Transcript Slide 1

nd
82
The
Cameth:
New Family Violence
Legislation and Practical
Implementation
Additional Changes to the Codes
A little “Do ya recognize?”
TCFV’s Legislative Agenda
The Docket
WHO ARE WE?
Full Funding
The Legislature
appropriated level funding
of $51.4 million for family
violence services over the
biennium.
Full Funding
The Legislature appropriated level funding
of $51.4 million for family violence services
over the biennium.
Full Funding
In Rider 56, the Legislature directed CJAD to
allocate $1.25 million for Battering Intervention
and Prevention Programs over the biennium.
Stalking
81%
3.4
million
76%
Women
are
atwho
nearly
30%
of stalking
victims
66%
were
stalked
are stalked
annually.
ofpeople
femicide
cases
involved
three
of victims
stalked
by
of stalkers
pursue
byaretheir
victim
at least
one
episode
times
greater
current
orarisk
former
atintimate
least
once
partners
week.
of stalking
within
a
year
of
being
stalked
intimate
partners.
reported that
they had
also been
prior
to the
murder.
than
men.
physically assaulted by that partner.
SB82
Caption: Relating to the prosecution
of the offense of stalking.
SB82
Caption: Relating to the prosecution
of the offense of stalking.
Sec. 42.072. STALKING. (a) A person
commits an offense if the person, on more
than one occasion and pursuant to the same
scheme or course of conduct that is directed
specifically at another person, knowingly
engages in conduct[, including following the
other person,] that:
SB82
Caption: Relating to the prosecution
of the offense of stalking.
(1) the actor knows or reasonably believes the other
person will regard as threatening:
(A) bodily injury or death for the other person;
(B) bodily injury or death for a member of the other
person's family or household or for an individual
with whom the other person has a dating
relationship; or
(C) that an offense will be committed against the
other person's property;
SB82
Caption: Relating to the prosecution
of the offense of stalking.
(2) causes the other person, [or] a member of the other person's
family or household, or an individual with whom the other person
has a dating relationship to be placed in fear of bodily injury or
death or fear that an offense will be committed against the other
person's property; and
(3) would cause a reasonable person to fear:
(A) bodily injury or death for himself or herself;
(B) bodily injury or death for a member of the person's family or
household or for an individual with whom the person has a dating
relationship; or
(C) that an offense will be committed against the person's
property.
SB82
Caption: Relating to the prosecution
of the offense of stalking.
(b) An offense under this section is a felony of the third
degree, except that the offense is a felony of the second
degree if the actor has previously been convicted of an
offense under this section or of an offense under any of the
following laws that contains elements that are substantially
similar to the elements of an offense under this section:
(1) the laws of another state;
(2) the laws of a federally recognized Indian tribe;
(3) the laws of a territory of the United States; or
(4) federal law.
SB82
Caption: Relating to the prosecution
of the offense of stalking.
Chapter 13, Code of Criminal Procedure,
is amended by adding Article 13.36 to read
as follows:
Art. 13.36. STALKING. The offense of
stalking may be prosecuted in any county
in which an element of the offense
occurred.
SB82
Caption: Relating to the prosecution
of the offense of stalking.
Art. 13.36. STALKING. The offense
of stalking may be prosecuted in any
county in which an element of the
offense occurred.
SB82
Caption: Relating to the prosecution
of the offense of stalking.
Art. 38.46. EVIDENCE IN PROSECUTIONS FOR STALKING.
(a) In a prosecution for stalking, each party may offer testimony as to
all relevant facts and circumstances that would aid the trier of fact in
determining whether the actor's conduct would cause a reasonable
person to experience a fear described by Section 42.072(a)(3)(A), (B),
or (C), Penal Code, including the facts and circumstances
surrounding any existing or previous relationship between the actor
and the alleged victim, a member of the alleged victim's family or
household, or an individual with whom the alleged victim has a dating
relationship.
(b) This article does not permit the presentation of character
evidence that would otherwise be inadmissible under the Texas Rules
of Evidence or other applicable law.
SB82
Caption: Relating to the prosecution
of the offense of stalking.
SB434
Caption: Relating to the relationship
between domestic violence and child abuse
and neglect.
SB434
Caption: Relating to the relationship
between domestic violence and child abuse
and neglect.
