CHAPTER 81. GENERAL PROVISIONS
FAMILY CODE
TITLE 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE
SUBTITLE B. PROTECTIVE ORDERS
CHAPTER 81. GENERAL PROVISIONS
Sec. 81.001. ENTITLEMENT TO PROTECTIVE ORDER. A court shall
render a protective order as provided by Section 85.001(b) if the
court finds that family violence has occurred and is likely to
occur in the future.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Sec. 81.002. NO FEE FOR APPLICANT. An applicant for a
protective order or an attorney representing an applicant may not
be assessed a fee, cost, charge, or expense by a district or
county clerk of the court or a sheriff, constable, or other
public official or employee in connection with the filing,
serving, or entering of a protective order or for any other
service described by this subsection, including:
(1) a fee to dismiss, modify, or withdraw a protective order;
(2) a fee for certifying copies;
(3) a fee for comparing copies to originals;
(4) a court reporter fee;
(5) a judicial fund fee;
(6) a fee for any other service related to a protective order;
or
(7) a fee to transfer a protective order.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 3, eff. Sept. 1,
1997.
Sec. 81.003. FEES AND COSTS PAID BY PARTY FOUND TO HAVE
COMMITTED FAMILY VIOLENCE. (a) Except on a showing of good
cause or of the indigence of a party found to have committed
family violence, the court shall require in a protective order
that the party against whom the order is rendered pay the $16
protective order fee, the standard fees charged by the clerk of
the court in a general civil proceeding for the cost of serving
the order, the costs of court, and all other fees, charges, or
expenses incurred in connection with the protective order.
(b) The court may order a party against whom an agreed
protective order is rendered under Section 85.005 to pay the fees
required in Subsection (a).
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 4, eff. Sept. 1,
1997.
Sec. 81.004. CONTEMPT FOR NONPAYMENT OF FEE. (a) A party who
is ordered to pay fees and costs and who does not pay before the
date specified by the order may be punished for contempt of court
as provided by Section 21.002, Government Code.
(b) If a date is not specified by the court under Subsection
(a), payment of costs is required before the 60th day after the
date the order was rendered.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 5, eff. Sept. 1,
1997.
Sec. 81.005. ATTORNEY'S FEES. (a) The court may assess
reasonable attorney's fees against the party found to have
committed family violence or a party against whom an agreed
protective order is rendered under Section 85.005 as compensation
for the services of a private or prosecuting attorney or an
attorney employed by the Department of Protective and Regulatory
Services.
(b) In setting the amount of attorney's fees, the court shall
consider the income and ability to pay of the person against whom
the fee is assessed.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 6, eff. Sept. 1,
1997.
Sec. 81.006. PAYMENT OF ATTORNEY'S FEES. The amount of fees
collected under this chapter as compensation for the fees:
(1) of a private attorney shall be paid to the private attorney
who may enforce the order for fees in the attorney's own name;
(2) of a prosecuting attorney shall be paid to the credit of the
county fund from which the salaries of the employees of the
prosecuting attorney are paid or supplemented; and
(3) of an attorney employed by the Department of Protective and
Regulatory Services shall be deposited in the general revenue
fund to the credit of the Department of Protective and Regulatory
Services.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Sec. 81.007. PROSECUTING ATTORNEY. (a) The county attorney or
the criminal district attorney is the prosecuting attorney
responsible for filing applications under this subtitle unless
the district attorney assumes the responsibility by giving notice
of that assumption to the county attorney.
(b) The prosecuting attorney responsible for filing an
application under this subtitle shall provide notice of that
responsibility to all law enforcement agencies in the
jurisdiction of the prosecuting attorney.
(c) The prosecuting attorney shall comply with Article 5.06,
Code of Criminal Procedure, in filing an application under this
subtitle.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Sec. 81.0075. REPRESENTATION BY PROSECUTING ATTORNEY IN CERTAIN
SUBSEQUENT ACTIONS. A prosecuting attorney who represents a
party in a proceeding under this subtitle is not precluded from
representing the Department of Protective and Regulatory Services
in a subsequent action involving the party.
Added by Acts 1997, 75th Leg., ch. 1193, Sec. 7, eff. Sept. 1,
1997.
Sec. 81.008. RELIEF CUMULATIVE. Except as provided by this
subtitle, the relief and remedies provided by this subtitle are
cumulative of other relief and remedies provided by law.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Sec. 81.009. APPEAL. (a) Except as provided by Subsections (b)
and (c), a protective order rendered under this subtitle may be
appealed.
(b) A protective order rendered against a party in a suit for
dissolution of a marriage may not be appealed until the time the
final decree of dissolution of the marriage becomes a final,
appealable order.
(c) A protective order rendered against a party in a suit
affecting the parent-child relationship may not be appealed until
the time an order providing for support of the child or
possession of or access to the child becomes a final, appealable
order.
Added by Acts 2005, 79th Leg., Ch.
916, Sec. 2, eff. June 18, 2005.