State Codes and Statutes

Statutes > Texas > Family-code > Title-4-protective-orders-and-family-violence > Chapter-81-general-provisions

FAMILY CODE

TITLE 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE

SUBTITLE B. PROTECTIVE ORDERS

CHAPTER 81. GENERAL PROVISIONS

Sec. 81.001. ENTITLEMENT TO PROTECTIVE ORDER. A court shall

render a protective order as provided by Section 85.001(b) if the

court finds that family violence has occurred and is likely to

occur in the future.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Sec. 81.002. NO FEE FOR APPLICANT. An applicant for a

protective order or an attorney representing an applicant may not

be assessed a fee, cost, charge, or expense by a district or

county clerk of the court or a sheriff, constable, or other

public official or employee in connection with the filing,

serving, or entering of a protective order or for any other

service described by this subsection, including:

(1) a fee to dismiss, modify, or withdraw a protective order;

(2) a fee for certifying copies;

(3) a fee for comparing copies to originals;

(4) a court reporter fee;

(5) a judicial fund fee;

(6) a fee for any other service related to a protective order;

or

(7) a fee to transfer a protective order.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 3, eff. Sept. 1,

1997.

Sec. 81.003. FEES AND COSTS PAID BY PARTY FOUND TO HAVE

COMMITTED FAMILY VIOLENCE. (a) Except on a showing of good

cause or of the indigence of a party found to have committed

family violence, the court shall require in a protective order

that the party against whom the order is rendered pay the $16

protective order fee, the standard fees charged by the clerk of

the court in a general civil proceeding for the cost of serving

the order, the costs of court, and all other fees, charges, or

expenses incurred in connection with the protective order.

(b) The court may order a party against whom an agreed

protective order is rendered under Section 85.005 to pay the fees

required in Subsection (a).

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 4, eff. Sept. 1,

1997.

Sec. 81.004. CONTEMPT FOR NONPAYMENT OF FEE. (a) A party who

is ordered to pay fees and costs and who does not pay before the

date specified by the order may be punished for contempt of court

as provided by Section 21.002, Government Code.

(b) If a date is not specified by the court under Subsection

(a), payment of costs is required before the 60th day after the

date the order was rendered.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 5, eff. Sept. 1,

1997.

Sec. 81.005. ATTORNEY'S FEES. (a) The court may assess

reasonable attorney's fees against the party found to have

committed family violence or a party against whom an agreed

protective order is rendered under Section 85.005 as compensation

for the services of a private or prosecuting attorney or an

attorney employed by the Department of Protective and Regulatory

Services.

(b) In setting the amount of attorney's fees, the court shall

consider the income and ability to pay of the person against whom

the fee is assessed.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 6, eff. Sept. 1,

1997.

Sec. 81.006. PAYMENT OF ATTORNEY'S FEES. The amount of fees

collected under this chapter as compensation for the fees:

(1) of a private attorney shall be paid to the private attorney

who may enforce the order for fees in the attorney's own name;

(2) of a prosecuting attorney shall be paid to the credit of the

county fund from which the salaries of the employees of the

prosecuting attorney are paid or supplemented; and

(3) of an attorney employed by the Department of Protective and

Regulatory Services shall be deposited in the general revenue

fund to the credit of the Department of Protective and Regulatory

Services.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Sec. 81.007. PROSECUTING ATTORNEY. (a) The county attorney or

the criminal district attorney is the prosecuting attorney

responsible for filing applications under this subtitle unless

the district attorney assumes the responsibility by giving notice

of that assumption to the county attorney.

(b) The prosecuting attorney responsible for filing an

application under this subtitle shall provide notice of that

responsibility to all law enforcement agencies in the

jurisdiction of the prosecuting attorney.

(c) The prosecuting attorney shall comply with Article 5.06,

Code of Criminal Procedure, in filing an application under this

subtitle.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Sec. 81.0075. REPRESENTATION BY PROSECUTING ATTORNEY IN CERTAIN

SUBSEQUENT ACTIONS. A prosecuting attorney who represents a

party in a proceeding under this subtitle is not precluded from

representing the Department of Protective and Regulatory Services

in a subsequent action involving the party.

Added by Acts 1997, 75th Leg., ch. 1193, Sec. 7, eff. Sept. 1,

1997.

Sec. 81.008. RELIEF CUMULATIVE. Except as provided by this

subtitle, the relief and remedies provided by this subtitle are

cumulative of other relief and remedies provided by law.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Sec. 81.009. APPEAL. (a) Except as provided by Subsections (b)

and (c), a protective order rendered under this subtitle may be

appealed.

(b) A protective order rendered against a party in a suit for

dissolution of a marriage may not be appealed until the time the

final decree of dissolution of the marriage becomes a final,

appealable order.

(c) A protective order rendered against a party in a suit

affecting the parent-child relationship may not be appealed until

the time an order providing for support of the child or

possession of or access to the child becomes a final, appealable

order.

Added by Acts 2005, 79th Leg., Ch.

916, Sec. 2, eff. June 18, 2005.

