CHAPTER 82. APPLYING FOR PROTECTIVE ORDER

State Codes and Statutes

Statutes > Texas > Family-code > Title-4-protective-orders-and-family-violence > Chapter-82-applying-for-protective-order

FAMILY CODE

TITLE 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE

SUBTITLE B. PROTECTIVE ORDERS

CHAPTER 82. APPLYING FOR PROTECTIVE ORDER

SUBCHAPTER A. APPLICATION FOR PROTECTIVE ORDER

Sec. 82.001. APPLICATION. A proceeding under this subtitle is

begun by filing "An Application for a Protective Order" with the

clerk of the court.

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

Sec. 82.002. WHO MAY FILE APPLICATION. (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 to protect the applicant may

be filed by an adult member of the dating relationship.

child from family violence.

(d) In addition, an application may be filed for the protection

of any person alleged to be a victim of family violence by:

(1) a prosecuting attorney; or

(2) the Department of Protective and Regulatory Services.

(e) The person alleged to be the victim of family violence in an

application filed under Subsection (c) or (d) is considered to be

the applicant for a protective order under this subtitle.

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

Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 8, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 91, Sec. 3, eff. Sept. 1, 2001.

Sec. 82.003. VENUE. An application may be filed in:

(1) the county in which the applicant resides; or

(2) the county in which the respondent resides.

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

Sec. 82.004. CONTENTS OF APPLICATION. An application must

state:

(1) the name and county of residence of each applicant;

(2) the name and county of residence of each individual alleged

to have committed family violence;

(3) the relationships between the applicants and the individual

alleged to have committed family violence; and

(4) a request for one or more protective orders.

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

Amended by Acts 2001, 77th Leg., ch. 296, Sec. 1, eff. Sept. 1,

2001.

Sec. 82.005. APPLICATION FILED DURING SUIT FOR DISSOLUTION OF

MARRIAGE OR SUIT AFFECTING PARENT-CHILD RELATIONSHIP. A person

who wishes to apply for a protective order with respect to the

person's spouse and who is a party to a suit for the dissolution

of a marriage or a suit affecting the parent-child relationship

that is pending in a court must file the application as required

by Subchapter D, Chapter 85.

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

Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 9, eff. Sept. 1,

1997.

Sec. 82.006. APPLICATION FILED AFTER DISSOLUTION OF MARRIAGE.

If an applicant for a protective order is a former spouse of the

individual alleged to have committed family violence, the

application must include:

(1) a copy of the decree dissolving the marriage; or

(2) a statement that the decree is unavailable to the applicant

and that a copy of the decree will be filed with the court before

the hearing on the application.

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

Sec. 82.007. APPLICATION FILED FOR CHILD SUBJECT TO CONTINUING

JURISDICTION. An application that requests a protective order

for a child who is subject to the continuing exclusive

jurisdiction of a court under Title 5 or alleges that a child who

is subject to the continuing exclusive jurisdiction of a court

under Title 5 has committed family violence must include:

(1) a copy of each court order affecting the conservatorship,

support, and possession of or access to the child; or

(2) a statement that the orders affecting the child are

unavailable to the applicant and that a copy of the orders will

be filed with the court before the hearing on the application.

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

Sec. 82.008. APPLICATION FILED AFTER EXPIRATION OF FORMER

PROTECTIVE ORDER. (a) An application for a protective order

that is filed after a previously rendered protective order has

expired must include:

(1) a copy of the expired protective order attached to the

application or, if a copy of the expired protective order is

unavailable, a statement that the order is unavailable to the

applicant and that a copy of the order will be filed with the

court before the hearing on the application;

(2) a description of either:

(A) the violation of the expired protective order, if the

application alleges that the respondent violated the expired

protective order by committing an act prohibited by that order

before the order expired; or

(B) the threatened harm that reasonably places the applicant in

fear of imminent physical harm, bodily injury, assault, or sexual

assault; and

(3) if a violation of the expired order is alleged, a statement

that the violation of the expired order has not been grounds for

any other order protecting the applicant that has been issued or

requested under this subtitle.

(b) The procedural requirements for an original application for

a protective order apply to a protective order requested under

this section.

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

Amended by Acts 1999, 76th Leg., ch. 1160, Sec. 1, eff. Sept. 1,

1999.

Sec. 82.0085. APPLICATION FILED BEFORE EXPIRATION OF PREVIOUSLY

RENDERED PROTECTIVE ORDER. (a) If an application for a

protective order alleges that an unexpired protective order

applicable to the respondent is due to expire not later than the

30th day after the date the application was filed, the

application for the subsequent protective order must include:

(1) a copy of the previously rendered protective order attached

to the application or, if a copy of the previously rendered

protective order is unavailable, a statement that the order is

unavailable to the applicant and that a copy of the order will be

filed with the court before the hearing on the application; and

(2) a description of the threatened harm that reasonably places

the applicant in fear of imminent physical harm, bodily injury,

assault, or sexual assault.

