CODE OF CRIMINAL PROCEDURE CHAPTER 7A.

PROTECTIVE ORDER FOR VICTIM OF SEXUAL ASSAULT

Art. 7A.01. Application for Protective Order

(a) A person who is the victim of an offense under Section 22.011 or
22.021, Penal Code, or a prosecuting attorney acting on behalf of
the person, may file an application for a protective order under
this chapter without regard to the relationship between the
applicant and the alleged offender.

(b) An application for a protective order under this chapter may be
filed in a district court, juvenile court having the jurisdiction
of a district court, statutory county court, or constitutional
county court in:

(1) the county in which the applicant resides; or

(2) the county in which the alleged offender resides.

Added by Acts 2003, 78th Leg., ch. 836, Sec. 1, eff. Sept. 1, 2003.

Art. 7A.02. Temporary Ex Parte Order

If the court finds from the information contained in an application
for a protective order that there is a clear and present danger of a
sexual assault or other harm to the applicant, the court, without
further notice to the alleged offender and without a hearing, may
enter a temporary ex parte order for the protection of the applicant
or any other member of the applicant's family or household.

Added by Acts 2003, 78th Leg., ch. 836, Sec. 1, eff. Sept. 1, 2003.

Art. 7A.03. Required Findings; Issuance of Protective Order

(a) At the close of a hearing on an application for a protective
order under this chapter, the court shall find whether there are
reasonable grounds to believe that the applicant is:

(1) the victim of a sexual assault; and

(2) the subject of a threat that reasonably places the applicant in
fear of further harm from the alleged offender.

(b) If the court finds reasonable grounds to believe that the
applicant is the victim of a sexual assault and is the subject of a
threat that reasonably places the applicant in fear of further harm
from the alleged offender, the court shall issue a protective order
that includes a statement of the required findings.

Added by Acts 2003, 78th Leg., ch. 836, Sec. 1, eff. Sept. 1, 2003.

Art. 7A.04. Application of Other Law

To the extent applicable, except as otherwise provided by this
chapter, Title 4, Family Code, applies to a protective order issued
under this chapter.

Added by Acts 2003, 78th Leg., ch. 836, Sec. 1, eff. Sept. 1, 2003.

Art. 7A.05. Conditions Specified by Order

(a) In a protective order issued under this chapter, the court may:

(1) order the alleged offender to take action as specified by the
court that the court determines is necessary or appropriate to
prevent or reduce the likelihood of future harm to the applicant or
a member of the applicant's family or household; or

(2) prohibit the alleged offender from:

(A) communicating directly or indirectly with the applicant or any
member of the applicant's family or household in a threatening or
harassing manner;

(B) going to or near the residence, place of employment or business,
or child-care facility or school of the applicant or any member of
the applicant's family or household;

(C) engaging in conduct directed specifically toward the applicant
or any member of the applicant's family or household, including
following the person, that is reasonably likely to harass, annoy,
alarm, abuse, torment, or embarrass the person; and

(D) possessing a firearm, unless the alleged offender is 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.

(b) In an order under Subsection (a)(2)(B), the court shall
specifically describe each prohibited location and the minimum
distance from the location, if any, that the alleged offender must
maintain. This subsection does not apply to an order with respect
to which the court has received a request to maintain
confidentiality of information revealing the locations.

(c) In a protective order, the court may suspend a license to carry
a concealed handgun issued under Section 411.177, Government Code,
that is held by the alleged offender.

Added by Acts 2003, 78th Leg., ch. 836, Sec. 1, eff. Sept. 1, 2003.

Art. 7A.06. Warning on Protective Order

(a) Each protective order issued under this chapter, including a
temporary ex parte order, must contain the following prominently
displayed statements in boldfaced type, capital letters, or
underlined:

"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."

(b) Each protective order issued under this chapter, except for a
temporary ex parte order, must contain the following prominently
displayed statement in boldfaced type, capital letters, or
underlined:

"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 A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE
OFFENSE IN ADDITION TO A VIOLATION OF THIS ORDER."

Added by Acts 2003, 78th Leg., ch. 836, Sec. 1, eff. Sept. 1, 2003.

 

 

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