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Legal Statutes: Texas

UPDATED October 16, 2012

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Texas Statutes and Codes (select sections)
- Civil Practice and Remedies Code (select sections)
  - Title 6. Miscellaneous Provisions
    - Chapter 129. Age of Majority
      - 129.001. Age of Majority
- Family Code (select sections)
  - Title 1. The Marriage Relationship
    - Subtitle C. Dissolution of Marriage
      - Chapter 6. Suit for Dissolution of Marriage
        Subchapter A. Grounds for Divorce and Defenses
        6.001. Insupportability
        6.002. Cruelty
        6.003. Adultery
        6.004. Conviction of Felony
        6.005. Abandonment
        6.006. Living Apart
        6.007 Confinement in Mental Hospital
        Subchapter D. Jurisdiction, Venue, and Residence Qualifications
        6.301. General Residency Rule for Divorce Suit
        6.302. Suit for Divorce by Nonresident Spouse
        6.303. Absence on Public Service
        Subchapter F. Temporary Orders
        6.501. Temporary Restraining Order
        6.504. Protective Orders
      - Chapter 8. Maintenance
        Subchapter A. General Provisions
        8.001. Definitions
        Subchapter B. Court-Ordered Maintenance
        8.051. Eligibility for Maintenance; Court Order
  - Title 4. Protective Orders and Family Violence
    - Subtitle A. General Provision
      - Chapter 71. Definitions
        71.001. Applicability of Definitions
        71.002. Court
        71.0021. Dating Violence
        71.003 Family
        71.004. Family Violence
        71.005. Household
        71.006. Member of a Household
        71.007. Prosecuting Attorney
    - Subtitle B. Protective Orders
      - Chapter 81. General Provision
        81.001. Entitlement to Protective Order
        81.002. No Fee for Applicant
        81.003. Fees and Costs Paid by Party Found to Have Committed Family Violence
        81.004. Contempt for Nonpayment of Fee
        81.005. Attorney's Fees
        81.006. Payment of Attorney's Fees
        81.007. Prosecuting Attorney
        81.0075. Representation by Prosecuting Attorney in Certain Subsequent Actions
        81.008. Relief Cumulative
        81.009. Appeal
      - Chapter 82. Applying for Protective Order
        Subchapter A. Application for Protective Order
        82.001. Application
        82.002. Who May File Application
        82.003. Venue
        82.004. Contents of Application
        82.005. Application Filed During Suit for Dissolution of Marriage or Suit Affecting Parent-Child Relationship
        82.006. Application Filed After Dissolution of Marriage
        82.007. Application Filed for Child Subject to Continuing Jurisdiction
        82.008. Application Filed After Expiration of Former Protective Order
        82.0085. Application Filed Before Expiration of Previously Rendered Protective Order
        82.009. Application for Temporary ex Parte Order
        82.010. Confidentiality of application
        Subchapter B. Pleadings By Respondent
        82.021. Answer
        82.022. Request by Respondent for Protective Order
        Subchapter C. Notice of Application For Protective Order
        82.041. Contents of Notice of Application
        82.042. Issuance of Notice of Application
        82.043. Service of Notice of Application
      - Chapter 83. Temporary Ex Parte Orders
        83.001. Requirements for Temporary ex Parte Order
        83.002. Duration of Order; Extension
        83.003. Bond Not Required
        83.004. Motion to Vacate
        83.005. Conflicting Orders
        83.006. Exclusion of Party From Residence
      - Chapter 84. Hearing
        84.001. Time Set for Hearing
        84.002. Extended Time for Hearing in District Court In Certain Counties
        84.003. Hearing Rescheduled for Failure of Service
        84.004. Hearing Rescheduled for Insufficient Notice
        84.005. Legislative Continuance
      - Chapter 85. Issuance of Protective Order
        Subchapter A. Findings and Orders
        85.001. Required Findings and Orders
        85.002. Exception for Violation of Expired Protective Order
