FAMILY CODE
CHAPTER 82. APPLYING FOR PROTECTIVE ORDER
SUBCHAPTER A. APPLICATION FOR PROTECTIVE ORDER
§ 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, § 1, eff. May 5, 1997.
§ 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.
(c) Any adult may apply for a protective order to protect a
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, § 1, eff. May 5, 1997.
Amended by Acts 1997, 75th Leg., ch. 1193, § 8, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 91, § 3, eff. Sept. 1, 2001.
§ 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, § 1, eff. May 5, 1997.
§ 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, § 1, eff. May 5, 1997.
Amended by Acts 2001, 77th Leg., ch. 296, § 1, eff. Sept. 1,
2001.
§ 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, § 1, eff. May 5, 1997.
Amended by Acts 1997, 75th Leg., ch. 1193, § 9, eff. Sept. 1,
1997.
§ 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, § 1, eff. May 5, 1997.
§ 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, § 1, eff. May 5, 1997.
§ 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, § 1, eff. May 5, 1997.
Amended by Acts 1999, 76th Leg., ch. 1160, § 1, eff. Sept. 1,
1999.
§ 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, § 2, eff. Sept. 1, 1999.
§ 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, § 1, eff. May 5, 1997.
§ 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.
(c) Except as otherwise provided by law, an application
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, § 2, eff. Sept. 1, 2003.
SUBCHAPTER B. PLEADINGS BY RESPONDENT
§ 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, § 1, eff. May 5, 1997.
§ 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, § 1, eff. May 5, 1997.
SUBCHAPTER C. NOTICE OF APPLICATION FOR PROTECTIVE ORDER
§ 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, § 1, eff. May 5, 1997.
Amended by Acts 1997, 75th Leg., ch. 1193, § 10, eff. Sept. 1,
1997.
§ 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, § 1, eff. May 5, 1997.
§ 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.
(c) Notice of an application for a protective order must be
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, § 1, eff. May 5, 1997.
