FAMILY CODE
CHAPTER 84. HEARING
§ 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, § 1, eff. May 5, 1997.
§ 84.002. EXTENDED TIME FOR HEARING IN DISTRICT COURT IN
CERTAIN COUNTIES. (a) On the request of the prosecuting attorney
in a county with a population of more than 1.5 million or in a county
in a judicial district that is composed of more than one county, the
district court shall set the hearing on a date and time not later
than 20 days after the date the application is filed or 20 days
after the date a request is made to reschedule a hearing under
Section 84.003.
(b) The district court shall grant the request of the
prosecuting attorney for an extended time in which to hold a hearing
on a protective order either on a case-by-case basis or for all
cases filed under this subtitle.
Added by Acts 1997, 75th Leg., ch. 34, § 1, eff. May 5, 1997.
Amended by Acts 1997, 75th Leg., ch. 1193, § 12, eff. Sept. 1,
1997.
§ 84.003. HEARING RESCHEDULED FOR FAILURE OF
SERVICE. (a) If a hearing set under this chapter is not held
because of the failure of a respondent to receive service of notice
of an application for a protective order, the applicant may request
the court to reschedule the hearing.
(b) Except as provided by Section 84.002, the date for a
rescheduled hearing shall be not later than 14 days after the date
the request is made.
Added by Acts 1997, 75th Leg., ch. 34, § 1, eff. May 5, 1997.
§ 84.004. HEARING RESCHEDULED FOR INSUFFICIENT
NOTICE. (a) If a respondent receives service of notice of an
application for a protective order within 48 hours before the time
set for the hearing, on request by the respondent, the court shall
reschedule the hearing for a date not later than 14 days after the
date set for the hearing.
(b) The respondent is not entitled to additional service for
a hearing rescheduled under this section.
Added by Acts 1997, 75th Leg., ch. 34, § 1, eff. May 5, 1997.
§ 84.005. LEGISLATIVE CONTINUANCE. If a proceeding for
which a legislative continuance is sought under Section 30.003,
Civil Practice and Remedies Code, includes an application for a
protective order, the continuance is discretionary with the court.
Added by Acts 1999, 76th Leg., ch. 62, § 6.10(a), eff. Sept. 1,
1999.