Form 17-3

If protective orders are granted against both the applicant and the respondent, two separate orders are required. Tex. Fam. Code § 85.003.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Final Protective Order

1.Date of Hearing

On [date] the Court heard the Application of [name of applicant] for a Protective Order.

2.Appearances

Appearances

2.A.Applicant

1.In Person and by Attorney

Applicant, [name of applicant], appeared in person and through attorney of record, [name], and announced ready.

2.Agreement

Applicant, [name of applicant], did not appear in person but has agreed to the terms of this order as evidenced by Applicant’s signature below.

2.B.Respondent

Respondent, [name of respondent],

1.In Person

appeared in person and announced ready.

2.By Attorney

appeared through attorney of record, [name], and announced ready.

3.In Person and by Attorney

appeared in person and through attorney of record, [name], and announced ready.

4.Did Not Appear (Default)

although duly and properly cited, did not appear and wholly made default.

5.Agreement

has made a general appearance and has agreed to the terms of this order to the extent permitted by law, as evidenced by Respondent’s signature below.

2.C.Agreed Order
§ 85.005

The Court finds that the parties have agreed in writing to the terms under section 85.021 of the Texas Family Code set out below, and the Court approves that agreement. The Court further finds that the parties have been informed that the agreed order is enforceable civilly or criminally.

The Court finds that Respondent has agreed in writing to the terms under section 85.022 of the Texas Family Code set out below, and the Court approves that agreement.

3.Jurisdiction

Jurisdiction

The Court, after examining the record and hearing the evidence and argument of counsel, finds that all necessary prerequisites of the law have been satisfied and that this Court has jurisdiction over the parties and subject matter of this case.

4.Findings

Findings

The Court finds that [clearly state the relationship of the parties]. [Include if applicable: The Court further finds that Applicant and Respondent are intimate partners pursuant to 18 U.S.C. § 921(a)(32).]

4.A.Violation of Expired Order
§ 85.002

The Court finds that Respondent has violated a protective order by com­mitting an act prohibited by the order as provided by section 85.022 of the Texas Family Code, that the order was in effect at the time of the violation, and that the order has expired after the date that the violation occurred. The Court further finds that a protective order is necessary and in the best interest of the [family/household/member of the family or household]. [If relief under Tex. Fam. Code § 85.022(b)(2)(C) (communicating only through attorney or person appointed by the court) is granted, include findings of good cause.]

4.B.Violence
§ 85.001(b)

The Court finds that family violence has occurred and that family vio­lence is likely to occur in the future. [Include if order is not agreed: The Court finds that Respondent, [name], has committed family violence.] The Court finds that the following protective orders are for the safety and welfare and in the best interest of Applicant [include if applicable: and other members of the [family/household]] and are necessary for the prevention of family violence. [If relief under Tex. Fam. Code § 85.022(b)(2)(C) (communicating only through attorney or person appointed by the court) is granted, include findings of good cause.]

4.C.Presumption
§ 81.0015

The Court finds that family violence has occurred and is likely to occur in the future based on the fact that Respondent was convicted of or placed on deferred adjudication community supervision for an offense against the child[ren] for whom the suit was filed for an offense under [title 5 of the Texas Penal Code with an affirmative finding that the offense involved family vio­lence under article 42.013 of the Texas Code of Criminal Procedure/title 6 of the Texas Penal Code], Respondent’s parental rights with respect to the child[ren] have been terminated, and Respondent is seeking or attempting to seek contact with the child[ren].

4.D.Child Subject to Court’s Jurisdiction
§ 82.007

The Court finds that Respondent, who has committed family violence, is a child subject to the continuing jurisdiction of a court under the Texas Family Code.

5.“Protected Person”

“Protected Person”

In this order, “Protected Person” means [Applicant/[name[s] of mem­ber[s] of family or household]/Applicant and [name[s] of member[s] of family or household]]. [If any specific relief is not intended to apply to all the identified protected persons, the relevant person[s] must be specifically named in the par­ticular item.]

6.Orders

Orders

IT IS ORDERED that Respondent, [name], is:

6.A.Family Violence

1.Prohibited from committing family violence [specify as neces­sary], as defined in section 71.004 of the Texas Family Code.

2.Prohibited from doing any act [include if dating violence: other than a defensive measure to protect Respondent] that is intended to result in physi­cal harm, bodily injury, assault, or sexual assault against [any] Protected Per­son.

3.Prohibited from doing any act [include if dating violence: other than a defensive measure to protect Respondent] that is a threat that reasonably places [any] Protected Person in fear of imminent physical harm, bodily injury, assault, or sexual assault.