Sec. 531.952. ESTABLISHMENT OF TASK
FORCE; COMPOSITION. (a) The task force is
established to examine the relationship between
family violence and child abuse and neglect,
develop policy recommendations, if needed, to
address issues and effects resulting from that
relationship, and develop comprehensive statewide
best practices guidelines for both child protective
services and family violence shelter centers.
SB434
Caption: Relating to the relationship
between domestic violence and child abuse
and neglect.
Sec. 531.952. ESTABLISHMENT OF TASK
FORCE; COMPOSITION. (a) The task force is
established to examine the relationship between
family violence and child abuse and neglect,
develop policy recommendations, if needed, to
address issues and effects resulting from that
relationship, and develop comprehensive statewide
best practices guidelines for both child protective
services and family violence shelter centers.
SB434
Caption: Relating to the relationship
between domestic violence and child abuse
and neglect.
SB736
Caption: Relating to membership and
duties of local school health advisory
councils.
SB736
Caption: Relating to membership and
duties of local school health advisory
councils.
(d) The board of trustees shall appoint at least five members to the local school health
advisory council. A majority of the members must be persons who are parents of
students enrolled in the district and who are not employed by the district. One of those
members shall serve as chair or co-chair of the council. The board of trustees also may
appoint one or more persons from each of the following groups or a representative from
a group other than a group specified under this subsection:
(1) public school teachers;
(2) public school administrators;
(3) district students;
(4) health care professionals;
(5) the business community;
(6) law enforcement;
(7) senior citizens;
(8) the clergy; [and]
(9) nonprofit health organizations; and
(10) local domestic violence programs.
SB736
Caption: Relating to membership and
duties of local school health advisory
councils.
(d) The board of trustees shall appoint at least five members to the local school health
advisory council. A majority of the members must be persons who are parents of
students enrolled in the district and who are not employed by the district. One of those
members shall serve as chair or co-chair of the council. The board of trustees also may
appoint one or more persons from each of the following groups or a representative from
a group other than a group specified under this subsection:
(1) public school teachers;
(2) public school administrators;
(3) district students;
(4) health care professionals;
(5) the business community;
(6) law enforcement;
(7) senior citizens;
(8) the clergy; [and]
(9) nonprofit health organizations; and
(10) local domestic violence programs.
SB736
Caption: Relating to membership and
duties of local school health advisory
councils.
HB2496
Caption: Relating to creating a teen
dating violence court program.
HB2496
Caption: Relating to creating a teen
dating violence court program.
Sec. 54.0325. DEFERRAL OF ADJUDICATION AND DISMISSAL OF
CERTAIN CASES ON COMPLETION OF TEEN DATING VIOLENCE
COURT PROGRAM.
(3) "Teen dating violence court program" means a program that includes:
(A) a 12-week program designed to educate children who engage in dating
violence and encourage them to refrain from engaging in that conduct;
(B) a dedicated teen victim advocate who assists teen victims by offering
referrals to additional services, providing counseling and safety planning, and
explaining the juvenile justice system;
(C) a court-employed resource coordinator to monitor children's compliance
with the 12-week program;
(D) one judge who presides over all of the cases in the jurisdiction that qualify
for the program; and
(E) an attorney in the district attorney's office or the county attorney's office
who is assigned to the program.
HB2496
Caption: Relating to creating a teen
dating violence court program.
(b) On the recommendation of the prosecuting
attorney, the juvenile court may defer adjudication
proceedings under Section 54.03 for not more than 180
days if the child is a first offender who is alleged to
have engaged in conduct:
(1) that violated a penal law of this state of the grade
of misdemeanor; and
(2) involving dating violence.
HB2496
Caption: Relating to creating a teen
dating violence court program.
(c) For the purposes of Subsection (b), a first offender
is a child who has not previously been referred to
juvenile court for allegedly engaging in conduct
constituting dating violence, family violence, or an
assault.
(d) Before implementation, the teen dating violence
court program must be approved by:
(1) the court; and
(2) the commissioners court of the county.
HB2496
Caption: Relating to creating a teen
dating violence court program.
HB2662
Caption: Relating to child
abduction.
HB2662
Caption: Relating to child
abduction.
