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A BILL TO BE ENTITLED
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AN ACT
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relating to the duration of a protective order against family |
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violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 85.001, Family Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) If the court renders a protective order for a period of |
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more than two years, the court must include in the order a finding |
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described by Section 85.025(a-1). |
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SECTION 2. Section 85.025, Family Code, is amended to read |
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as follows: |
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Sec. 85.025. DURATION OF PROTECTIVE ORDER. (a) Except as |
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otherwise provided by this section [Subsection (b) or (c)], an |
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order under this subtitle is effective: |
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(1) for the period stated in the order, not to exceed |
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two years; or |
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(2) if a period is not stated in the order, until the |
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second anniversary of the date the order was issued. |
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(a-1) The court may render a protective order sufficient to |
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protect the applicant and members of the applicant's family or |
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household that is effective for a period that exceeds two years if |
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the court finds that the person who is the subject of the protective |
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order: |
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(1) caused serious bodily injury to the applicant or a |
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member of the applicant's family or household; or |
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(2) was the subject of two or more previous protective |
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orders rendered: |
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(A) to protect the person on whose behalf the |
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current protective order is sought; and |
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(B) after a finding by the court that the subject |
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of the protective order: |
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(i) has committed family violence; and |
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(ii) is likely to commit family violence in |
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the future. |
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(b) A person who is the subject of a protective order may |
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file a motion not earlier than the first anniversary of the date on |
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which the order was rendered requesting that the court review the |
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protective order and determine whether there is a continuing need |
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for the order. After a hearing on the motion, if the court does not |
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make a finding that [finds] there is no [a] continuing need for the |
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protective order, the protective order remains in effect until the |
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date the order expires under this section. Evidence of the movant's |
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compliance with the protective order does not by itself support a |
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finding by the court that there is no continuing need for the |
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protective order. If the court finds there is no continuing need |
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for the protective order, the court shall order that the protective |
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order expires on a date set by the court. |
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(c) If a person who is the subject of a protective order is |
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confined or imprisoned on the date the protective order would |
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expire under Subsection (a) or (a-1), the period for which the order |
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is effective is extended, and the order expires on the first |
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anniversary of the date the person is released from confinement or |
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imprisonment. |
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SECTION 3. Section 87.002, Family Code, is amended to read |
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as follows: |
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Sec. 87.002. MODIFICATION MAY NOT EXTEND DURATION OF ORDER. |
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A protective order may not be modified to extend the period of the |
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order's validity beyond the second anniversary of the date the |
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original order was rendered or beyond the date the order expires |
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under Section 85.025(a-1) or (c) [85.025(c)], whichever date occurs |
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later. |
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SECTION 4. The change in law made by this Act applies only |
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to an application for a protective order that is filed on or after |
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the effective date of this Act. An application for a protective |
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order filed before the effective date of this Act is governed by the |
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law in effect on the date the application is filed, and the former |
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law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |