CODE OF CRIMINAL PROCEDURE
CHAPTER 7A. PROTECTIVE ORDER FOR VICTIM OF SEXUAL ASSAULT
Art. 7A.01. APPLICATION FOR PROTECTIVE ORDER. (a) A person
who is the victim of an offense under Section 21.02, 21.11, 22.011,
or 22.021, Penal Code, a parent or guardian acting on behalf of a
person younger than 17 years of age who is the victim of such an
offense, or a prosecuting attorney acting on behalf of the person
may file an application for a protective order under this chapter
without regard to the relationship between the applicant and the
alleged offender.
(b) An application for a protective order under this chapter
may be filed in a district court, juvenile court having the
jurisdiction of a district court, statutory county court, or
constitutional county court in:
(1) the county in which the applicant resides; or
(2) the county in which the alleged offender resides.
Added by Acts 2003, 78th Leg., ch. 836, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 3.05, eff.
September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 882, Sec. 1, eff. September 1,
2007.
Art. 7A.02. TEMPORARY EX PARTE ORDER. If the court finds
from the information contained in an application for a protective
order that there is a clear and present danger of a sexual assault
or other harm to the applicant, the court, without further notice to
the alleged offender and without a hearing, may enter a temporary ex
parte order for the protection of the applicant or any other member
of the applicant's family or household.
Added by Acts 2003, 78th Leg., ch. 836, Sec. 1, eff. Sept. 1, 2003.
Art. 7A.03. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
ORDER. (a) At the close of a hearing on an application for a
protective order under this chapter, the court shall find whether
there are reasonable grounds to believe that the applicant is the
victim of a sexual assault and:
(1) is younger than 18 years of age; or
(2) regardless of age, is the subject of a threat that
reasonably places the applicant in fear of further harm from the
alleged offender.
(b) If the court finds reasonable grounds to believe that
the applicant is the victim of a sexual assault and is younger than
18 years of age, or regardless of age, the subject of a threat that
reasonably places the applicant in fear of further harm from the
alleged offender, the court shall issue a protective order that
includes a statement of the required findings.
Added by Acts 2003, 78th Leg., ch. 836, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 882, Sec. 2, eff. September 1,
2007.
Art. 7A.04. APPLICATION OF OTHER LAW. To the extent
applicable, except as otherwise provided by this chapter, Title 4,
Family Code, applies to a protective order issued under this
chapter.
Added by Acts 2003, 78th Leg., ch. 836, Sec. 1, eff. Sept. 1, 2003.
Art. 7A.05. CONDITIONS SPECIFIED BY ORDER. (a) In a
protective order issued under this chapter, the court may:
(1) order the alleged offender to take action as specified by
the court that the court determines is necessary or appropriate to
prevent or reduce the likelihood of future harm to the applicant or
a member of the applicant's family or household; or
(2) prohibit the alleged offender from:
(A) communicating directly or indirectly with the applicant
or any member of the applicant's family or household in a
threatening or harassing manner;
(B) going to or near the residence, place of employment or
business, or child-care facility or school of the applicant or any
member of the applicant's family or household;
(C) engaging in conduct directed specifically toward the
applicant or any member of the applicant's family or household,
including following the person, that is reasonably likely to
harass, annoy, alarm, abuse, torment, or embarrass the person; and
(D) possessing a firearm, unless the alleged offender is a
peace officer, as defined by Section 1.07, Penal Code, actively
engaged in employment as a sworn, full-time paid employee of a state
agency or political subdivision.
(b) In an order under Subsection (a)(2)(B), the court shall
specifically describe each prohibited location and the minimum
distance from the location, if any, that the alleged offender must
maintain. This subsection does not apply to an order with respect
to which the court has received a request to maintain
confidentiality of information revealing the locations.
(c) In a protective order, the court may suspend a license to
carry a concealed handgun issued under Section 411.177, Government
Code, that is held by the alleged offender.
Added by Acts 2003, 78th Leg., ch. 836, Sec. 1, eff. Sept. 1, 2003.
Art. 7A.06. WARNING ON PROTECTIVE ORDER. (a) Each protective
order issued under this chapter, including a temporary ex parte
order, must contain the following prominently displayed statements
in boldfaced type, capital letters, or underlined:
"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
UNLESS A COURT CHANGES THE ORDER."
"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
FIREARM OR AMMUNITION."
(b) Each protective order issued under this chapter, except
for a temporary ex parte order, must contain the following
prominently displayed statement in boldfaced type, capital
letters, or underlined:
"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE
OFFENSE IN ADDITION TO A VIOLATION OF THIS ORDER."
Added by Acts 2003, 78th Leg., ch. 836, Sec. 1, eff. Sept. 1, 2003.
Art. 7A.07. DURATION OF PROTECTIVE ORDER. (a) A
protective order issued under Article 7A.03 may be effective for
the duration of the lives of the offender and victim as provided by
Subsection (b), or for any shorter period stated in the order. If a
period is not stated in the order, the order is effective until the
second anniversary of the date the order was issued.
(b) A protective order issued under Article 7A.03 may be
effective for the duration of the lives of the offender and victim
only if the court finds reasonable cause to believe that the victim
is the subject of a threat that reasonably places the victim in fear
of further harm from the alleged offender.
(c) A victim who is 17 years of age or older or a parent or
guardian acting on behalf of a victim who is younger than 17 years
of age may file at any time an application with the court to rescind
the protective order.
(d) If a person who is the subject of a protective order
issued under Article 7A.03 is confined or imprisoned on the date the
protective order is due to expire under Subsection (a), the period
for which the order is effective is extended, and the order expires
on the first anniversary of the date the person is released from
confinement or imprisonment.
(e) To the extent of any conflict with Section 85.025,
Family Code, this article prevails.
Added by Acts 2007, 80th Leg., R.S., Ch. 882, Sec. 3, eff. September
1, 2007.