SECTION 1. Article 63.001(3), Code of Criminal Procedure, is amended to read as
follows:
(3) "Missing child" means a child whose whereabouts are unknown to the child's
legal custodian, the circumstances of whose absence indicate that:
(A) the child did not voluntarily leave the care and control of the custodian, and the
taking of the child was not authorized by law;
(B) the child voluntarily left the care and control of the [his legal] custodian without
the custodian's consent and without intent to return; [or]
(C) the child was taken or retained in violation of the terms of a court order for
possession of or access to the child; or
(D) the child was taken or retained without the permission of the custodian and with
the effect of depriving the custodian of possession of or access to the child unless the
taking or retention of the child was prompted by the commission or attempted
commission of family violence, as defined by Section 71.004, Family Code, against the
child or the actor.
HB2662
Caption: Relating to child
abduction.
SB578
Relating to the testimony of
children in criminal cases.
SB578
Relating to the testimony of
children in criminal cases.
Art. 38.074. TESTIMONY OF CHILD IN PROSECUTION
OF OFFENSE
Sec. 1. In this article:
(1) "Child" has the meaning assigned by Section 22.011(c),
Penal Code.
(2) "Support person" means any person whose presence would
contribute to the welfare and well-being of a child.
Sec. 2. This article applies to the testimony of a child in any
hearing or proceeding in the prosecution of any offense, other
than the testimony of a child in a hearing or proceeding in a
criminal case in which that child is the defendant.
SB578
Relating to the testimony of
children in criminal cases.
Sec. 3. (a) A court shall:
(1) administer an oath to a child in a manner that allows the child to fully understand
the child's duty to tell the truth;
(2) ensure that questions asked of the child are stated in language appropriate to the
child's age;
(3) explain to the child that the child has the right to have the court notified if the child
is unable to understand any question and to have a question restated in a form that the
child does understand;
(4) ensure that a child testifies only at a time of day when the child is best able to
understand the questions and to undergo the proceedings without being traumatized,
including:
(A) limiting the duration of the child's testimony;
(B) limiting the timing of the child's testimony to the child's normal school hours; or
(C) ordering a recess during the child's testimony when necessary for the energy,
comfort, or attention span of the child; and
SB578
Relating to the testimony of
children in criminal cases.
Sec. 3. (a) A court shall:
(1) administer an oath to a child in a manner that allows the child to fully understand
the child's duty to tell the truth;
(2) ensure that questions asked of the child are stated in language appropriate to the
child's age;
(3) explain to the child that the child has the right to have the court notified if the child
is unable to understand any question and to have a question restated in a form that the
child does understand;
(4) ensure that a child testifies only at a time of day when the child is best able to
understand the questions and to undergo the proceedings without being traumatized,
including:
(A) limiting the duration of the child's testimony;
(B) limiting the timing of the child's testimony to the child's normal school hours; or
(C) ordering a recess during the child's testimony when necessary for the energy,
comfort, or attention span of the child; and
(5) prevent intimidation or harassment of the child by any party and, for that purpose,
rephrase as appropriate any question asked of the child.
SB578
Relating to the testimony of
children in criminal cases.
(b) On the motion of any party, or a parent, managing conservator, guardian, or
guardian ad litem of a child or special advocate for a child, the court shall allow the
child to have a toy, blanket, or similar comforting item in the child's possession while
testifying or allow a support person to be present in close proximity to the child during
the child's testimony if the court finds by a preponderance of the evidence that:
(1) the child cannot reliably testify without the possession of the item or presence of the
support person, as applicable; and
(2) granting the motion is not likely to prejudice the trier of fact in evaluating the
child's testimony.
(c) A support person who is present during a child's testimony may not:
(1) obscure the child from the view of the defendant or the trier of fact;
(2) provide the child with an answer to any question asked of the child; or
(3) assist or influence the testimony of the child.
(d) The court may set any other conditions and limitations on the taking of the
testimony of a child that it finds just and appropriate, considering the interests of the
child, the rights of the defendant, and any other relevant factors.
SB578
Relating to the testimony of
children in criminal cases.
(b) On the motion of any party, or a parent, managing conservator, guardian, or
guardian ad litem of a child or special advocate for a child, the court shall allow the
child to have a toy, blanket, or similar comforting item in the child's possession while
testifying or allow a support person to be present in close proximity to the child during
the child's testimony if the court finds by a preponderance of the evidence that:
(1) the child cannot reliably testify without the possession of the item or presence of the
support person, as applicable; and
(2) granting the motion is not likely to prejudice the trier of fact in evaluating the
child's testimony.
