Tex. Fam. Code § 85.001-85.009

TEXAS FAMILY CODE Chapter 85, Subchapter A — FINDINGS AND ORDERS CHAPTER 85 • ISSUANCE OF PROTECTIVE ORDER Subchapter A: FINDINGS AND ORDERS FAMILY CODE > TITLE 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE > SUBTITLE B. PROTECTIVE ORDERS > CHAPTER 85. ISSUANCE OF PROTECTIVE ORDER Sec. 85.001. REQUIRED FINDINGS AND ORDERS. (a) At the close of a hearing on an application for a protective order, the court shall find whether family violence has occurred. (b) If the court finds that family violence has occurred, the court: (1) shall render a protective order as provided by Section 85.022 applying only to a person found to have committed family violence; and (2) may render a protective order as provided by Section 85.021 applying to both parties that is in the best interest of the person protected by the order or member of the family or household of the person protected by the order. (c) A protective order that requires the first applicant to do or refrain from doing an act under Section 85.022 shall include a finding that the first applicant has committed family violence. (d) If the court renders a protective order for a period of more than two years under Section 85.025(a-1), the court must include in the order a finding described by that subsection. Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by Acts 2001, 77th Leg., ch. 91, Sec. 6, eff. Sept. 1, 2001. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 627 (S.B. 789), Sec. 1, eff. September 1, 2011. Acts 2023, 88th Leg., R.S., Ch. 688 (H.B. 1432), Sec. 3, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 797 (S.B. 1120), Sec. 7, eff. September 1, 2025. Sec. 85.002. EXCEPTION FOR VIOLATION OF EXPIRED PROTECTIVE ORDER. If the court finds that a respondent violated a 25, 89th Leg., R.S., Ch. 797 (S.B. 1120), Sec. 7, eff. September 1, 2025. Sec. 85.002. EXCEPTION FOR VIOLATION OF EXPIRED PROTECTIVE ORDER. If the court finds that a respondent violated a protective order by committing an act prohibited by the order as provided by Section 85.022, that the order was in effect at the time of the violation, and that the order has expired after the date that the violation occurred, the court, without the necessity of making the finding described by Section 85.001(a), shall render a protective order as provided by Section 85.022 applying only to the respondent and may render a protective order as provided by Section 85.021. Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 13, eff. Sept. 1, 1997. Amended by: Acts 2023, 88th Leg., R.S., Ch. 688 (H.B. 1432), Sec. 4, eff. September 1, 2023. Sec. 85.003. SEPARATE PROTECTIVE ORDERS REQUIRED. (a) A court that renders separate protective orders that apply to both parties and require both parties to do or refrain from doing acts under Section 85.022 shall render two distinct and separate protective orders in two separate documents that reflect the appropriate conditions for each party. (b) A court that renders protective orders that apply to both parties and require both parties to do or refrain from doing acts under Section 85.022 shall render the protective orders in two separate documents. The court shall provide one of the documents to the applicant and the other document to the respondent. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 85, Subchapter A — FINDINGS AND ORDERS (c) A court may not render one protective order under Section 85.022 that applies to both parties. Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Sec. 85.004. PROTECTIVE RDERS (c) A court may not render one protective order under Section 85.022 that applies to both parties. Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Sec. 85.004. PROTECTIVE ORDER IN SUIT FOR DISSOLUTION OF MARRIAGE. A protective order in a suit for dissolution of a marriage must be in a separate document entitled "PROTECTIVE ORDER." Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Sec. 85.005. AGREED ORDER. (a) To facilitate settlement, the parties to a proceeding may agree in writing to a protective order as provided by Sections 85.021 and 85.022. An agreement under this subsection is subject to the approval of the court. The court may not approve an agreement that requires the applicant for the protective order to do or refrain from doing an act under Section 85.022. (b) An agreed protective order is enforceable civilly or criminally, regardless of whether the court makes the findings required by Section 85.001. (c) If the court approves an agreement between the parties, the court shall render an agreed protective order that is in the best interest of the applicant, the family or household, or a member of the family or household. (d) An agreed protective order is not enforceable as a contract. (e) An agreed protective order expires on the date the court order expires. Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by: Acts 2005, 79th Leg., Ch. 541 (H.B. 1059), Sec. 1, eff. June 17, 2005. Acts 2021, 87th Leg., R.S., Ch. 787 (H.B. 39), Sec. 1, eff. September 1, 2021. Sec. 85.006. DEFAULT ORDER. (a) Notwithstanding Rule 107, Texas Rules of Civil Procedure, a court may render a protective order that is binding on a respondent who does not attend a hearing if: (1) the respondent received service of the application and notice of the hearing; and (2) proof of service was filed with the court before the hearing. (b) If the court reschedules the hearing under Chapter 84, a prot received service of the application and notice of the hearing; and (2) proof of service was filed with the court before the hearing. (b) If the court reschedules the hearing under Chapter 84, a protective order may be rendered if the respondent does not attend the rescheduled hearing. Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by: Acts 2021, 87th Leg., R.S., Ch. 787 (H.B. 39), Sec. 2, eff. September 1, 2021. Sec. 85.007. CONFIDENTIALITY OF CERTAIN INFORMATION. (a) On request by a person protected by an order or an adult member of the family or household of a person protected by an order, the court shall exclude from a protective order: (1) the address, county of residence, and telephone number of a person protected by the order; or (2) the address and telephone number of: (A) the place of employment or business of a person protected by the order; or (B) the child-care facility or school a child protected by the order attends or in which the child resides. (a-1) In a hearing on an application for a protective order, the court shall inform each person described by Subsection (a) who is present at the hearing of the person's right, on request, to have information described by that subsection excluded from the protective order and specifically ask the person if the person wishes the court to exclude that information from the protective order. (b) On granting a request for confidentiality under this section, the court shall order the clerk to: (1) strike the information described by Subsection (a) from the public records of the court; and Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 85, Subchapter A — FINDINGS AND ORDERS (2) maintain a confidential record of the information for use only by: (A) the court; or (B) a law enforcement agency for purposes of entering the information required by Section 411.042(b)(6), Government Code, into the sta l record of the information for use only by: (A) the court; or (B) a law enforcement agency for purposes of entering the information required by Section 411.042(b)(6), Government Code, into the statewide law enforcement information system maintained by the Department of Public Safety. Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by Acts 2001, 77th Leg., ch. 91, Sec. 7, eff. Sept. 1, 2001. Amended by: Acts 2017, 85th Leg., R.S., Ch. 422 (S.B. 1242), Sec. 3, eff. September 1, 2017. Acts 2023, 88th Leg., R.S., Ch. 146 (S.B. 578), Sec. 2, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 377 (H.B. 793), Sec. 2, eff. September 1, 2025. Sec. 85.009. ORDER VALID UNTIL SUPERSEDED. A protective order rendered under this chapter is valid and enforceable pending further action by the court that rendered the order until the order is properly superseded by another court with jurisdiction over the order. Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3