6(3), eff. 91, Sec. 1, eff. 85.064. 1, eff. 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. 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: Added by Acts 1997, 75th Leg., ch. It is possible to force an abuser to leave the home. 15, eff. 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. (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. 632, Sec. Violating a protective order can result in a jail sentence and/or fine. (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. (d) If the court renders a protective order for a period of more than two years, the court must include in the order a finding described by Section 85.025(a-1). In order to prevent the abuse of a child or other family member a Protective Order can be issued by a Court. 1, eff. protective orders. (2) may render a protective order as provided by Section 85.021 applying to both parties that is in the best interest of the person protected by the order or member of the family or household of the person protected by the order. Fam. Sec. AN ACT THAT RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE. Sec. 632, Sec. (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. (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. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 1997, 75th Leg., ch. Before concluding with a “Model Protective Order,” this paper provid esan outline of general considerations to be made when preparing a protective order. 632 (S.B. 13, eff. (c) A protective order that requires the first applicant to do or refrain from doing an act under Section 85.022 shall include a finding that the first applicant has committed family violence and is likely to commit family violence in the future. September 1, 2011. An agreement under this subsection is subject to the approval of the court. 7, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 9, eff. An affidavit under this subsection must be accompanied by a letter, notice, or certificate from the program or counselor that verifies the person's completion of the program or counseling. (3) demand surrender of the suspended license from the license holder. 1276 (H.B. 1 However, the may judge to issue an order for longer than two years if: the abuser committed an act that would be considered a … How do I know if my protective order is good under federal law? 85.006. REQUEST FOR PROTECTIVE ORDER. TITLE 4. To the extent applicable, except as otherwise provided by this subchapter, Title 4, Family Code, applies to a protective order issued under this subchapter. Anyone seeking assistance may call the Protective Order office at (817) 884-1623 between 7:45 a.m. to 5:00 p.m., Monday – Friday. (2) if a period is not stated in the order, until the second anniversary of the date the order was issued. ", "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. (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. ENTITLEMENT TO PROTECTIVE ORDER. Art. September 1, 2013. (5) award to a party the use and possession of specified property that is community property or jointly owned or leased property. (b) In a protective order, the court may prohibit the person found to have committed family violence from: (A) directly with a person protected by an order or a member of the family or household of a person protected by an order, in a threatening or harassing manner; (B) a threat through any person to a person protected by an order or a member of the family or household of a person protected by an order; and. (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. 16, eff. Acts 2007, 80th Leg., R.S., Ch. September 1, 2011. 243 (S.B. 336 (H.B. 437 (H.B. 1, eff. (3) in which it is alleged that the defendant committed the offense because of bias or prejudice as described by Article 42.014. (a) Each protective order issued under this subtitle, including a temporary ex parte order, must contain the following prominently displayed statements in boldfaced type, 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. Acts 2013, 83rd Leg., R.S., Ch. (2) forward a copy of the final protective order to the court in which the suit is pending. Sept. 1, 2001. (c) To the extent of any conflict with Section 85.025, Family Code, this article prevails. 2730), Sec. (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. September 1, 2013. May 5, 1997. 2, eff. (a) With regard to family violence under Section 71.004(1) or (2), an adult member of the family or household may file an application for a protective order to protect the applicant or any other member of the applicant's family or household (b) With regard to family violence under Section 71.004(3), an application for a protective order … 1193, Sec. 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. 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 … Added by Acts 1997, 75th Leg., ch. Sec. (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. Acts 2011, 82nd Leg., R.S., Ch. Types of Protective Orders in Texas • Magistrates Order of Emergency Protection (most common in Texas) • Special type of protective order available to victims AFTER an arrest is made in a criminal case; • Lasts 31-91 days depending on severity of crime; • … (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. Sec. 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 … Sept. 1, 2001. 85.003. 543 (S.B. A protective order lasts only as long as the time period the judge approves it for, with a maximum of two years. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1, eff. 44), Sec. 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. 1, eff. (B) engage in that conduct described by Paragraph (A) because of bias or prejudice. 355), Sec. Art. 6(2), eff. (g) A clerk of the court may delay sending a copy of the order under Subsection (a) only if the clerk lacks information necessary to ensure service and enforcement. 113 (S.B. 7B.102. 7B.104. (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). PROTECTIVE ORDERS AND FAMILY VIOLENCE. Sec. 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