Monitoring the Session

HB 2288

bill adding a defense in protective order cases

Did not pass

Verdict: No flags

No flagsInitial review
Rep. Harold V. Dutton Jr.DHouse 142

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to an affirmative defense by the respondent to an application for a protective order.

Caption from analyzed text · version I.

Summary

Respondents can argue family violence won’t happen again. They must prove it.

This bill lets a person facing a protective order argue that family violence is not likely to happen again in the future. It touches respondents and applicants in Texas family-violence protective order cases, and the respondent must prove the claim by a preponderance of the evidence. A judge who finds family violence occurred would no longer be required to issue a protective order against that person if the respondent proves this defense, starting with applications filed on or after September 1, 2025.

Labels

Labels: STALLED AFTER COMMITTEE. Voted out of the House Judiciary & Civil Jurisprudence committee 6-3 on May 1, 2025. Placed on the General State Calendar on May 13, 2025. The bill died.

Receipt

The receipt

89R-HB2288 · 2025-01-30

SOLD BY

Rep. Harold V. Dutton Jr.DHouse 142

ITEM

relating to an affirmative defense by the respondent to an application for a protective order.

WHAT IT DOES

Respondents can argue family violence won’t happen again. They must prove it.

This bill lets a person facing a protective order argue that family violence is not likely to happen again in the future. It touches respondents and applicants in Texas family-violence protective order cases, and the respondent must prove the claim by a preponderance of the evidence. A judge who finds family violence occurred would no longer be required to issue a protective order against that person if the respondent proves this defense, starting with applications filed on or after September 1, 2025.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version H · source

Sources

Fiscal note · version H · May 5, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to s/c on Family & Fiduciary Relationships by Speaker
  4. Scheduled for public hearing in s/c on . . .
  5. Considered by s/c in public hearing
  6. Testimony taken/registration(s) recorded in subcommittee
  7. Left pending in subcommittee
  8. Recalled from subcommittee
  9. Considered in formal meeting
  10. Failed to receive affirmative vote in comm.
  11. Considered in formal meeting
  12. Vote reconsidered in committee
  13. Committee substitute considered in committee
  14. Reported favorably as substituted
  15. Comte report filed with Committee Coordinator
  16. Committee report distributed
  17. Committee report sent to Calendars
  18. Considered in Calendars
  19. Placed on General State Calendar
FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Harold V. Dutton Jr.

Donors

Texas Trial Lawyers Association PAC$66KTexas Sands PAC$58KCharter Schools Now PAC$36K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Jul 29, 2024 to Oct 17, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texas Trial Lawyers Association PAC$65,748.00

Texas Trial Lawyers Association PAC

$65,748.00

Cash
$32,500.00
Paid by others
$33,248.00
Total
$65,748.00
mail $33,248.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 10, 2024 to Oct 17, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100986461, 101011085, 101033172, 101044523, 101044526, 101072841.

Texas Sands PAC$58,000.00

Texas Sands PAC

$58,000.00

Cash
$58,000.00
Paid by others
$0.00
Total
$58,000.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 10, 2024 to Feb 3, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100986461, 101044526.

Charter Schools Now PAC$36,000.00

Charter Schools Now PAC

$36,000.00

Cash
$1,000.00
Paid by others
$35,000.00
Total
$36,000.00
Other filed descriptions $35,000.00

Also funds 89 other sitting lawmakers.

Derived recipient stock · Oct 29, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jan 22, 2026 to Feb 28, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101044523, 101061631.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texas Trial Lawyers Association PAC

$65,748.00

Cash
$32,500.00
Paid by others
$33,248.00
Total
$65,748.00
mail $33,248.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 10, 2024 to Oct 17, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100986461, 101011085, 101033172, 101044523, 101044526, 101072841.

×

Texas Sands PAC

$58,000.00

Cash
$58,000.00
Paid by others
$0.00
Total
$58,000.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 10, 2024 to Feb 3, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100986461, 101044526.

×

Charter Schools Now PAC

$36,000.00

Cash
$1,000.00
Paid by others
$35,000.00
Total
$36,000.00
Other filed descriptions $35,000.00

Also funds 89 other sitting lawmakers.

Derived recipient stock · Oct 29, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jan 22, 2026 to Feb 28, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101044523, 101061631.

Votes

No floor vote loaded for this bill.

Witnesses14
For
10
Against
3
On
1
Names

For

  • SAPOA1 registration
  • Self4 registrations
  • Self; 280th Judicial District Court1 registration
  • Self; Self1 registration
  • Self; Statutory Probate Courts of Texas1 registration
  • Self; Texas Family Law Foundation1 registration
  • Texas Family Law Foundation1 registration

Against

  • San Antonio Police Officers Association1 registration
  • Self; Keep Girls Safe Foundation1 registration
  • TMPA1 registration

On

  • Texas Council on Family Violence1 registration
Sources

14 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version H · source

Sources

Fiscal note · version H · May 5, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

Sources

Texas House · Filed Jan 30, 2025

05/13/2025 H Placed on General State Calendar

Texas Legislature Online · Introduced · House Committee Report

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Judiciary & Civil Jurisprudence · Committee vote 6 aye, 3 nay, 2 absent · Out of committee

Subjects

Criminal Procedure--General

Family--Family Violence

PROTECTIVE ORDERS

Text

The text as introduced · 291 words

89R3682 AMF-F

By: Dutton
H.B. No. 2288

A BILL TO BE ENTITLED

AN ACT

relating to an affirmative defense by the respondent to an

application for a protective order.

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

SECTION 1. Subchapter B, Chapter 82, Family Code, is

amended by adding Section 82.023 to read as follows:

Sec. 82.023. AFFIRMATIVE DEFENSE. (a) A respondent to an

application for a protective order may plead as an affirmative

defense that family violence is not likely to occur in the future.

(b) A respondent has the burden of proving an affirmative

defense under Subsection (a) by a preponderance of the evidence.

SECTION 2. Section 85.001(b), Family Code, is amended to

read as follows:

(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 , unless the person establishes an affirmative

defense as provided by Section 82.023 ; 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.

SECTION 3. Section 82.023, Family Code, as added by this

Act, applies to an application for a protective order that is filed

on or after the effective date of this Act. An application for a

protective order filed before the effective date of this Act is

governed by the law in effect on the date the application is filed,

and the former law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2025.