Fam. (d) If the respondent is not present at the hearing and the order has been reduced to writing at the conclusion of the hearing, the clerk of the court shall immediately provide a certified copy of the order to the applicant and mail a copy of the order to the respondent not later than the third business day after the date the hearing is concluded. (b) Each protective order issued under this subchapter, except for a temporary ex parte order, must contain the following prominently displayed statement in boldfaced type, in capital letters, or underlined: "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. Sept. 1, 1999; Acts 2001, 77th Leg., ch. September 1, 2011. 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 … 85.003. 7B.102. REQUIREMENTS OF ORDER APPLYING TO PERSON WHO COMMITTED FAMILY VIOLENCE. A Texas Protective Order begins with an application. Amended by Acts 1999, 76th Leg., ch. AN ACT THAT RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE. (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. 737), Sec. 1193, Sec. SUBTITLE B. 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 … A court shall. TITLE 4. (a) If a final order has been rendered in a suit for dissolution of marriage or suit affecting the parent-child relationship, an application for a protective order by a party to the suit against another party to the suit filed after the date the final order was rendered, and that is: (1) filed in the county in which the final order was rendered, shall be filed in the court that rendered the final order; and. 1, eff. 85.001. Acts 2011, 82nd Leg., R.S., Ch. (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. 7B.005. A protective order in a suit for dissolution of a marriage must be in a separate document entitled "PROTECTIVE ORDER.". (b) The request under Subsection (a) is made by filing an application for a protective order in the same manner as an application for a protective order under Title 4, Family Code. 3, eff. Acts 2017, 85th Leg., R.S., Ch. 13, eff. Furthermore, in a protective order, the court may prohibit the person found to have committed family violence from harming, threatening, or … (C) if the court finds good cause, in any manner with a person protected by an order or a member of the family or household of a person protected by an order, except through the party's attorney or a person appointed by the court; (3) going to or near the residence or place of employment or business of a person protected by an order or a member of the family or household of a person protected by an order; (4) going to or near the residence, child-care facility, or school a child protected under the order normally attends or in which the child normally resides; (5) engaging in conduct directed specifically toward a person who is a person protected by an order or a member of the family or household of a person protected by an order, including following the person, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass the person; (6) possessing a firearm, unless the person is a peace officer, as defined by Section 1.07, Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision; and. Added by Acts 1997, 75th Leg., ch. (a) On request by a person protected by an order or member of the family or household of a person protected by an order, the court may exclude from a protective order the address and telephone number of: (1) a person protected by the order, in which case the order shall state the county in which the person resides; (2) the place of employment or business of a person protected by the order; or. Title 1, The Marriage Relationship; Subtitle C, Dissolution of Marriage; Chapter 6, Suit for Dissolution of Marriage; Section 6.405, Protective Order and Related Orders. (3) the Title IV-D agency, if the application for the protective order indicates that the applicant is receiving services from the Title IV-D agency. 422 (S.B. 85.042. (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). Acts 2013, 83rd Leg., R.S., Ch. (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. Art. 789), Sec. (2) if a period is not stated in the order, until the second anniversary of the date the order was issued. 1, eff. Learn more in our latest blog post. (d) In a protective order, the court shall suspend a license to carry a handgun issued under Subchapter H, Chapter 411, Government Code, that is held by a person found to have committed family violence. (a) In a protective order, the court may order the person found to have committed family violence to perform acts specified by the court that the court determines are necessary or appropriate to prevent or reduce the likelihood of family violence and may order that person to: (1) complete a battering intervention and prevention program accredited under Article 42.141, Code of Criminal Procedure; (2) beginning on September 1, 2008, if the referral option under Subdivision (1) is not available, complete a program or counsel with a provider that has begun the accreditation process described by Subsection (a-1); or. Sept. 1, 2001. 113 (S.B. Acts 2011, 82nd Leg., R.S., Ch. (B) engage in that conduct described by Paragraph (A) because of bias or prejudice. 1160, Sec. WARNING ON PROTECTIVE ORDER. Sept. 1, 2001. May 5, 1997. June 9, 2015. Protective Order attorneys in the Tarrant County Criminal District Attorney’s Office represent victims of family violence, dating violence, stalking and sexual assault who seek protective orders. September 1, 2011. 1242), Sec. 34, Sec. 1, eff. 555), Sec. ENFORCEMENT OF COUNSELING REQUIREMENT. (c) Each protective order issued under this subtitle, including a temporary ex parte order, must contain the following prominently displayed statement in boldfaced type, capital letters, or underlined: "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. (b) A protective order rendered by a court in which an application is filed under Subsection (a)(2) is subject to transfer under Section 85.064. 7B.053. 7B.103. (a-1) This subsection applies only if the respondent, at the time of issuance of an original or modified protective order under this subtitle, is a member of the state military forces or is serving in the armed forces of the United States in an active-duty status and the applicant or the applicant's attorney provides to the clerk of the court the mailing address of the staff judge advocate or provost marshal, as applicable. 1193, Sec. Sept. 1, 1997. 2624), Sec. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Added by Acts 1997, 75th Leg., ch. 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 … September 1, 2013. The procedure for the enforcement of a protective order under Title 4, Family Code, applies to the fullest extent practicable to the enforcement of a protective order under this subchapter, including provisions relating to findings, contents, duration, warning, delivery, law enforcement duties, and modification, except that: (1) the printed statement on the warning must refer to the prosecution of subsequent offenses committed because of bias or prejudice; (2) the court shall require a constable to serve a protective order issued under this subchapter; and. Aug. 30, 1999; Acts 1999, 76th Leg., ch. APPLICATION FOR PROTECTIVE ORDER. Your options to remove a restraining order depend on whether you are the person who asked for the order or the person against whom an order was entered. September 1, 2011. (e) The clerk of the court issuing an original or modified protective order under Section 85.022 that suspends a license to carry a handgun shall send a copy of the order to the appropriate division of the Department of Public Safety at its Austin headquarters. This subsection does not apply to an order in which Section 85.007 applies. January 1, 2016. ", "IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION.