Family Code · §85.025
Protective Orders
Protective Orders is covered under §85.025 and tested on the TCOLE peace officer licensing exam.
To prove this offense, the State must establish each of the following elements: Standard up to 2-year duration; Lifetime available with felony FV / SBI / deadly weapon; Lifetime available with 2+ prior FV convictions; Lifetime against under-18 victim in certain situations.
Elements you must prove
- Standard up to 2-year duration
- Lifetime available with felony FV / SBI / deadly weapon
- Lifetime available with 2+ prior FV convictions
- Lifetime against under-18 victim in certain situations
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Worked examples
Worked example 1
A 'final protective order' under Tex. Fam. Code §85 is generally effective for:
- 30 days
- A period stated in the order, but not to exceed 2 years (with exceptions for certain serious cases — felony, SBI, repeat — that allow up to a lifetime order) Correct
- 5 years for all cases
- Only as long as criminal charges are pending
Why: Standard duration is up to 2 years. Lifetime orders are available where (a) the respondent committed a felony involving family violence resulting in SBI / use of deadly weapon, (b) the respondent has 2+ prior FV convictions, OR (c) the respondent committed FV against a victim under 18 in certain situations.
Statute: Tex. Fam. Code §85.025