Family Code · ch. 7

Protective Orders

Protective Orders is covered under ch. 7 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Stalking / sexual assault / trafficking victim; Application by victim or prosecuting attorney; Criminal-court framework (vs. civil Family Code); Enforced under Penal Code §25.07.

Elements you must prove

  • Stalking / sexual assault / trafficking victim
  • Application by victim or prosecuting attorney
  • Criminal-court framework (vs. civil Family Code)
  • Enforced under Penal Code §25.07

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Worked examples

Worked example 1

An ex parte temporary protective order in a stalking, sexual assault, or trafficking case — Tex. Code Crim. Proc. ch. 7B — is similar to FV protective orders but:

  1. Identical
  2. Authorized in stalking/sex-assault/trafficking cases on application by victim or prosecuting attorney; provides similar relief but is in the criminal-court framework Correct
  3. Only available with arrest
  4. Only available after conviction
Why: Ch. 7B (formerly art. 7A) provides a parallel protective-order framework for stalking, sexual assault, and trafficking victims, with similar enforcement under Penal §25.07.
Statute: Tex. Code Crim. Proc. ch. 7B