4.Prohibited from committing abuse of a child of the family or household as defined by Texas Family Code section 261.001(1)(C), (E), (G), (H), (I), (J), (K), and (M). [If specific acts of child abuse are to be addressed in the order, list the acts intended to be covered.]

6.B.Communicating

5.Prohibited from communicating directly with [any] Protected Per­son in a threatening or harassing manner.

6.Prohibited from communicating a threat through any person to [any] Protected Person.

7.Prohibited, on the basis of good cause shown, from communicating in any manner with [any] Protected Person except through Respondent’s attor­ney or [name of person appointed by court].

6.C.Stalking

8.Prohibited from engaging in conduct directed specifically toward [any] Protected Person, including following [the] Protected Person, that is rea­sonably likely to harass, annoy, alarm, abuse, torment, or embarrass [the] Pro­tected Person.

6.D.Going Near Protected Person

9.Prohibited from going to or near, or within [specify distance] of, any location where [any] Protected Person is known by Respondent to be and further prohibited from remaining within [specify distance] after Respondent becomes aware of [the] Protected Person’s presence.

6.E.Going to Residence or Business

10.Prohibited from going to or near the residence[s] or place[s] of employment or business of [any] Protected Person. [Unless the information is excluded, specifically describe prohibited location[s] and minimum distance[s] therefrom, if any, that respondent must maintain.]

6.F.Going to Child[ren]’s Residence, Child Care Facility, or School

11.Prohibited from going to or near the residence[s], child care [facility/facilities], or school[s] [name[s] of child[ren] protected under the order] normally attend[s] or in which [name[s]] normally reside[s]. [Unless the information is excluded, specifically describe prohibited location[s] and mini­mum distance[s] therefrom, if any, that respondent must maintain.]

6.G.Removing Child[ren]

12.Prohibited from removing [name[s] of child[ren] of family or house­hold] from the [possession of [name]/jurisdiction of the Court].

6.H.Harming Animal

13.Prohibited from harming, threatening, or interfering with the care, custody, or control of a pet, companion animal, or assistance animal, as defined by section 121.002 of the Texas Human Resources Code, that is pos­sessed by or in the actual or constructive care of [any] Protected Person.

6.I.Disposing of Property

14.Prohibited from transferring, encumbering, or otherwise disposing of property mutually owned or leased by the parties, except when in the ordi­nary course of business.

6.J.Possessing Firearm or Ammunition

15.Prohibited from possessing a firearm or ammunition, unless Respondent is a peace officer, as defined by section 1.07 of the Texas Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision.

6.K.Interfering with Use of Residence

16.Prohibited from interfering with Applicant’s use of the residence located at [address, city, state], including but not limited to disconnecting util­ities or telephone service or causing such services to be disconnected.

6.L.Suspension of Handgun License

IT IS ORDERED that the license to carry a handgun that was issued to Respondent, [name of respondent], under subchapter H, chapter 411, of the Texas Government Code is suspended.

6.M.Possession of Residence

IT IS ORDERED that Applicant, [name of applicant], is granted exclu­sive possession of the residence located at [address, city, state].

6.N.Treatment or Counseling

IT IS ORDERED that Respondent [complete a battering intervention and prevention program accredited under article 42.141 of the Texas Code of Criminal Procedure at [specify program]/counsel with [select the appropriate person or agency, such as a social worker, family services agency, physician, psychologist, licensed therapist, or licensed professional counselor who has completed family violence intervention training as required under Tex. Fam. Code § 85.022(a)(3)]].

IT IS FURTHER ORDERED that Respondent file with the Court, before the sixtieth day after the date this order is rendered, an affidavit stating either that Respondent has started the [program/counseling] or that the [pro­gram/counseling] is not available within a reasonable distance of Respondent’s residence. IT IS FURTHER ORDERED that, if Respondent files an affidavit that Respondent has started the [program/counseling], Respondent shall file with the Court before the date this protective order expires (1) a statement that Respondent completed the [program/counseling] not later than the earlier of the thirtieth day before this protective order expires or the thirtieth day before the first anniversary of the date this protective order is issued and (2) a letter, notice, or certificate from the [program/counselor] that verifies Respondent’s completion of the [program/counseling]. If Respondent fails to provide the affidavit and, if required, the statement and verification of completion of the [program/counseling], as ordered, Respondent may be punished for contempt of court, as provided by section 21.002 of the Texas Government Code, by a fine not to exceed $500, by confinement in jail for a term not to exceed six months, or by both.

6.O.Use of Property

IT IS ORDERED that Applicant, [name of applicant], is awarded exclu­sive use and possession of the following property: [describe property].

6.P.Possession of Child[ren]

IT IS ORDERED that Applicant is granted exclusive possession of the child[ren], [name[s]].

