Protective Order Hearings - Texas Family Law
Texas Family Law
Hearing on Protective Orders
§ 84.001. TIME SET FOR HEARING.
(a) On the filing of an application for a protective order, the court shall set a date and time for the hearing unless a later date is requested by the applicant. Except as provided by Section 84.002, the court may not set a date later than the 14th day after the date the application is filed.
(b) The court may not delay a hearing on an application in order to consolidate it with a hearing on a subsequently filed application.
§ 84.002. EXTENDED TIME FOR HEARING IN DISTRICT COURT IN CERTAIN COUNTIES.
(a) On the request of the prosecuting attorney in a county with a population of more than two million or in a county in a judicial district that is composed of more than one county, the district court shall set the hearing on a date and time not later than 20 days after the date the application is filed or 20 days after the date a request is made to reschedule a hearing under Section 84.003.
(b) The district court shall grant the request of the prosecuting attorney for an extended time in which to hold a hearing on a protective order either on a case-by-case basis or for all cases filed under this subtitle.
§ 84.003. HEARING RESCHEDULED FOR FAILURE OF SERVICE.
(a) If a hearing set under this chapter is not held because of the failure of a respondent to receive service of notice of an application for a protective order, the applicant may request the court to reschedule the hearing.
(b) Except as provided by Section 84.002, the date for a rescheduled hearing shall be not later than 14 days after the date the request is made.
§ 84.004. HEARING RESCHEDULED FOR INSUFFICIENT NOTICE.
(a) If a respondent receives service of notice of an application for a protective order within 48 hours before the time set for the hearing, on request by the respondent, the court shall reschedule the hearing for a date not later than 14 days after the date set for the hearing.
(b) The respondent is not entitled to additional service for a hearing rescheduled under this section.
§ 84.005. LEGISLATIVE CONTINUANCE.
If a proceeding for which a legislative continuance is sought under Section 30.003, Civil Practice and Remedies Code, includes an application for a protective order, the continuance is discretionary with the court.
§ 84.006. HEARSAY STATEMENT OF CHILD VICTIM OF FAMILY VIOLENCE.
In a hearing on an application for a protective order, a statement made by a child 12 years of age or younger that describes alleged family violence against the child is admissible as evidence in the same manner that a child's statement regarding alleged abuse against the child is admissible under Section 104.006 in a suit affecting the parent-child relationship.
TEXAS FAMILY CODE TITLE 4. SUBTITLE B. CHAPTER 84.