26.2.2. Define family violence terms related to Title 4 of the Family Code; Protective Orders and Family Violence
Sec.71.001.APPLICABILITY OF DEFINITIONS. (a) Definitions in this chapter apply to this title.
(b)If, in another part of this title, a term defined by this chapter has a meaning different from the meaning provided by this chapter, the meaning of that other provision prevails.
(c)Except as provided by this chapter, the definitions in Chapter 101 apply to terms used in this title.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Sec.71.002.COURT. "Court" means the district court, court of domestic relations, juvenile court having the jurisdiction of a district court, statutory county court, constitutional county court, or other court expressly given jurisdiction under this title.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by Acts 1997, 75th Leg., ch. 1220, Sec. 1, eff. Sept. 1, 1997.
Sec.71.0021.DATING VIOLENCE. (a)"Dating violence" means an act, other than a defensive measure to protect oneself, by an actor that:
(1)is committed against a victim:
(A)with whom the actor has or has had a dating relationship; or
(B)because of the victim's marriage to or dating relationship with an individual with whom the actor is or has been in a dating relationship or marriage; and
(2)is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the victim in fear of imminent physical harm, bodily injury, assault, or sexual assault.
(b)For purposes of this title, "dating relationship" means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of:
(1)the length of the relationship;
(2)the nature of the relationship; and
(3)the frequency and type of interaction between the persons involved in the relationship.
(c)A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a "dating relationship" under Subsection (b).
Added by Acts 2001, 77th Leg., ch. 91, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 872, Sec. 2, eff. June 17, 2011.
Sec.71.003.FAMILY. "Family" includes individuals related by consanguinity or affinity, as determined under Sections 573.022 and 573.024, Government Code, individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by Acts 2001, 77th Leg., ch. 821, Sec. 2.03, eff. June 14, 2001.
Sec.71.004.FAMILY VIOLENCE. "Family violence" means:
(1)an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;
(2)abuse, as that term is defined by Sections 261.001(1)(C), (E), and (G), by a member of a family or household toward a child of the family or household; or
(3)dating violence, as that term is defined by Section 71.0021.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by Acts 2001, 77th Leg., ch. 91, Sec. 2, eff. Sept. 1, 2001.
Sec.71.005.HOUSEHOLD. "Household" means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Sec.71.006.MEMBER OF A HOUSEHOLD. "Member of a household" includes a person who previously lived in a household.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
26.2.3. Explain the application procedure for a protective order.
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.
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.118.131.FEES SET BY COMMISSIONERS COURT. (a) The commissioners court of a county may set reasonable fees to be charged for services by the offices of the sheriff and constables.
(b)The commissioners court may not set fees higher than is necessary to pay the expenses of providing the services.
(c)The commissioners court may not set fees under this section more than once during any one-year period.
(d)The commissioners court must set the fees before October 1 of each year to be effective January 1 of the following year.
(e)A notice setting out the fees shall be posted in the same manner in which notices are posted under Section 81.007 and shall be posted in the offices of the county officials who are authorized to charge the fees.
(f)On or before October 15 of the year in which the fees are initially set, the commissioners court shall provide written notice of the amounts of the fees to the comptroller. If the commissioners court changes the amount of a fee set under this section, the commissioners court shall provide to the comptroller, on or before October 15 of the year in which the amount is changed, a written notice of the change in the amount of the fee. Before December 15 of each year, the comptroller shall compile the fee information provided by counties and send the compilation to:
(1)the commissioners court of each county in this state;
(2)any statewide association of counties or of officers of counties that requests in writing before December 15 to be informed; and
(3)the State Bar of Texas.
(g)A commissioners court that receives a notice under Subsection (f)(1) shall furnish the notice to its district clerk, county clerk, justices of the peace, sheriff, and constables.
(h)If the commissioners court does not set fees under this section, the fees for services by the offices of the sheriff and constables are those fees provided by law in effect on August 31, 1981.
(i)The commissioners court may not assess an applicant a fee in connection with the filing, serving, or entering of a protective order. A fee may not be charged to an applicant to dismiss, modify, or withdraw a protective order.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 21(a), eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 326, Sec. 1, eff. May 29, 1993; Acts 1995, 74th Leg., ch. 144, Sec. 1, eff. Aug. 28, 1995; Acts 1995, 74th Leg., ch. 1024, Sec. 19, eff. Sept. 1, 1995.
26.2.4. Describe the protective order court hearing process.
Sec.84.001.TIME SET FOR HEARING. (a) On the filing of an application for a protective order, the court shall set a date and time for the hearing unless a later date is requested by the applicant. Except as provided by Section 84.002, the court may not set a date later than the 14th day after the date the application is filed.