        85.003. Separate Protective Orders Required
        85.004. Protective Order in Suit for Dissolution of Marriage
        85.005. Agreed Order
        85.006. Default Order
        85.007. Confidentiality of Certain Information
        85.009. Order Valid Until Superseded
        Subchapter B. Contents of Protective Order
        85.021. Requirements of Order Applying to Any Party
        85.022. Requirements of Order Applying to Person Who Committed Family Violence
        85.023. Effect on Property Rights
        85.024. Enforcement of Counseling Requirement
        85.025. Duration of Protective Order
        85.026. Warning on Protective Order
        Subchapter C. Delivery of Protective Order
        85.041. Delivery to Respondent
        85.042. Delivery of Order to Other Persons
        Subchapter D. Relationship Between Protective Order adn Suit for Dissolution of Marriage and Suit Affecting Parent-Child Relationship
        85.061. Dismissal of Application Prohibited; Subsequently Filed Suit for Dissolution of Marriage or Suit Affecting Parent-Child Relationship
        85.062. Application Filed While Suit for Dissolution of Marriage or Suit Affecting Parent-Child Relationship Pending
        85.063. Application Filed After Final Order Rendered in Suit for Dissolution of Marriage or Suit Affecting Parent-Child Relationship
        85.064. Transfer of Protective Order
        85.065. Effect of Transfer
      - Chapter 86. Law Enforcement Duties Relating to Protective Orders
        86.001. Adoption of Procedures by Law Enforcement Agency
        86.0011. Duty to Enter Information into Statewide Law Enforcement Information System
        86.002. Duty to Provide Information to Firearms Dealers
        86.003. Court Order for Law Enforcement Assistance Under Temporary Order
        86.004. Court Order for Law Enforcement Assistance Under Final Order
        86.005. Protective Order From Another Jurisdiction
      - Chapter 87. Modification of Protective Orders
        87.001. Modification of Protective Order
        87.002. Modification May Not Extend Duration of Order
        87.003. Notification of Motion to Modify
        87.004. Change of Address or Telephone Number
      - Chapter 88. Uniform Interstate Enforcement of Protective Orders
        88.001. Short Title.
        88.002. Definitions.
        88.003. Judicial Enforcement of Order.
        88.004. Nonjudicial Enforcement of Order.
        88.005. Registration of Order.
        88.006. Immunity.
        88.007. Other Remedies
        88.008. Uniformity of Application and Construction.
    - Subtitle C. Reporting Family Violence
      - Chapter 91. Reporting Family Violence
        91.001. Definitions
        91.002. Reporting by Witnesses Encouraged
        91.003. Information Provided by Medical Professionals
        91.004. Application of Subtitle
      - Chapter 92. Immunity
        92.001. Immunity
  - Title 5. The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
    - Subtitle A. General Provisions
      - Chapter 101. Definitions
        101.0010. Acknowledged Father
        101.0015. Alleged Father
        101.002. Authorized Agency
        101.0021. Bureau of Vital Statistics
        101.003. Child or Minor; Adult
        101.007. Clear and Convincing Evidence
        101.009. Danger to Physical Health or Safety of Child
        101.0125. Family Violence
        101.0145. Guardian Ad Litem
        101.016. Joint Managing Conservatorship
        101.019. Managing Conservatorship
        101.024. Parent
        101.025. Parent-Child Relationship
        101.029. Standard Possession Order
      - Chapter 102. Filing Suit
        102.003. General Standing to File Suit
        102.004. Standing for Grandparent or Other Person
        102.0045. Standing for Sibling
      - Chapter 103. Venue and Transfer of Original Proceedings
        103.001. Venue for Original Suit
        103.002. Transfer of Original Proceedings Within State
        103.003. Transfer of Original Suit Within State when Party or Child Resides Outside State
      - Chapter 105. Settings, Hearings, and Orders
        105.009. Parent Education and Family Stabilization Course
