-26 (b) If a protective order made under this chapter prohibits
23-27 a respondent from going to or near a child-care facility or school,
24-1 the clerk of the court shall send a copy of the order to the
24-2 child-care facility or school.
24-3 (c) The clerk of a court that vacates an original or
24-4 modified protective order under this subtitle shall notify the
24-5 chief of police or sheriff who received a copy of the original or
24-6 modified order that the order is vacated.
24-7 CHAPTER 86. LAW ENFORCEMENT DUTIES RELATING TO PROTECTIVE ORDERS
24-8 Sec. 86.001. ADOPTION OF PROCEDURES BY LAW ENFORCEMENT
24-9 AGENCY. (a) To ensure that law enforcement officers responding to
24-10 calls are aware of the existence and terms of protective orders
24-11 issued under this subtitle, each law enforcement agency shall
24-12 establish procedures in the agency to provide adequate information
24-13 or access to information for law enforcement officers of the names
24-14 of each person protected by an order issued under this subtitle and
24-15 of each person against whom protective orders are directed.
24-16 (b) A law enforcement agency may enter a protective order in
24-17 the agency's computer records of outstanding warrants as notice
24-18 that the order has been issued and is currently in effect. On
24-19 receipt of notification by a clerk of court that the court has
24-20 vacated or dismissed an order, the law enforcement agency shall
24-21 remove the order from the agency's computer record of outstanding
24-22 warrants.
24-23 Sec. 86.002. DUTY TO PROVIDE INFORMATION TO FIREARMS
24-24 DEALERS. (a) On receipt of a request for a law enforcement
24-25 information system record check of a prospective transferee by a
24-26 licensed firearms dealer under the Brady Handgun Violence
24-27 Prevention Act, 18 U.S.C. Section 922, the chief law enforcement
25-1 officer shall determine whether the Department of Public Safety has
25-2 in the department's law enforcement information system a record
25-3 indicating the existence of an active protective order directed to
25-4 the prospective transferee.
25-5 (b) If the department's law enforcement information system
25-6 indicates the existence of an active protective order directed to
25-7 the prospective transferee, the chief law enforcement officer shall
25-8 immediately advise the dealer that the transfer is prohibited.
25-9 Sec. 86.003. COURT ORDER FOR LAW ENFORCEMENT ASSISTANCE
25-10 UNDER TEMPORARY ORDER. On request by an applicant obtaining a
25-11 temporary ex parte protective order that excludes the respondent
25-12 from the respondent's residence, the court granting the temporary
25-13 order shall render a written order to the sheriff or chief of
25-14 police to provide a law enforcement officer from the department of
25-15 the chief of police or sheriff to:
25-16 (1) accompany the applicant to the residence covered
25-17 by the order;
25-18 (2) inform the respondent that the court has ordered
25-19 that the respondent be excluded from the residence;
25-20 (3) protect the applicant while the applicant takes
25-21 possession of the residence; and
25-22 (4) protect the applicant if the respondent refuses to
25-23 vacate the residence while the applicant takes possession of the
25-24 applicant's necessary personal property.
25-25 Sec. 86.004. COURT ORDER FOR LAW ENFORCEMENT ASSISTANCE
25-26 UNDER FINAL ORDER. On request by an applicant obtaining a final
25-27 protective order that excludes the respondent from the respondent's
26-1 residence, the court granting the final order shall render a
26-2 written order to the sheriff or chief of police to provide a law
26-3 enforcement officer from the department of the chief of police or
26-4 sheriff to:
26-5 (1) accompany the applicant to the residence covered
26-6 by the order;
26-7 (2) inform the respondent that the court has ordered
26-8 that the respondent be excluded from the residence;
26-9 (3) protect the applicant while the applicant takes
26-10 possession of the residence and the respondent takes possession of
26-11 the respondent's necessary personal property; and
26-12 (4) if the respondent refuses to vacate the residence:
26-13 (A) remove the respondent from the residence;
26-14 and
26-15 (B) arrest the respondent for violating the
26-16 court order.
26-17 CHAPTER 87. MODIFICATION OF PROTECTIVE ORDERS
26-18 Sec. 87.001. MODIFICATION OF PROTECTIVE ORDER. On the
26-19 motion of any party, the court, after notice and hearing, may
26-20 modify an existing protective order to:
26-21 (1) exclude any item included in the order; or
26-22 (2) include any item that could have been included in
26-23 the order.
26-24 Sec. 87.002. MODIFICATION MAY NOT EXTEND DURATION OF ORDER.