IT IS ORDERED that Respondent, [name of respondent], is granted possession of and access to Respondent’s child[ren], [name[s]], as follows: [specify times and conditions for possession or access]. IT IS FURTHER ORDERED that Applicant shall have possession of the child[ren] at all times not specifically granted to Respondent in this order.

6.Q.Support (Child)

IT IS ORDERED that [name] pay to [name] for the support of [name[s] of child[ren]] [number] dollars ($[amount]) per [week/month], with the first payment being due and payable on [date] and a like payment being due and payable on the [specify] day of each [week/month] thereafter until further order of this Court. IT IS ORDERED that all payments shall be made [directly to [name, address]/through [name and address of local registry] and then remitted by that agency to [name] for the support of the child[ren]].

6.R.Support (Nonchild)

IT IS ORDERED that [name] pay to [name] for [his/her] support [num­ber] dollars ($[amount]) per [week/month], with the first payment being due and payable on [date] and a like payment being due and payable on the [spec­ify] day of each [week/month] thereafter until further order of this Court. IT IS ORDERED that all payments shall be made [directly to [name, address]/through [name and address of local registry] and then remitted by that agency to [name]].

6.S.Vacating Residence

IT IS ORDERED that Respondent, [name of respondent], vacate the residence located at [address, city, state], by [time] on [date].

6.T.Accompaniment by Law Enforcement Officer

IT IS FURTHER ORDERED that the [chief of police of the municipal­ity of [municipality]/sheriff of [county] County/constable of Precinct [designa­tion] of [county] County], Texas, is ORDERED to provide a law enforcement officer from [his/her] department to accompany Applicant, [name of appli­cant], to the residence at [address, city, state], to inform Respondent that the Court has ordered Respondent excluded from the residence, to protect Appli­cant while Applicant takes possession of the residence and Respondent takes possession of Respondent’s necessary personal property, and, if Respondent refuses to vacate the residence, to remove Respondent from the residence and arrest Respondent for violating the Court’s order.

6.U.Reduction of Likelihood of Family Violence

To prevent or reduce the likelihood of further acts of family violence, IT IS ORDERED that Respondent, [name of respondent], is required to perform the following: [list any additional acts or requirements the court finds will pre­vent or reduce the likelihood of family violence].

7.Confidential Information
§ 82.011

Confidential Information

IT IS ORDERED that Applicant, [name], disclose [her/his] mailing address to the Court, that [she/he] designate a person to receive on [her/his] behalf any notice or documents filed with the Court related to the application, and that [she/he] disclose the designated person’s mailing address to the Court.

IT IS FURTHER ORDERED that the clerk of the Court strike Appli­cant’s mailing address from the public records of the Court, if applicable, that the clerk maintain a confidential record of Applicant’s mailing address for use only by the Court, and that the clerk prohibit the release of the information to Respondent.

8.Attorney’s Fees
§§ 81.005–.006 

Attorney’s Fees

The Court finds that [name] should be assessed [number] dollars ($[amount]) as reasonable attorney’s fees for the services of [name of attor­ney]. IT IS ORDERED that [name of attorney/[county] County, Texas,/the State of Texas] is awarded judgment of [number] dollars ($[amount]) for legal services rendered. The judgment, for which let execution issue, is awarded against [name]. [Include if applicable: The amount collected under this judg­ment shall be paid to [the credit of the county fund from which the salaries of employees of the prosecuting attorney are paid or supplemented/the general revenue fund to the credit of the Department of Family and Protective Ser­vices].]

9.Fees, Charges, and Expenses
§ 81.003

Fees, Charges, and Expenses

IT IS ORDERED that [name] shall pay the $16 protective order fee, the standard fee for cost of service of this order, the costs of court, and all other fees, charges, or expenses incurred in connection with this order.

IT IS THEREFORE ORDERED that Respondent shall pay [number] dollars ($[amount]) to the clerk of this Court on or before [[date]/the sixtieth day after the date this order is rendered] at [address] by cash, cashier’s check, or money order.

10.Relief Not Granted

Relief Not Granted

IT IS ORDERED that all relief requested in the Application for Protec­tive Order but not expressly granted is denied.

11.Forwarding of Order
§ 85.042

Order Forwarded

A copy of this order, along with the information provided by [Applicant/Applicant’s attorney] that is required under section 411.042(b)(6) of the Texas Government Code, shall be forwarded by the clerk of this Court to [the chief of police of the municipality of [municipality]/the sheriff and appropriate consta­ble of [county] County], Texas, [include if applicable: and the title IV-D agency] no later than the next business day after the date the Court issues this order. [Include if applicable: A copy of this order shall be forwarded by the clerk of this Court to the [staff judge advocate at Joint Force Headquarters/pro­vost marshal of [specify military installation]] if Applicant or attorney for Applicant provides the mailing address to the clerk of this Court.] [Include if applicable: A copy of this order shall be forwarded by the clerk of this Court to [specify child care facility and/or school].]

