bill making judges explain protective order options

The text as introduced · 346 words

89R2572 AMF-D

By: Manuel
H.B. No. 1755

A BILL TO BE ENTITLED

AN ACT

relating to certain duties of the court regarding the restrictions

that may be included in a protective order on a person found to have

committed family violence.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 84, Family Code, is amended by adding

Section 84.007 to read as follows:

Sec. 84.007. NOTICE TO AND INQUIRY OF APPLICANT REGARDING

RESTRICTIONS UNDER PROTECTIVE ORDER. In a hearing on an

application for a protective order, if the applicant has alleged

that family violence has occurred, the court shall:

(1) inform the applicant of the restrictions that the

court may impose in a protective order on a person found to have

committed family violence, including by specifically discussing

with the applicant the location restrictions described by Sections

85.022(b)(3) and (4); and

(2) specifically ask the applicant if the applicant

wishes the court to include one or both of the location restrictions

described by Sections 85.022(b)(3) and (4) in the court's order if

the court finds that the respondent has committed family violence

and that family violence is likely to occur in the future.

SECTION 2. Section 85.022, Family Code, is amended by

adding Subsection (b-1) to read as follows:

(b-1) In determining whether to include in a protective

order the location restrictions described by Subsections (b)(3) and

(4), the court must consider any wishes expressed by the applicant

in response to the court's question to the applicant under Section

84.007(2) regarding the inclusion of those restrictions in the

court's order.

SECTION 3. Section 84.007, Family Code, as added by this

Act, applies to a hearing on an application for a protective order

held on or after the effective date of this Act regardless of the

date the application is filed.

SECTION 4. Section 85.022(b-1), Family Code, as added by

this Act, applies only to a protective order for which a hearing is

held on or after the effective date of this Act.

SECTION 5. This Act takes effect September 1, 2025.