26-25 A protective order may not be modified to extend the period of the
26-26 order's validity beyond the first anniversary of the date the
26-27 original order was rendered.
27-1 Sec. 87.003. NOTIFICATION OF MOTION TO MODIFY. Notice of a
27-2 motion to modify a protective order is sufficient if delivery of
27-3 the motion is attempted on the respondent at the respondent's last
27-4 known address by registered or certified mail as provided by Rule
27-5 21a, Texas Rules of Civil Procedure.
27-6 SUBTITLE C. REPORTING FAMILY VIOLENCE
27-7 CHAPTER 91. REPORTING FAMILY VIOLENCE
27-8 Sec. 91.001. DEFINITIONS. In this subtitle:
27-9 (1) "Family violence" has the meaning assigned by
27-10 Section 71.004.
27-11 (2) "Medical professional" means a licensed doctor,
27-12 nurse, physician assistant, or emergency medical technician.
27-13 Sec. 91.002. REPORTING BY WITNESSES ENCOURAGED. A person
27-14 who witnesses family violence is encouraged to report the family
27-15 violence to a local law enforcement agency.
27-16 Sec. 91.003. INFORMATION PROVIDED BY MEDICAL PROFESSIONALS.
27-17 A medical professional who treats a person for injuries that the
27-18 medical professional has reason to believe were caused by family
27-19 violence shall:
27-20 (1) immediately provide the person with information
27-21 regarding the nearest family violence shelter center;
27-22 (2) document in the person's medical file:
27-23 (A) the fact that the person has received the
27-24 information provided under Subdivision (1); and
27-25 (B) the reasons for the medical professional's
27-26 belief that the person's injuries were caused by family violence;
27-27 and
28-1 (3) give the person a written notice in substantially
28-2 the following form, completed with the required information, in
28-3 both English and Spanish:
28-4 "NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE
28-5 "It is a crime for any person to cause you any physical injury or
28-6 harm even if that person is a member or former member of your
28-7 family or household.
28-8 "You may report family violence to a law enforcement officer by
28-9 calling the following telephone numbers:
28-10 _______________________________________________.
28-11 "If you, your child, or any other household resident has been
28-12 injured or if you feel you are going to be in danger after a law
28-13 enforcement officer investigating family violence leaves your
28-14 residence or at a later time, you have the right to:
28-15 "Ask the local prosecutor to file a criminal complaint
28-16 against the person committing family violence; and
28-17 "Apply to a court for an order to protect you. You may want
28-18 to consult with a legal aid office, a prosecuting attorney, or a
28-19 private attorney. A court can enter an order that:
28-20 "(1) prohibits the abuser from committing further acts
28-21 of violence;
28-22 "(2) prohibits the abuser from threatening, harassing,
28-23 or contacting you at home;
28-24 "(3) directs the abuser to leave your household; and
28-25 "(4) establishes temporary custody of the children or
28-26 any property.
28-27 "A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED PROTECTION MAY
29-1 BE A FELONY.
29-2 "CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL ORGANIZATIONS IF
29-3 YOU NEED PROTECTION: _________________________________."
29-4 Sec. 91.004. APPLICATION OF SUBTITLE. This subtitle does
29-5 not affect a duty to report child abuse under Chapter 261.
29-6 CHAPTER 92. IMMUNITY
29-7 Sec. 92.001. IMMUNITY. (a) Except as provided by
29-8 Subsection (b), a person who reports family violence under Section
29-9 91.002 or provides information under Section 91.003 is immune from
29-10 civil liability that might otherwise be incurred or imposed.
29-11 (b) A person who reports the person's own conduct or who
29-12 otherwise reports family violence in bad faith is not protected
29-13 from liability under this section.
29-14 SECTION 2. Title 4, Family Code, as that title existed
29-15 before the effective date of this Act, is repealed.
29-16 SECTION 3. The change in law made by this Act does not
29-17 affect a proceeding under the Family Code pending on the effective
29-18 date of this Act. A proceeding pending on the effective date of
29-19 this Act is governed by the law in effect at the time the
29-20 proceeding was commenced, and the former law is continued in effect
29-21 for that purpose.
29-22 SECTION 4. The importance of this legislation and the
29-23 crowded condition of the calendars in both houses create an
29-24 emergency and an imperative public necessity that the
29-25 constitutional rule requiring bills to be read on three several
29-26 days in each house be suspended, and this rule is hereby suspended,
29-27 and that this Act take effect and be in force from and after its
30-1 passage, and it is so enacted.