Family Code · §85.021

Protective Orders

Protective Orders is covered under §85.021 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Prohibit acts of FV / threats / harassment; Prohibit going near residence, place of employment, child's school/daycare; Prohibit possession of firearms (federal Lautenberg overlay in many cases); Require attendance at battering intervention program.

Elements you must prove

  • Prohibit acts of FV / threats / harassment
  • Prohibit going near residence, place of employment, child's school/daycare
  • Prohibit possession of firearms (federal Lautenberg overlay in many cases)
  • Require attendance at battering intervention program

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Worked examples

Worked example 1

Under Tex. Fam. Code §85.022 (final protective orders), the court may order the respondent to:

  1. Only stay away from the protected person
  2. Multiple specific prohibitions: prohibiting communication, going near residence/place of employment/child's school, possessing a firearm, and other listed conditions; AND order participation in a battering intervention/prevention program (BIPP) Correct
  3. Only pay restitution
  4. Only relinquish custody
Why: The final protective order can prohibit communication, proximity to residence/work/school, firearm possession (federal Lautenberg also applies in many cases), and require completion of a battering intervention and prevention program.
Statute: Tex. Fam. Code §85.021–85.022