Family Code · §83.001

Protective Orders

Protective Orders is covered under §83.001 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Clear and present danger of family violence; Issued without notice to the respondent; Default up to 20 days; extendable in 20-day increments; Service required for enforcement against respondent.

Elements you must prove

  • Clear and present danger of family violence
  • Issued without notice to the respondent
  • Default up to 20 days; extendable in 20-day increments
  • Service required for enforcement against respondent

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Worked examples

Worked example 1

A 'temporary ex parte protective order' under Tex. Fam. Code §83 is issued when:

  1. After a full hearing
  2. From the application alone, when the court finds clear and present danger of family violence; effective up to 20 days (extendable for additional 20-day periods) Correct
  3. Only with the alleged abuser's consent
  4. Only after arrest
Why: An ex parte order issues without notice to the respondent on a finding of clear and present danger of family violence. Default duration up to 20 days, with 20-day extensions available.
Statute: Tex. Fam. Code §83.001–83.004

Statutory definitions for this topic

Temporary ex parte protective order Tex. Fam. Code §83.001–83.004
A protective order issued from the application alone, without notice to the respondent, when the court finds clear and present danger of family violence. Effective up to 20 days; extendable for additional 20-day periods.