State Codes and Statutes

Statutes > Texas > Family-code > Title-4-protective-orders-and-family-violence > Chapter-81-general-provisions

FAMILY CODE

TITLE 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE

SUBTITLE B. PROTECTIVE ORDERS

CHAPTER 81. GENERAL PROVISIONS

Sec. 81.001. ENTITLEMENT TO PROTECTIVE ORDER. A court shall

render a protective order as provided by Section 85.001(b) if the

court finds that family violence has occurred and is likely to

occur in the future.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Sec. 81.002. NO FEE FOR APPLICANT. An applicant for a

protective order or an attorney representing an applicant may not

be assessed a fee, cost, charge, or expense by a district or

county clerk of the court or a sheriff, constable, or other

public official or employee in connection with the filing,

serving, or entering of a protective order or for any other

service described by this subsection, including:

(1) a fee to dismiss, modify, or withdraw a protective order;

(2) a fee for certifying copies;

(3) a fee for comparing copies to originals;

(4) a court reporter fee;

(5) a judicial fund fee;

(6) a fee for any other service related to a protective order;

or

(7) a fee to transfer a protective order.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 3, eff. Sept. 1,

1997.

Sec. 81.003. FEES AND COSTS PAID BY PARTY FOUND TO HAVE

COMMITTED FAMILY VIOLENCE. (a) Except on a showing of good

cause or of the indigence of a party found to have committed

family violence, the court shall require in a protective order

that the party against whom the order is rendered pay the $16

protective order fee, the standard fees charged by the clerk of

the court in a general civil proceeding for the cost of serving

the order, the costs of court, and all other fees, charges, or

expenses incurred in connection with the protective order.

(b) The court may order a party against whom an agreed

protective order is rendered under Section 85.005 to pay the fees

required in Subsection (a).

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 4, eff. Sept. 1,

1997.

Sec. 81.004. CONTEMPT FOR NONPAYMENT OF FEE. (a) A party who

is ordered to pay fees and costs and who does not pay before the

date specified by the order may be punished for contempt of court

as provided by Section 21.002, Government Code.

(b) If a date is not specified by the court under Subsection

(a), payment of costs is required before the 60th day after the

date the order was rendered.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 5, eff. Sept. 1,

1997.

Sec. 81.005. ATTORNEY'S FEES. (a) The court may assess

reasonable attorney's fees against the party found to have

committed family violence or a party against whom an agreed

protective order is rendered under Section 85.005 as compensation

for the services of a private or prosecuting attorney or an

attorney employed by the Department of Protective and Regulatory

Services.

(b) In setting the amount of attorney's fees, the court shall

consider the income and ability to pay of the person against whom

the fee is assessed.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 6, eff. Sept. 1,

1997.

Sec. 81.006. PAYMENT OF ATTORNEY'S FEES. The amount of fees

collected under this chapter as compensation for the fees:

(1) of a private attorney shall be paid to the private attorney

who may enforce the order for fees in the attorney's own name;

(2) of a prosecuting attorney shall be paid to the credit of the

county fund from which the salaries of the employees of the

prosecuting attorney are paid or supplemented; and

(3) of an attorney employed by the Department of Protective and

Regulatory Services shall be deposited in the general revenue

fund to the credit of the Department of Protective and Regulatory

Services.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Sec. 81.007. PROSECUTING ATTORNEY. (a) The county attorney or

the criminal district attorney is the prosecuting attorney

responsible for filing applications under this subtitle unless

the district attorney assumes the responsibility by giving notice

of that assumption to the county attorney.

(b) The prosecuting attorney responsible for filing an

application under this subtitle shall provide notice of that

responsibility to all law enforcement agencies in the

jurisdiction of the prosecuting attorney.

(c) The prosecuting attorney shall comply with Article 5.06,

Code of Criminal Procedure, in filing an application under this

subtitle.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Sec. 81.0075. REPRESENTATION BY PROSECUTING ATTORNEY IN CERTAIN

SUBSEQUENT ACTIONS. A prosecuting attorney who represents a

party in a proceeding under this subtitle is not precluded from

representing the Department of Protective and Regulatory Services

in a subsequent action involving the party.

Added by Acts 1997, 75th Leg., ch. 1193, Sec. 7, eff. Sept. 1,

1997.

Sec. 81.008. RELIEF CUMULATIVE. Except as provided by this

subtitle, the relief and remedies provided by this subtitle are

cumulative of other relief and remedies provided by law.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Sec. 81.009. APPEAL. (a) Except as provided by Subsections (b)

and (c), a protective order rendered under this subtitle may be

appealed.

(b) A protective order rendered against a party in a suit for

dissolution of a marriage may not be appealed until the time the

final decree of dissolution of the marriage becomes a final,

appealable order.

(c) A protective order rendered against a party in a suit

affecting the parent-child relationship may not be appealed until

the time an order providing for support of the child or

possession of or access to the child becomes a final, appealable

order.

Added by Acts 2005, 79th Leg., Ch.

916, Sec. 2, eff. June 18, 2005.