12.Effective Period
§ 85.025

Effective Period

12.A.Two Years or Less
§ 85.025(a)

This order shall continue in full force and effect until [date no more than two years after date order issued].

12.B.Longer than Two Years
§ 85.025(a–1)

12.B.1.Commission of Felony§ 85.025(a–1)(1)

The Court finds that Respondent committed an act constituting a felony offense involving family violence against [Applicant/[name[s] of member[s] of family or household]/Applicant and [name[s] of member[s] of family or house­hold]].

12.B.2.Serious Bodily Injury
§ 85.025(a–1)(2)

The Court finds that Respondent caused serious bodily injury to [Appli­cant/[name[s] of member[s] of family or household]/Applicant and [name[s] of member[s] of family or household]].

12.B.3.Previous Protective Orders
§ 85.025(a–1)(3)

The Court finds that Respondent was the subject of two or more previ­ous protective orders rendered to protect the same person or persons that this order will protect, and the previous protective orders were rendered by a court after a finding by the court that Respondent had committed family violence and was likely to commit family violence in the future.

12.B.4.Order for Extended Term

IT IS THEREFORE ORDERED that this order shall continue in full force and effect until [date more than two years after date order issued].

13.Previously Issued Order under Code of Criminal Procedure
Tex. Code Crim. Proc. art. 17.292(f–1)

Effect on Previous Order

The Court finds that an order for emergency protection has been previ­ously issued under article 17.292 of the Texas Code of Criminal Procedure. The Court further finds that, pursuant to article 17.292(f–1) of the Texas Code of Criminal Procedure, to the extent that a condition imposed by that previ­ously issued order conflicts with a condition imposed by this order, this order supersedes the order previously issued under article 17.292 of the Texas Code of Criminal Procedure.

14.Notice Regarding Child Custody Enforcement
§ 105.006(e–1)

Enforcement of Child Custody Provisions

Notice to any peace officer of the state of Texas: You may use reasonable efforts to enforce the terms of child custody specified in this order. A peace officer who relies on the terms of a court order and the officer’s agency are entitled to the applicable immu­nity against any claim, civil or otherwise, regarding the officer’s good faith acts performed in the scope of the officer’s duties in enforcing the terms of the order that relate to child custody. Any person who knowingly presents for enforcement an order that is invalid or no longer in effect commits an offense that may be pun­ishable by confinement in jail for as long as two years and a fine of as much as $10,000.

15.Warnings

•Required in All Protective Orders
§ 85.026

Warnings:

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.

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 family violence may be prosecuted as a separate misde­meanor or felony offense. If the act is prosecuted as a separate fel­ony offense, it is punishable by confinement in prison for at least two years.

18 USC §§ 922(g)(8), 924(a)(2), (e)

It is unlawful for any person who is subject to a protective order to possess a firearm or ammunition. Possession of a firearm or ammunition, as defined in 18 U.S.C. § 921, while this protective order is in effect may be a felony under federal law punishable by up to ten years in prison, a $250,000 fine, or both.

18 USC § 925(a)(1)

Pursuant to 18 U.S.C. § 925(a)(1), the restrictions on possession of firearms or ammunition found at 18 U.S.C. § 922(g)(8), and imposed by this protective order, do not apply to firearms or ammunition issued by the United States or any department or agency thereof or any state or any department, agency, or political subdivision thereof, which Respondent possesses in connection with the dis­charge of official government duties. The possession of privately-owned firearms and ammunition, however, remains unlawful and violates the terms of this protective order.

TPenC § 46.06(a)(6), (b)(2)

It is unlawful for any person who is subject to a protective order to knowingly purchase, rent, lease, or receive as a loan or gift from another, a handgun for the duration of this order.

18 USC §§ 2262, 2266

Interstate violation of this protective order may subject Respondent to federal criminal penalties. This protective order is enforceable in all fifty states, the District of Columbia, tribal lands, and U.S. territories.

16.Date of Order

Date of Order

SIGNED on ___________________________________.

This order judicially PRONOUNCED AND RENDERED in court at [city, county] County, Texas, on [date] and further noted on the court’s docket sheet on the same date, but signed on ________________________________.

   
JUDGE PRESIDING

APPROVED AS TO FORM ONLY:

   
[Name]
Attorney for Applicant
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]

   
[Name]
Attorney for Respondent
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]

APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE:

   
Respondent

   
Applicant