Tex. Fam. Code § 82.001

TEXAS FAMILY CODE Chapter 82, Subchapter A — APPLICATION FOR PROTECTIVE ORDER CHAPTER 82 • APPLYING FOR PROTECTIVE ORDER Subchapter A: APPLICATION FOR PROTECTIVE ORDER FAMILY CODE > TITLE 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE > SUBTITLE B. PROTECTIVE ORDERS > CHAPTER 82. APPLYING FOR PROTECTIVE ORDER Sec. 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, Sec. 1, eff. May 5, 1997. Sec. 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. Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 872 (S.B. 116), Sec. 3 (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: (1) an adult member of the dating relationship; or (2) an adult member of the marriage, if the victim is or was married as described by Section 71.0021(a)(1)(B). Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 632 (S.B. 819), Sec. 2 (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 a member of the dating relationship, regardless of whether the member is an adult or a child. (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 Family . (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 Family and Protective 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, Sec. 1, eff. May 5, 1997. Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 8, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 91, Sec. 3, eff. Sept. 1, 2001. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 110 (H.B. 841), Sec. 7, eff. May 21, 2011. Acts 2011, 82nd Leg., R.S., Ch. 632 (S.B. 819), Sec. 2, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 872 (S.B. 116), Sec. 3, eff. June 17, 2011. Sec. 82.003. VENUE. An application may be filed in: (1) the county in which the applicant resides; (2) the county in which the respondent resides; or (3) any county in which the family violence is alleged to have occurred. Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 392 (S.B. 129), Sec. 1, eff. June 14, 2013. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 82, Subchapter A — APPLICATION FOR PROTECTIVE ORDER Sec. 82.004. FORM AND CONTENT OF APPLICATION. (a) A person filing an application under this chapter shall use the protective order application form created by the Office of Court Administration of the Texas Judicial System under Section 72.039, Government Code, that is available on the office's Internet website, and shall include in the application: (1) the name of each applicant; (2) the county of residence of each applicant, unless the applicant requests confidentiality pursuant to Section 82.011 or 85 , and shall include in the application: (1) the name of each applicant; (2) the county of residence of each applicant, unless the applicant requests confidentiality pursuant to Section 82.011 or 85.007; (3) the name and county of residence of each individual alleged to have committed family violence; (4) the relationships between the applicants and the individual alleged to have committed family violence; (5) a request for one or more protective orders; (6) whether an applicant is receiving services from the Title IV-D agency in connection with a child support case and, if known, the agency case number for each open case; and (7) any additional information known by the applicant that may assist in finding the respondent for the purposes of services. (b) An applicant may submit an affidavit of confidentiality to the court pursuant to Section 72.039, Government Code, or Section 82.011 or 85.007, Family Code, to omit confidential information from the application and any subsequent protective order. An affidavit of confidentiality is only for the court's use and shall not be transmitted to the respondent. (c) A party's failure to use the standardized protective order form as required under Subsection (a) does not affect the validity or enforceability of the application or any subsequent protective order issued. Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by Acts 2001, 77th Leg., ch. 296, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 742 (S.B. 355), Sec. 3, eff. September 1, 2013. Acts 2023, 88th Leg., R.S., Ch. 1037 (S.B. 48), Sec. 5, eff. June 18, 2023. Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16), Sec. 10.07, eff. December 4, 2025. Sec. 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 m 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, Sec. 1, eff. May 5, 1997. Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 9, eff. Sept. 1, 1997. Sec. 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, Sec. 1, eff. May 5, 1997. Sec. 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 Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 82, Subchapter A — APPLICATION FOR PROTECTIVE ORDER (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, Sec. 1, eff. May 5, 1997. Sec. 82.008. APPLICATION FILED AFTER EXPIRATION OF FORMER PROTECTIVE ORDER. (a) An appli rt before the hearing on the application. Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Sec. 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, Sec. 1, eff. May 5, 1997. Amended by Acts 1999, 76th Leg., ch. 1160, Sec. 1, eff. Sept. 1, 1999. Sec. 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 pro ed, 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, Sec. 2, eff. Sept. 1, 1999. Sec. 82.009. APPLICATION FOR TEMPORARY EX PARTE ORDER. (a) 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. (b) For purposes of this section, a statement signed under oath by a child is valid if the statement otherwise complies with this chapter. Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 632 (S.B. 819), Sec. 3, eff. September 1, 2011. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 82, Subchapter A — APPLICATION FOR PROTECTIVE ORDER Sec. 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 ly 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, Sec. 2, eff. Sept. 1, 2003. Sec. 82.011. CONFIDENTIALITY OF CERTAIN INFORMATION. On request by an applicant, the court shall protect the applicant's mailing address and county of residence by rendering an order: (1) requiring the applicant to: (A) disclose the applicant's mailing address and county of residence to the court; (B) designate a person to receive on behalf of the applicant any notice or documents filed with the court related to the application; and (C) disclose the designated person's mailing address to the court; (2) requiring the court clerk to: (A) strike the applicant's mailing address and county of residence from the public records of the court, if applicable; and (B) maintain a confidential record of the applicant's mailing address and county of residence for use only by the court; and (3) prohibiting the release of the information to the respondent. Added by Acts 2017, 85th Leg., R.S., Ch. 422 (S.B. 1242), Sec. 1, eff. September 1, 2017. Amended by: Acts 2023, 88th Leg., R.S., Ch. 146 (S.B. 578), Sec. 1, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., C 2017, 85th Leg., R.S., Ch. 422 (S.B. 1242), Sec. 1, eff. September 1, 2017. Amended by: Acts 2023, 88th Leg., R.S., Ch. 146 (S.B. 578), Sec. 1, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 377 (H.B. 793), Sec. 1, eff. September 1, 2025. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4