    - Subtitle B. Suits Affecting the Parent-Child Relationship
      - Chapter 151. Rights and Duties in Parent-Child Relationship
        151.001. Rights and Duties of Parent
      - Chapter 152. Uniform Child Custody Jurisdiction and Enforcement Act
        Subchapter B. General Provisions
        152.101. Short Title
        152.102. Definitions
        152.103. Proceedings Governed by Other Law
        152.104. Application to Indian Tribes
        152.105. International Application of Chapter
        152.106. Effect of Child Custody Determination
        152.107. Priority
        152.108. Notice to Persons Outside State
        152.109. Appearance and Limited Immunity
        152.110. Communication Between Courts
        152.111. Taking Testimony in Another State
        152.112. Cooperation Between Courts; Preservation of Records
        Subchapter C. Jurisdiction
        152.201. Initial Child Custody Jurisdiction
        152.202. Exclusive Continuing Jurisdiction
        152.203. Jurisdiction to Modify Determination
        152.204. Temporary Emergency Jurisdiction
        152.205. Notice; Opportunity to be Heard; Joinder
        152.206. Simultaneous Proceedings
        152.207. Inconvenient Forum
        152.208. Jurisdiction Declined by Reason of Conduct
        152.209. Information to be Submitted to Court
        152.210. Appearance of Parties and Child
        Subchapter D. Enforcement
        152.301. Definitions
        152.302. Enforcement Under Hague Convention
        152.303. Duty to Enforce
        152.304. Temporary Visitation
        152.305. Registration of Child Custody Determination
        152.306. Enforcement of Registered Determination
        152.307. Simultaneous Proceedings
        152.308. Expedited Enforcement of Child Custody Determination
        152.309. Service of Petition and Order
        152.310. Hearing and Order
        152.311. Warrant to Take Physical Custody of Child
        152.312. Costs, Fees, and Expenses
        152.313. Recognition and Enforcement
        152.314. Appeals
        152.315. Role of Prosecutor or Public Official
        152.316. Role of Law Enforcement
        152.317. Costs and Expenses
      - Chapter 153. Conservatorship, Possession, and Access
        Subchapter A. General Provisions
        153.001. Public Policy
        153.002. Best Interest of Child
        153.003. No Discrimination Based on Sex or Marital Status
        153.004. History of Domestic Violence
        153.005. Appointment of Sole or Joint Managing Conservator
        153.006. Appointment of Possessory Conservator
        153.007. Agreed Parenting Plan
        153.0071. Alternate Dispute Resolution Procedures
        153.009. Interview of Child in Chambers
        153.010. Order for Family Counseling
        153.011. Security Bond
        153.012. Right to Privacy; Deletion of Personal Information in Records
        153.013. False Report of Child Abuse
        153.014. Visitation Centers and Visitation Exchange Facilities
        153.015. Electronic Communication With Child by Conservator.
        Subchapter B. Parent Appointed as Conservator: In General
        153.071. Court to Specify Rights and Duties of Parent Appointed a Conservator
        153.072. Written Finding Required to Limit Parental Rights and Duties
        153.073. Rights of Parent at All Times
        153.074. Rights and Duties During Period of Possession
        153.075. Duties of Parent Not Appointed Conservator
        153.076. Duty to Provide Information
        Subchapter C. Parent Appointed as Sole or Joint Managing Conservator
        153.131. Presumption That Parent to be Appointed Managing Conservator
        153.132. Rights and Duties of Parent Appointed Sole Managing Conservator
        153.133. Parenting Plan for Joint Managing Conservatorship
        153.134. Court-Ordered Joint Conservatorship
        153.135. Equal Possession Not Required
        153.138. Child Support Order Affecting Joint Conservators
        Subchapter D. Parent Appointed as Possessory Conservator
        153.191. Presumption that Parent to be Appointed Possessory Conservator
        153.192. Rights and Duties of Parent Appointed Possessory Conservator
