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Family Code - CHAPTER 71

TITLE 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE

SUBTITLE A. GENERAL PROVISIONS

CHAPTER 71. DEFINITIONS

71.001. Applicability of Definitions

     (a) Definitions in this chapter apply to this title.

     (b) If, in another part of this title, a term defined by this chapter has a meaning different from the meaning provided by this chapter, the meaning of that other provision prevails.

     (c) Except as provided by this chapter, the definitions in Chapter 101 apply to terms used in this title.

Added by Acts 1997, 75th Leg., ch. 34, 1, eff. May 5, 1997.

71.002. Court

     "Court" means the district court, court of domestic relations, juvenile court having the jurisdiction of a district court, statutory county court, constitutional county court, or other court expressly given jurisdiction under this title.

Added by Acts 1997, 75th Leg., ch. 34, 1, eff. May 5, 1997. Amended by Acts 1997, 75th Leg., ch. 1220, 1, eff. Sept. 1, 1997.

71.003. Family

     "Family" includes individuals related by consanguinity or affinity, as determined under Sections 573.022 and 573.024, Government Code, individuals who are former spouses of each other, individuals who are the biological parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together.

Added by Acts 1997, 75th Leg., ch. 34, 1, eff. May 5, 1997.

71.004. Family Violence

     "Family violence" means:

     (1) an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself; or

     (2) abuse, as that term is defined by Sections 261.001(1)(C), (E), and (G) by a member of a family or household toward a child of the family or household.

Added by Acts 1997, 75th Leg., ch. 34, 1, eff. May 5, 1997.

71.005. Household

     "Household" means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.

Added by Acts 1997, 75th Leg., ch. 34, 1, eff. May 5, 1997.

71.006. Member of a Household

     "Member of a household" includes a person who previously lived in a household.

Added by Acts 1997, 75th Leg., ch. 34, 1, eff. May 5, 1997.

71.007. Prosecuting Attorney

     "Prosecuting attorney" means the attorney, determined as provided in this title, who represents the state in a district or statutory county court in the county in which venue of the application for a protective order is proper.

Added by Acts 1997, 75th Leg., ch. 34, 1, eff. May 5, 1997.

71.008. Protective Order From Another Jurisdiction

     "Protective order from another jurisdiction" means a protective order rendered by a military court or a court of another state, tribe, or territory related to protecting an individual from domestic or family violence and that meets the following requirements:

     (1) the order is rendered by a court that has jurisdiction over the parties and the matter under the law of the military, state, tribe, or territory; and

     (2) the respondent is given notice and an opportunity to be heard consistent with due process either:

     (A) before the date the order was rendered; or

     (B) in the case of an ex parte order, within the time required by the jurisdiction rendering the order after the date the order is rendered, but not later than a reasonable time.

Added by Acts 1997, 75th Leg., ch. 1193, 2, eff. Sept. 1, 1997.

 

 

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