The bill amends the Family Code to establish clearer criteria for the issuance of protective orders related to family violence. It specifies that a court must issue a protective order if it finds that family violence has occurred during the two years preceding the application or if the respondent has been imprisoned for a family violence offense and released within that same timeframe. Additionally, the bill introduces a presumption of family violence if the respondent has been convicted of certain offenses against a child during the two-year period leading up to the application.
Further amendments include provisions that allow courts to issue protective orders for more than two years if the respondent has committed a felony involving family violence or has a history of previous protective orders. The bill also clarifies that the required findings for issuing a protective order can be based on probable cause for specific offenses, rather than solely on a finding of family violence. These changes will apply to applications filed on or after the effective date of the Act, which is set for September 1, 2025.
Statutes affected: Introduced: Family Code 81.001, Family Code 81.0015, Family Code 85.001 (Family Code 85, Family Code 81)
House Committee Report: Family Code 81.001, Family Code 81.0015, Family Code 85.001 (Family Code 85, Family Code 81)