        153.193. Minimal Restriction on Parent's Possession or Access
        Subchapter E. Guidelines for the Possession of a Child by a Parent Names as Possessory Conservator
        153.251. Policy and General Application of Guidelines
        153.252. Rebuttable Presumption
        153.253. Standard Possession Order Inappropriate or Unworkable
        153.254. Child Less Than Three Years of Age
        153.255. Agreement
        153.256. Factors for Court to Consider
        153.257. Means of Travel
        153.258. Request for Findings When Order Varies From Standard Order
        Subchapter F. Standard Possession Order
        § 153.311. Mutual Agreement or Specified Terms for Possession
        § 153.312. Parents Who Reside 100 Miles or Less Apart
        § 153.313. Parents Who Reside Over 100 Miles Apart
        § 153.314. Holiday Possession Unaffected by Distance Parents Reside Apart
        § 153.315. Weekend Possession Extended by Holiday
        § 153.316. General Terms and Conditions
        § 153.3161. § 153.3161. Repealed by Acts 2009, 81st Leg., ch. 727, § 6; Acts 2009, 81st Leg., ch. 1113, § 31, eff. Sept. 1, 2009
        § 153.317. Alternative Possession Times
        Subchapter G. Appointment of Nonparent as Conservator
        § 153.371. Rights and Duties of Nonparent Appointed as Sole Managing Conservator
        § 153.372. Nonparent Appointed as Joint Managing Conservator
        § 153.3721. Access to Certain Records by Nonparent Joint Managing Conservator
        § 153.373. Voluntary Surrender of Possession Rebuts Parental Presumption
        § 153.374. Designation of Managing Conservator in Affidavit of Relinquishment
        § 153.375. Annual Report by Nonparent Managing Conservator
        § 153.376. Rights and Duties of Nonparent Possessory Conservator
        § 153.377. Access to Child's Records
        Subchapter H. Rights of Grandparent, Aunt, or Uncle
        § 153.431. Appointment of Grandparent, Aunt, or Uncle as Managing Conservator
        § 153.432. Suit for Possession or Access by Grandparent
        § 153.433. Possession of or Access to Grandchild
        § 153.434. Limitation on Right to Request Possession or Access
        Subchapter I. Prevention of International Parental Child Abduction
        § 153.501. Necessity of Measures to Prevent International Parental Child Abduction
        § 153.502. Abduction Risk Factors
        § 153.503. Abduction Prevention Measures
        Subchapter J. Rights of Siblings
        § 153.551. Suit for Access
        § 153.552. § 153.552. Repealed by Acts 2009, 81st Leg., ch. 1113, § 31, eff. Sept. 1, 2009
        Subchapter K. Parenting Plan and Parenting Coordinator
        § 153.601. Definitions
        § 153.602. Parenting Plan Not Required in Temporary Order
        § 153.603. Requirement of Parenting Plan in Final Order
        § 153.6031. Exception to Dispute Resolution Process Requirement
        § 153.605. Appointment of Parenting Coordinator
        § 153.606. Duties of Parenting Coordinator
        § 153.607. Removal of Parenting Coordinator
        § 153.608. Report of Parenting Coordinator
        § 153.609. Compensation of Parenting Coordinator
        § 153.610. Qualifications of Parenting Coordinator
        § 153.611. Exception for Certain Title IV-D Proceedings
      - Chapter 154. Child Support
        Subchapter A. Court-Ordered Child Support
        § 154.001. Support of Child
        § 154.003. Manner of Payment
        § 154.008. Provision for Medical Support
      - Chapter 155. Continuing, Exclusive Jurisdiction; Transfer
        Subchapter C. Transfer of Continuing, Exclusive Jurisdiction
        § 155.201. Mandatory Transfer
        § 155.202. Discretionary Transfer
        § 155.203. Determining County of Child's Residence
        § 155.204. Procedure for Transfer
      - Chapter 156. Modification
        Subchapter B. Modification of Conservatorship, Possession and Access, or Determination of Residence
        § 156.101. Grounds for Modification of Order Establishing Conservatorship or Possession and Access
        § 156.102. Modification of Exclusive Right to Determine Primary Residence of Child Within One Year of Order