(c) A support person who is present during a child's testimony may not:
(1) obscure the child from the view of the defendant or the trier of fact;
(2) provide the child with an answer to any question asked of the child; or
(3) assist or influence the testimony of the child.
(d) The court may set any other conditions and limitations on the taking of the
testimony of a child that it finds just and appropriate, considering the interests of the
child, the rights of the defendant, and any other relevant factors.
SB578
Relating to the testimony of
children in criminal cases.
The
House
HB649
Caption: Relating to the issuance and
duration of certain protective orders for
victims of sexual assault.
HB649
Caption: Relating to the issuance and
duration of certain protective orders for
victims of sexual assault.
HB649
Caption: Relating to the issuance and
duration of certain protective orders for
victims of sexual assault.
Art. 7A.03. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
ORDER. (a) At the close of a hearing on an application for a protective
order under this chapter, the court shall find whether there are
reasonable grounds to believe that the applicant is the victim of a sexual
assault [and:
[(1) is younger than 18 years of age; or
[(2) regardless of age, is the subject of a threat that reasonably places
the applicant in fear of further harm from the alleged offender].
(b) If the court finds reasonable grounds to believe that the applicant is
the victim of a sexual assault [and is younger than 18 years of age, or
regardless of age, the subject of a threat that reasonably places the
applicant in fear of further harm from the alleged offender], the court
shall issue a protective order that includes a statement of the required
findings.
HB649
Caption: Relating to the issuance and
duration of certain protective orders for
victims of sexual assault.
Art. 7A.07. DURATION OF PROTECTIVE ORDER. (a) A
protective order issued under Article 7A.03 may be effective
for the duration of the lives of the offender and victim [as
provided by Subsection (b),] or for any shorter period stated
in the order. If a period is not stated in the order, the order
is effective until the second anniversary of the date the order
was issued.
(b) [A protective order issued under Article 7A.03 may be
effective for the duration of the lives of the offender and
victim only if the court finds reasonable cause to believe that
the victim is the subject of a threat that reasonably places the
victim in fear of further harm from the alleged offender.
HB848
Caption: Relating to an agreement authorizing certain
persons to make decisions regarding a child during an
investigation of child abuse or neglect.
HB848
Caption: Relating to an agreement authorizing certain
persons to make decisions regarding a child during an
investigation of child abuse or neglect.
HB848
Caption: Relating to an agreement authorizing certain
persons to make decisions regarding a child during an
investigation of child abuse or neglect.
Sec. 34.001. APPLICABILITY. This chapter
applies only to:
(1) an authorization agreement between a parent
of a child and a person who is the child's:
(A) [(1)] grandparent;
(B) [(2)] adult sibling; or
(C) [(3)] adult aunt or uncle; and
(2) an authorization agreement between a parent
of a child and the person with whom the child is
placed under a parental child safety placement
agreement.
HB848
Caption: Relating to an agreement authorizing certain
persons to make decisions regarding a child during an
investigation of child abuse or neglect.
Sec. 34.0021. AUTHORIZATION AGREEMENT BY PARENT
IN CHILD PROTECTIVE SERVICES CASE. A parent may
enter into an authorization agreement with a relative or other
person with whom a child is placed under a parental child safety
placement agreement approved by the Department of Family
and Protective Services to allow the person to perform the acts
described by Section 34.002(a) with regard to the child:
(1) during an investigation of abuse or neglect; or
(2) while the department is providing services to the parent.
HB905
Relating to the admissibility of certain
hearsay statements of a child in hearings on
an application for a protective order.
HB905
Relating to the admissibility of certain
hearsay statements of a child in hearings on
an application for a protective order.
HB905
Relating to the admissibility of certain
hearsay statements of a child in hearings on
an application for a protective order.
SECTION 1. Chapter 84, Family Code, is amended by
adding Section 84.006 to read as follows:
Sec. 84.006. HEARSAY STATEMENT OF CHILD
VICTIM OF FAMILY VIOLENCE. In a hearing on an
application for a protective order, a statement made by
a child 12 years of age or younger that describes
alleged family violence against the child is admissible
as evidence in the same manner that a child's statement
regarding alleged abuse against the child is admissible
under Section 104.006 in a suit affecting the parentchild relationship.
