Protective Orders

Family violence under the Family Code is an act by a member of a family or household against another member intended to result in physical harm, bodily injury, assault or sexual assault, or a threat that reasonably places the member in fear of it, not counting defensive measures to protect oneself. It also includes the abuse of a child the code describes, and dating violence.

• §Fam. Code 71.004

• An adult member of the family or household, for themselves or another member.
• A member of the dating relationship, for dating violence.
• Any adult, to protect a child from family violence.
• A prosecuting attorney, or the Department of Family and Protective Services.

• §Fam. Code 82.002

At the close of the hearing the court finds whether family violence has occurred, and if it has, renders a protective order against the person found to have committed it. The order is effective for the period it states, up to two years, or until the second anniversary if no period is stated; the court may set longer where it finds a felony act of family violence, serious bodily injury, or two or more earlier protective orders after findings of family violence.

• §Fam. Code 85.001
• §Fam. Code 85.025

The person subject to an order may ask the court to review whether there is a continuing need for it, no earlier than the first anniversary of the order. The two versions of one subsection on dating violence applications, from separate 2011 acts, differ on whether the applicant has to be an adult.

• §Fam. Code 85.025
• §Fam. Code 82.002