State Codes and Statutes


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State Codes and Statutes

Statutes > Texas > Family-code > Title-4-protective-orders-and-family-violence > Chapter-81-general-provisions

FAMILY CODE

TITLE 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE

SUBTITLE B. PROTECTIVE ORDERS

CHAPTER 81. GENERAL PROVISIONS

Sec. 81.001. ENTITLEMENT TO PROTECTIVE ORDER. A court shall

render a protective order as provided by Section 85.001(b) if the

court finds that family violence has occurred and is likely to

occur in the future.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Sec. 81.002. NO FEE FOR APPLICANT. An applicant for a

protective order or an attorney representing an applicant may not

be assessed a fee, cost, charge, or expense by a district or

county clerk of the court or a sheriff, constable, or other

public official or employee in connection with the filing,

serving, or entering of a protective order or for any other

service described by this subsection, including:

(1) a fee to dismiss, modify, or withdraw a protective order;

(2) a fee for certifying copies;

(3) a fee for comparing copies to originals;

(4) a court reporter fee;

(5) a judicial fund fee;

(6) a fee for any other service related to a protective order;

or

(7) a fee to transfer a protective order.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 3, eff. Sept. 1,

1997.

Sec. 81.003. FEES AND COSTS PAID BY PARTY FOUND TO HAVE

COMMITTED FAMILY VIOLENCE. (a) Except on a showing of good

cause or of the indigence of a party found to have committed

family violence, the court shall require in a protective order

that the party against whom the order is rendered pay the $16

protective order fee, the standard fees charged by the clerk of

the court in a general civil proceeding for the cost of serving

the order, the costs of court, and all other fees, charges, or

expenses incurred in connection with the protective order.

(b) The court may order a party against whom an agreed

protective order is rendered under Section 85.005 to pay the fees

required in Subsection (a).

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 4, eff. Sept. 1,

1997.

Sec. 81.004. CONTEMPT FOR NONPAYMENT OF FEE. (a) A party who

is ordered to pay fees and costs and who does not pay before the

date specified by the order may be punished for contempt of court

as provided by Section 21.002, Government Code.

(b) If a date is not specified by the court under Subsection

(a), payment of costs is required before the 60th day after the

date the order was rendered.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 5, eff. Sept. 1,

1997.

Sec. 81.005. ATTORNEY'S FEES. (a) The court may assess

reasonable attorney's fees against the party found to have

committed family violence or a party against whom an agreed

protective order is rendered under Section 85.005 as compensation

for the services of a private or prosecuting attorney or an

attorney employed by the Department of Protective and Regulatory

Services.

(b) In setting the amount of attorney's fees, the court shall

consider the income and ability to pay of the person against whom

the fee is assessed.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 6, eff. Sept. 1,

1997.

Sec. 81.006. PAYMENT OF ATTORNEY'S FEES. The amount of fees

collected under this chapter as compensation for the fees:

(1) of a private attorney shall be paid to the private attorney

who may enforce the order for fees in the attorney's own name;

(2) of a prosecuting attorney shall be paid to the credit of the

county fund from which the salaries of the employees of the

prosecuting attorney are paid or supplemented; and

(3) of an attorney employed by the Department of Protective and

Regulatory Services shall be deposited in the general revenue

fund to the credit of the Department of Protective and Regulatory

Services.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Sec. 81.007. PROSECUTING ATTORNEY. (a) The county attorney or

the criminal district attorney is the prosecuting attorney

responsible for filing applications under this subtitle unless

the district attorney assumes the responsibility by giving notice

of that assumption to the county attorney.

(b) The prosecuting attorney responsible for filing an

application under this subtitle shall provide notice of that

responsibility to all law enforcement agencies in the

jurisdiction of the prosecuting attorney.

(c) The prosecuting attorney shall comply with Article 5.06,

Code of Criminal Procedure, in filing an application under this

subtitle.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Sec. 81.0075. REPRESENTATION BY PROSECUTING ATTORNEY IN CERTAIN

SUBSEQUENT ACTIONS. A prosecuting attorney who represents a

party in a proceeding under this subtitle is not precluded from

representing the Department of Protective and Regulatory Services

in a subsequent action involving the party.

Added by Acts 1997, 75th Leg., ch. 1193, Sec. 7, eff. Sept. 1,

1997.

Sec. 81.008. RELIEF CUMULATIVE. Except as provided by this

subtitle, the relief and remedies provided by this subtitle are

cumulative of other relief and remedies provided by law.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Sec. 81.009. APPEAL. (a) Except as provided by Subsections (b)

and (c), a protective order rendered under this subtitle may be

appealed.

(b) A protective order rendered against a party in a suit for

dissolution of a marriage may not be appealed until the time the

final decree of dissolution of the marriage becomes a final,

appealable order.

(c) A protective order rendered against a party in a suit

affecting the parent-child relationship may not be appealed until

the time an order providing for support of the child or

possession of or access to the child becomes a final, appealable

order.

Added by Acts 2005, 79th Leg., Ch.

916, Sec. 2, eff. June 18, 2005.


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