        § 156.104. Modification of Order on Conviction for Child Abuse; Penalty
        § 156.1045. Modification of Order on Conviction for Family Violence
        § 156.105. Modification of Order Based on Military Deployment
      - Chapter 160. Uniform Parentage Act
        Subchapter C. Parent-Child Relationship
        § 160.204. Presumption of Paternity
        Subchapter D. Voluntary Acknowledgment of Paternity
        § 160.301. Acknowledgment of Paternity
        § 160.306. Filing Fee Not Required
        Subchapter F. Genetic Testing
        § 160.502. Order for Testing
        § 160.505. Genetic Testing Results; Rebuttal
- Penal Code (select sections)
  - Title 1. Introductory Provisions
    - Chapter 1. General Provisions
      - 1.07. Definitions
  - Title 3. Punishments
    - Chapter 12. Punishments
      - Subchapter B. Ordinary Misdemeanor Punishments
        § 12.21. Class A Misdemeanor
      - Subchapter C. Ordinary Felony Punishments
        § 12.34. Third Degree Felony Punishment
  - Title 5. Offenses Against the Person
    - Chapter 20. Kidnapping and Unlawful Restraint
    - Chapter 20A. Trafficking of Persons
      - § 20A.02. Trafficking of Persons
    - Chapter 21. Sexual Offenses
    - Chapter 22 Assaultive Offenses
  - Title 6. Offenses Against the Family
    - Chapter 25. Offenses Against the Family
      - § 25.01. Bigamy
      - § 25.07. Violation of Certain Court Orders or Conditions of Bond in a Family Violence Case
  - Title 7. Offenses Against Property
    - Chapter 30. Burglary and Criminal Trespass
      - § 30.05. Criminal Trespass
    - Chapter 33. Computer Crimes
      - § 33.07. Online Impersonation
  - Title 9. Offenses Against Public Order and Decency
    - Chapter 42. Disorderly Conduct and Related Offenses
    - Chapter 43. Public Indecency
      - Subchapter A. Prostitution
        § 43.05. Compelling Prostitution
      - Subchapter B. Obscenity
        § 43.25. Sexual Performance by a Child
  - Title 10. Offenses Against Public Health, Safety, and Morals
    - Chapter 46. Weapons
      - § 46.04. Unlawful Possession of Firearm
- Code of Criminal Procedure (select sections)
  - Title 1. Code of Criminal Procedure of 1965
    - After Commitment or Bail and Before the Trial
      - Chapter Twenty-Seven. The Pleading in Criminal Actions
        Art. 27.14. Plea of guilty or nolo contendere in misdemeanor
    - Prevention and Suppression of Offenses
      - Chapter 7A. Protective Order for Certain Victims of Trafficking or Sexual Assault or Stalking
        Art. 7A.01. Application for Protective Order
        Art. 7A.02. Temporary Ex Parte Order
        Art. 7A.05. Conditions Specified by Order
        Art. 7A.07. Duration of Protective Order
    - Arrest, Commitment and Bail
      - Chapter Fourteen. Arrest Without Warrant
        Art. 14.06. Must take offender before magistrate
      - Chapter Seventeen. Bail
        Art. 17.292. Magistrate's Order for Emergency Protection

Chapter 71. Definitions

back to top 71.004. Family Violence

"Family violence" means:(1) an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;(2) abuse, as that term is defined by Sections 261.001(1)(C), (E), and (G), by a member of a family or household toward a child of the family or household; or(3) dating violence, as that term is defined by Section 71.0021.

Comment by TCFV: By including "dating violence" in the definition of family violence, the legislature has ensured that dating violence protective orders are subject to the same procedures and penalties as all other protective orders. Because magistrate's orders for emergency protection are authorized "after arrest for an offense involving family violence," victims of dating violence are also eligible for these 31 to 61 day protective orders. See Article 17.292, Code of Criminal Procedure.

Added by Acts 1997, 75th Leg., ch. 34, § 1, eff. May 5, 1997. Amended by Acts 2001, 77th Leg., ch. 91, § 2, eff. Sept. 1, 2001.

Amended by 77th Legis., Reg. Sess. (2001), S.B. 68, eff. Sept. 1, 2001.

Legal Statutes

Texas Statutes

Chapter 71. Definitions

back to top71.004. Family Violence

back to top 71.004. Family Violence