Texas Families dealing with violence may apply for a protective order. The Texas Legislature has amended sections of the Texas Family Code (TFC) dealing with protective orders. Prior to the new law, a protective order could be issued for a period not to exceed two years. HB 907 and companion bills SB 789 amend theTFC Sections 85.001 and 85.025. Now the court may order a protective order for a period of more than two years. The court must state in the order a finding that the person caused serious bodily injury to the applicant or a member of the household, or was the subject of two or more previous protective orders. This is in addition to the current law that a court must find that family violence has occurred and that it will likely occur in the future.

There are some practical matters that would explain why you may need an order for more than two years. If the assailant was incarcerated for the crime and was sentenced to more than two years, the protective order would have actually expired while the person was imprisoned. The protective order would not have served to properly protect the applicant.

Another important change is SB 819 which amends the TFC section 81.010 to provide that now when there is an application for a protective order, the application may be made by a member of a dating family relationship even if it is a child. This gives teenagers some recourse. Normally a child's statements are hearsay and cannot be admitted into evidence. Now, in a hearing on an application for a protective order the hearsay statement of a child 12 years of age or younger is admissible as evidence as it is in an alleged child abuse case.

There are many new and important changes in the law. If you are involved in a family violence situation, you should consult a family law attorney.