(b) The procedural requirements for an original application for

a protective order apply to a protective order requested under

this section.

Added by Acts 1999, 76th Leg., ch. 1160, Sec. 2, eff. Sept. 1,

1999.

Sec. 82.009. APPLICATION FOR TEMPORARY EX PARTE ORDER. An

application that requests the issuance of a temporary ex parte

order under Chapter 83 must:

(1) contain a detailed description of the facts and

circumstances concerning the alleged family violence and the need

for the immediate protective order; and

(2) be signed by each applicant under an oath that the facts and

circumstances contained in the application are true to the best

knowledge and belief of each applicant.

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

Sec. 82.010. CONFIDENTIALITY OF APPLICATION. (a) This section

applies only in a county with a population of 3.4 million or

more.

(b) Except as otherwise provided by law, an application for a

protective order is confidential, is excepted from required

public disclosure under Chapter 552, Government Code, and may not

be released to a person who is not a respondent to the

application until after the date of service of notice of the

application or the date of the hearing on the application,

whichever date is sooner.

requesting the issuance of a temporary ex parte order under

Chapter 83 is confidential, is excepted from required public

disclosure under Chapter 552, Government Code, and may not be

released to a person who is not a respondent to the application

until after the date that the court or law enforcement informs

the respondent of the court's order.

Acts 2003, 78th Leg., ch. 1314, Sec. 2, eff. Sept. 1, 2003.

SUBCHAPTER B. PLEADINGS BY RESPONDENT

Sec. 82.021. ANSWER. A respondent to an application for a

protective order who is served with notice of an application for

a protective order may file an answer at any time before the

hearing. A respondent is not required to file an answer to the

application.

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

Sec. 82.022. REQUEST BY RESPONDENT FOR PROTECTIVE ORDER. To

apply for a protective order, a respondent to an application for

a protective order must file a separate application.

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

SUBCHAPTER C. NOTICE OF APPLICATION FOR PROTECTIVE ORDER

Sec. 82.041. CONTENTS OF NOTICE OF APPLICATION. (a) A notice

of an application for a protective order must:

(1) be styled "The State of Texas";

(2) be signed by the clerk of the court under the court's seal;

(3) contain the name and location of the court;

(4) show the date the application was filed;

(5) show the date notice of the application for a protective

order was issued;

(6) show the date, time, and place of the hearing;

(7) show the file number;

(8) show the name of each applicant and each person alleged to

have committed family violence;

(9) be directed to each person alleged to have committed family

violence;

(10) show the name and address of the attorney for the applicant

or the mailing address of the applicant, if the applicant is not

represented by an attorney; and

(11) contain the address of the clerk of the court.

(b) The notice of an application for a protective order must

state: "An application for a protective order has been filed in

the court stated in this notice alleging that you have committed

family violence. You may employ an attorney to defend you against

this allegation. You or your attorney may, but are not required

to, file a written answer to the application. Any answer must be

filed before the hearing on the application. If you receive this

notice within 48 hours before the time set for the hearing, you

may request the court to reschedule the hearing not later than 14

days after the date set for the hearing. If you do not attend the

hearing, a default judgment may be taken and a protective order

may be issued against you."

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

Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 10, eff. Sept. 1,

1997.

Sec. 82.042. ISSUANCE OF NOTICE OF APPLICATION. (a) On the

filing of an application, the clerk of the court shall issue a

notice of an application for a protective order and deliver the

notice as directed by the applicant.

(b) On request by the applicant, the clerk of the court shall

issue a separate or additional notice of an application for a

protective order.

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

Sec. 82.043. SERVICE OF NOTICE OF APPLICATION. (a) Each

respondent to an application for a protective order is entitled

to service of notice of an application for a protective order.

(b) An applicant for a protective order shall furnish the clerk

with a sufficient number of copies of the application for service

on each respondent.

served in the same manner as citation under the Texas Rules of

Civil Procedure, except that service by publication is not

authorized.

(d) Service of notice of an application for a protective order

is not required before the issuance of a temporary ex parte order

under Chapter 83.

(e) The requirements of service of notice under this subchapter

do not apply if the application is filed as a motion in a suit

for dissolution of a marriage. Notice for the motion is given in

the same manner as any other motion in a suit for dissolution of

a marriage.

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

State Codes and Statutes

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