HB2624
Caption: Relating to procedures applicable in
circumstances involving family violence or other
criminal conduct and military personnel.
HB2624
Caption: Relating to procedures applicable in
circumstances involving family violence or other
criminal conduct and military personnel.
HB2624
Caption: Relating to procedures applicable in
circumstances involving family violence or other
criminal conduct and military personnel.
SECTION 1. Section 85.042, Family Code, is amended by adding
Subsection (a-1) and amending Subsections (c) and (d) to read as
follows:
(a-1) This subsection applies only if the respondent, at the time of
issuance of an original or modified protective order under this
subtitle, is a member of the state military forces or is serving in the
armed forces of the United States in an active-duty status. In
addition to complying with Subsection (a), the clerk of the court
shall also provide a copy of the protective order and the information
described by that subsection to the staff judge advocate at Joint
Force Headquarters or the provost marshal of the military
installation to which the respondent is assigned with the intent that
the commanding officer will be notified, as applicable.
HB2624
Caption: Relating to certain temporary orders
in a suit affecting the parent-child relationship
during a parent's military deployment.
SECTION 2. Article 5.05, Code of Criminal Procedure, is amended by
amending Subsection (a) and adding Subsection (a-2) to read as follows:
(a) A peace officer who investigates a family violence incident or who
responds to a disturbance call that may involve family violence shall make
a written report, including but not limited to:
(5) whether the suspect is a member of the state military forces or is
serving in the armed forces of the United States in an active-duty status.
(a-2) If a suspect is identified as being a member of the military, as
described by Subsection (a)(5), the peace officer shall provide written
notice of the incident or disturbance call to the staff judge advocate at
Joint Force Headquarters or the provost marshal of the military
installation to which the suspect is assigned with the intent that the
commanding officer will be notified, as applicable.
HB2624
Caption: Relating to certain temporary orders
in a suit affecting the parent-child relationship
during a parent's military deployment.
Art. 42.0182. NOTICE OF FAMILY VIOLENCE OFFENSES PROVIDED BY CLERK OF COURT. (a) This
article applies only:
(1) to conviction or deferred adjudication granted on the basis of:
(A) an offense that constitutes family violence, as defined by Section 71.004, Family Code; or
(B) an offense under Title 5, Penal Code; and
(2) if the defendant is a member of the state military forces or is serving in the armed forces of the United States
in an active-duty status.
(b) As soon as possible after the date on which the defendant is convicted or granted deferred adjudication on
the basis of an offense, the clerk of the court in which the conviction or deferred adjudication is entered shall
provide written notice of the conviction or deferred adjudication to the staff judge advocate at Joint Force
Headquarters or the provost marshal of the military installation to which the defendant is assigned with the
intent that the commanding officer will be notified, as applicable.
SECTION 4. Section 9, Article 42.12, Code of Criminal Procedure, is amended by adding Subsection (l) to read
as follows:
(l) Each presentence investigation shall include information regarding whether the defendant is a current or
former member of the state military forces or whether the defendant is currently serving or has previously
served in the armed forces of the United States in an active-duty status. If the defendant has served in an activeduty status, the investigation shall additionally determine whether the defendant was deployed to a combat zone
and whether the defendant may suffer from post-traumatic stress disorder or a traumatic brain injury. In
addition, if available, a copy of the defendant's military discharge papers and military records must be included
in the investigation report provided to the judge under Subsection (a) of this section.
The Senate
SB116
Caption: Relating to protective orders
against dating violence.
SB116
Caption: Relating to protective orders
against dating violence.
SECTION 2. Subsection (a), Section 71.0021, Family Code, is
amended to read as follows:
(a) "Dating violence" means an act, other than a defensive measure
to protect oneself, by an actor [individual] that:
(1) is committed against a victim:
(A) [another individual] with whom the actor [that person] has or
has had a dating relationship; or
(B) because of the victim's marriage to or dating relationship with
an individual with whom the actor is or has been in a dating
relationship or marriage; and
(2) [that] is intended to result in physical harm, bodily injury,
assault, or sexual assault or that is a threat that reasonably places
the victim [individual] in fear of imminent physical harm, bodily
injury, assault, or sexual assault[, but does not include defensive
measures to protect oneself].
SB116
Caption: Relating to protective orders
against dating violence.
SECTION 3. Subsection (b), Section 82.002,
Family Code, is amended to read as follows:
(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).