(b)The court may not delay a hearing on an application in order to consolidate it with a hearing on a subsequently filed application.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Sec.85.001.REQUIRED FINDINGS AND ORDERS. (a) At the close of a hearing on an application for a protective order, the court shall find whether:
(1)family violence has occurred; and
(2)family violence is likely to occur in the future.
(b)If the court finds that family violence has occurred and that family violence is likely to occur in the future, the court:
(1)shall render a protective order as provided by Section 85.022 applying only to a person found to have committed family violence; and
(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.
(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.
(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).
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by Acts 2001, 77th Leg., ch. 91, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 627, Sec. 1, eff. September 1, 2011.
Sec.85.002.EXCEPTION FOR VIOLATION OF EXPIRED PROTECTIVE ORDER. 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.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 13, eff. Sept. 1, 1997.
26.2.5.Discuss the meaning of a protective order and the consequences of violating it.
Sec. 85.021.REQUIREMENTS OF ORDER APPLYING TO ANY PARTY.In a protective order, the court may:
(1)prohibit a party from:
(A)removing a child who is a member of the family or household from:
(i)the possession of a person named in the order; or
(ii)the jurisdiction of the court;
(B)transferring, encumbering, or otherwise disposing of property, other than in the ordinary course of business, that is mutually owned or leased by the parties; or
(C)removing a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code, from the possession of a person named in the order;
(2)grant exclusive possession of a residence to a party and, if appropriate, direct one or more parties to vacate the residence if the residence:
(A)is jointly owned or leased by the party receiving exclusive possession and a party being denied possession;
(B)is owned or leased by the party retaining possession; or
(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
(5)award to a party the use and possession of specified property that is community property or jointly owned or leased property.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 136, Sec. 1, eff. September 1, 2011.
Sec.85.022.REQUIREMENTS OF ORDER APPLYING TO PERSON WHO 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
(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.
(a-1)Beginning on September 1, 2009, a program or provider serving as a referral option for the courts under Subsection (a)(1) or (2) must be accredited under Section 4A, Article 42.141, Code of Criminal Procedure, as conforming to program guidelines under that article.
(b)In a protective order, the court may prohibit the person found to have committed family violence from:
(1)committing family violence;
(2)communicating:
(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 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
(7)harming, threatening, or interfering with the care, custody, or control of a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code, that is possessed by a person protected by an order or by a member of the family or household of a person protected by an order.
(c)In an order under Subsection (b)(3) or (4), the court shall specifically describe each prohibited location and the minimum distances from the location, if any, that the party must maintain. This subsection does not apply to an order in which Section 85.007 applies.
(d)In a protective order, the court shall suspend a license to carry a concealed handgun issued under Subchapter H, Chapter 411, Government Code, that is held by a person found to have committed family violence.
(e)In this section, "firearm" has the meaning assigned by Section 46.01, Penal Code.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 14, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1412, Sec. 3, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 91, Sec. 8, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 23, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 113, Sec. 4, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.21, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 136, Sec. 2, eff. September 1, 2011.
Sec.86.001.ADOPTION OF PROCEDURES BY LAW ENFORCEMENT AGENCY. (a) To ensure that law enforcement officers responding to calls are aware of the existence and terms of protective orders issued under this subtitle, each law enforcement agency shall establish procedures in the agency to provide adequate information or access to information for law enforcement officers of the names of each person protected by an order issued under this subtitle and of each person against whom protective orders are directed.
(b)A law enforcement agency may enter a protective order in the agency's computer records of outstanding warrants as notice that the order has been issued and is currently in effect. On receipt of notification by a clerk of court that the court has vacated or dismissed an order, the law enforcement agency shall remove the order from the agency's computer record of outstanding warrants.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Sec. 85.021.REQUIREMENTS OF ORDER APPLYING TO ANY PARTY.In a protective order, the court may:
(1)prohibit a party from:
(A)removing a child who is a member of the family or household from:
(i)the possession of a person named in the order; or
(ii)the jurisdiction of the court;
(B)transferring, encumbering, or otherwise disposing of property, other than in the ordinary course of business, that is mutually owned or leased by the parties; or
(C)removing a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code, from the possession of a person named in the order;
(2)grant exclusive possession of a residence to a party and, if appropriate, direct one or more parties to vacate the residence if the residence:
(A)is jointly owned or leased by the party receiving exclusive possession and a party being denied possession;
(B)is owned or leased by the party retaining possession; or
(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
(5)award to a party the use and possession of specified property that is community property or jointly owned or leased property.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 136, Sec. 1, eff. September 1, 2011.
Sec.86.0011.DUTY TO ENTER INFORMATION INTO STATEWIDE LAW ENFORCEMENT INFORMATION SYSTEM. On receipt of an original or modified protective order from the clerk of the issuing court, a law enforcement agency shall immediately, but not later than the 10th day after the date the order is received, enter the information required by Section 411.042(b)(6), Government Code, into the statewide law enforcement information system maintained by the Department of Public Safety.