CHAPTER 84. HEARING
FAMILY CODE
TITLE 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE
SUBTITLE B. PROTECTIVE ORDERS
CHAPTER 84. HEARING
Sec. 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.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Sec. 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 1.5 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.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 12, eff. Sept. 1,
1997.
Sec. 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.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Sec. 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.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Sec. 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.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 6.10(a), eff. Sept.
1, 1999.