SB116
Caption: Relating to protective orders
against dating violence.
SB279
Caption: Relating to inclusion of pets and
other companion animals in protective
orders; providing a penalty.
SB279
Caption: Relating to inclusion of pets and
other companion animals in protective
orders; providing a penalty.
Sec. 85.021. REQUIREMENTS OF
ORDER APPLYING TO ANY PARTY. In
a protective order, the court may:
(1) prohibit a party from:
(C) 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;
SB279
Caption: Relating to inclusion of pets and
other companion animals in protective
orders; providing a penalty.
SECTION 2. Subsection (b), Section 85.022, Family
Code, is amended to read as follows:
(b) In a protective order, the court may prohibit the
person found to have committed family violence from:
(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 a person
protected by an order or by a member of the family or
household of a person protected by an order.
SB279
Caption: Relating to inclusion of pets and
other companion animals in protective
orders; providing a penalty.
SB789
Caption: Relating to the duration of a
protective order against family violence.
SB789
Caption: Relating to the duration of a
protective order against family violence.
Sec. 85.025. DURATION OF PROTECTIVE ORDER. (a) Except as otherwise
provided by this section [Subsection (b) or (c)], an order under this subtitle is
effective:
(a-1) The court may render a protective order sufficient to protect the applicant
and members of the applicant's family or household that is effective for a period
that exceeds two years if the court finds that the person who is the subject of the
protective order:
(1) caused serious bodily injury to the applicant or a member of the applicant's
family or household; or
(2) was the subject of two or more previous protective orders rendered:
(A) to protect the person on whose behalf the current protective order is sought;
and
(B) after a finding by the court that the subject of the protective order:
(i) has committed family violence; and
(ii) is likely to commit family violence in the future.
SB789
Caption: Relating to the duration of a
protective order against family violence.
(b) A person who is the subject of a protective order may file a motion not
earlier than the first anniversary of the date on which the order was rendered
requesting that the court review the protective order and determine whether
there is a continuing need for the order. A person who is the subject of a
protective order under Subsection (a-1) that is effective for a period that exceeds
two years may file a subsequent motion requesting that the court review the
protective order and determine whether there is a continuing need for the order
not earlier than the first anniversary of the date on which the court rendered an
order on a previous motion by the person under this subsection. After a hearing
on the motion, if the court does not make a finding that [finds] there is no [a]
continuing need for the protective order, the protective order remains in effect
until the date the order expires under this section. Evidence of the movant's
compliance with the protective order does not by itself support a finding by the
court that there is no continuing need for the protective order. If the court finds
there is no continuing need for the protective order, the court shall order that the
protective order expires on a date set by the court.
SB789
Caption: Relating to the duration of a
protective order against family violence.
SB819
Caption: Relating to family
violence and protective orders.
SB819
Caption: Relating to family
violence and protective orders.
SECTION 1. Chapter 81, Family Code, is amended by adding Section 81.010
to read as follows:
Sec. 81.010. COURT ENFORCEMENT. (a) A court of this state with
jurisdiction of proceedings arising under this title may enforce a protective
order rendered by another court in the same manner that the court that
rendered the order could enforce the order, regardless of whether the order is
transferred under Subchapter D, Chapter 85.
(b) A court's authority under this section includes the authority to enforce a
protective order through contempt.
(c) A motion for enforcement of a protective order rendered under this title
may be filed in:
(1) any court in the county in which the order was rendered with jurisdiction
of proceedings arising under this title;
(2) a county in which the movant or respondent resides; or
(3) a county in which an alleged violation of the order occurs.
SB819
Caption: Relating to family
violence and protective orders.
(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 [an adult] member of the dating relationship,
regardless of whether the member is an adult or a child.
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:
(b) For purposes of this section, a statement signed under oath
by a child is valid if the statement otherwise complies with this
chapter.
SB819
Caption: Relating to family
violence and protective orders.
(c) The court may recess the hearing on a
temporary ex parte order to contact the
respondent by telephone and provide the
respondent the opportunity to be present when
the court resumes the hearing. Without regard
to whether the respondent is able to be present
at the hearing, the court shall resume the
hearing before the end of the working day.
SB819
Caption: Relating to family
violence and protective orders.
Additional
Bills of Note
OTHERS?
Aaron Setliff
Director of Policy
[email protected]
512-590-9808