Family Code · §85.001

Family Violence Definitions

Family Violence Definitions is covered under §85.001 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Family violence has occurred; Family violence is likely to occur in the future; Court findings on the record.

Elements you must prove

  • Family violence has occurred
  • Family violence is likely to occur in the future
  • Court findings on the record

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Worked examples

Worked example 1

Under Tex. Fam. Code §85.001, on a final hearing the court must find that:

  1. Anything happened
  2. Family violence has occurred AND is likely to occur in the future, OR the respondent committed family violence in compliance with conditions in the order — to render a final protective order Correct
  3. Only past violence
  4. Only future risk
Why: Final protective order requires findings of both PAST family violence AND likelihood of FUTURE family violence (or court evaluation of respondent's compliance / lack thereof).
Statute: Tex. Fam. Code §85.001