Full Statute Name:  Vernon's Texas Statutes and Codes Annotated. Family Code. Title 4. Protective Orders and Family Violence. Subtitle B. Protective Orders. Chapter 85. Issuance of Protective Order. Subchapter B. Contents of Protective Order. § 85.021 - .022

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Primary Citation:  V.T.C.A., Family Code § 85.021 -.022 Country of Origin:  United States Last Checked:  January, 2015 Alternate Citation:  TX FAMILY § 85.021 - 022 Date Adopted:  1997
Summary:

In a protective order in Texas, the court may prohibit a party from removing a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code, from the possession of a person named in the order. Furthermore, in a protective order, the court may prohibit the person found to have committed family violence from harming, threatening, or interfering with the care, custody, or control of a pet, companion animal, or assistance animal that is possessed by or is in the actual or constructive care of a person protected by an order or by a member of the family or household of a person protected by an order.

Statute Text: 

§ 85.021. Requirements of Order Applying to Any Party

In a protective order, the court may:

(1) prohibit a party from:

(A) removing a child who is a member of the family or household from:

(i) the possession of a person named in the order; or

(ii) the jurisdiction of the court;

(B) transferring, encumbering, or otherwise disposing of property, other than in the ordinary course of business, that is mutually owned or leased by the parties; or

(C) removing a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code, from the possession or actual or constructive care of a person named in the order;

(2) grant exclusive possession of a residence to a party and, if appropriate, direct one or more parties to vacate the residence if the residence:

(A) is jointly owned or leased by the party receiving exclusive possession and a party being denied possession;

(B) is owned or leased by the party retaining possession; or

(C) is owned or leased by the party being denied possession and that party has an obligation to support the party or a child of the party granted possession of the residence;

(3) provide for the possession of and access to a child of a party if the person receiving possession of or access to the child is a parent of the child;

(4) require the payment of support for a party or for a child of a party if the person required to make the payment has an obligation to support the other party or the child; or

(5) award to a party the use and possession of specified property that is community property or jointly owned or leased property.

CREDIT(S)

Added by Acts 1997, 75th Leg., ch. 34, § 1, eff. May 5, 1997. Amended by Acts 2011, 82nd Leg., ch. 136 (S.B. 279), § 1, eff. Sept. 1, 2011; Acts 2013, 83rd Leg., ch. 543 (S.B. 555), § 1, eff. Sept. 1, 2013.

 

§ 85.022. Requirements of Order Applying to Person Who Committed Family Violence

(a) In a protective order, the court may order the person found to have committed family violence to perform acts specified by the court that the court determines are necessary or appropriate to prevent or reduce the likelihood of family violence and may order that person to:

(1) complete a battering intervention and prevention program accredited under Article 42.141, Code of Criminal Procedure;

(2) beginning on September 1, 2008, if the referral option under Subdivision (1) is not available, complete a program or counsel with a provider that has begun the accreditation process described by Subsection (a-1); or

(3) if the referral option under Subdivision (1) or, beginning on September 1, 2008, the referral option under Subdivision (2) is not available, counsel with a social worker, family service agency, physician, psychologist, licensed therapist, or licensed professional counselor who has completed family violence intervention training that the community justice assistance division of the Texas Department of Criminal Justice has approved, after consultation with the licensing authorities described by Chapters 152, 501, 502, 503, and 505, Occupations Code, and experts in the field of family violence.

(a-1) Beginning on September 1, 2009, a program or provider serving as a referral option for the courts under Subsection (a)(1) or (2) must be accredited under Section 4A, Article 42.141, Code of Criminal Procedure, as conforming to program guidelines under that article.

(b) In a protective order, the court may prohibit the person found to have committed family violence from:

(1) committing family violence;

(2) communicating:

(A) directly with a person protected by an order or a member of the family or household of a person protected by an order, in a threatening or harassing manner;

(B) a threat through any person to a person protected by an order or a member of the family or household of a person protected by an order; and

(C) if the court finds good cause, in any manner with a person protected by an order or a member of the family or household of a person protected by an order, except through the party's attorney or a person appointed by the court;

(3) going to or near the residence or place of employment or business of a person protected by an order or a member of the family or household of a person protected by an order;

(4) going to or near the residence, child-care facility, or school a child protected under the order normally attends or in which the child normally resides;

(5) engaging in conduct directed specifically toward a person who is a person protected by an order or a member of the family or household of a person protected by an order, including following the person, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass the person;

(6) possessing a firearm, unless the person is a peace officer, as defined by Section 1.07, Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision; and

(7) harming, threatening, or interfering with the care, custody, or control of a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code, that is possessed by or is in the actual or constructive care of a person protected by an order or by a member of the family or household of a person protected by an order.

(c) In an order under Subsection (b)(3) or (4), the court shall specifically describe each prohibited location and the minimum distances from the location, if any, that the party must maintain. This subsection does not apply to an order in which Section 85.007 applies.

(d) In a protective order, the court shall suspend a license to carry a concealed handgun issued under Subchapter H,1 Chapter 411, Government Code, that is held by a person found to have committed family violence.

(e) In this section, “firearm” has the meaning assigned by Section 46.01, Penal Code.

Credits

Added by Acts 1997, 75th Leg., ch. 34, § 1, eff. May 5, 1997. Amended by Acts 1997, 75th Leg., ch. 1193, § 14, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1412, § 3, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 91, § 8, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 23, § 3, eff. Sept. 1, 2001; Acts 2007, 80th Leg., ch. 113, § 4, eff. Sept. 1, 2007; Acts 2009, 81st Leg., ch. 1146, § 11.21, eff. Sept. 1, 2009; Acts 2011, 82nd Leg., ch. 136 (S.B. 279), § 2, eff. Sept. 1, 2011; Acts 2013, 83rd Leg., ch. 543 (S.B. 555), § 2, eff. Sept. 1, 2013.

 

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