FAMILY CODE
SUBTITLE B. PROTECTIVE ORDERS
CHAPTER 81. GENERAL PROVISIONS
§ 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, § 1, eff. May 5, 1997.
§ 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, § 1, eff. May 5, 1997.
Amended by Acts 1997, 75th Leg., ch. 1193, § 3, eff. Sept. 1,
1997.
§ 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, § 1, eff. May 5, 1997.
Amended by Acts 1997, 75th Leg., ch. 1193, § 4, eff. Sept. 1,
1997.
§ 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, § 1, eff. May 5, 1997.
Amended by Acts 1997, 75th Leg., ch. 1193, § 5, eff. Sept. 1,
1997.
§ 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, § 1, eff. May 5, 1997.
Amended by Acts 1997, 75th Leg., ch. 1193, § 6, eff. Sept. 1,
1997.
§ 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, § 1, eff. May 5, 1997.
§ 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, § 1, eff. May 5, 1997.
§ 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, § 7, eff. Sept. 1, 1997.
§ 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, § 1, eff. May 5, 1997.
