BILL ANALYSIS

C.S.H.B. 2288

By: Dutton

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The bill author has informed the committee that a court is currently compelled to grant a protective order if the court finds that an instance of family violence has occurred, regardless of ongoing present or future conditions. The bill author has also informed the committee that this requirement undermines the stated purpose of these orders, which courts have consistently identified as being to provide immediate humanitarian relief to victims rather than addressing historical grievances. C.S.H.B. 2288 seeks to address this issue by establishing an additional condition on the requirement for a court to grant a family violence protective order.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 2288 amends the Family Code to condition the issuance of a family violence protective order after a court's finding that family violence has occurred on the court also finding that family violence is likely to occur in the future. The bill makes related changes in provisions describing the circumstances under which there is a presumption that family violence has occurred for purposes of family violence protective orders and adds as a circumstance that must be fulfilled to trigger that presumption that the respondent is seeking or attempting to seek contact with the child.

C.S.H.B. 2288 amends the Code of Criminal Procedure to make conforming changes.

C.S.H.B. 2288 applies only to a protective order rendered on or after the bill's effective date. A protective order rendered before that date is governed by the law in effect on the date the order was rendered, and the former law is continued in effect for that purpose.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 2288 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute omits provisions from the introduced establishing as an affirmative defense for a respondent to an application for a protective order that family violence is not likely to occur in the future and placing the burden of proving the affirmative defense on the respondent by a preponderance of the evidence.

The substitute includes provisions absent from the introduced that do the following:

· condition the issuance of a family violence protective order after a court's finding that family violence has occurred on the court also finding that family violence is likely to occur in the future;

· make related changes in provisions describing the circumstances under which there is a presumption that family violence has occurred for purposes of family violence protective orders;

· add as a circumstance that must be fulfilled to trigger that presumption that the respondent is seeking or attempting to seek contact with the child; and

· make conforming changes to the Code of Criminal Procedure.

The substitute includes a corresponding procedural provision absent from the introduced and accordingly omits the introduced version's procedural provision with respect to an application for a protective order.