CHAPTER 7A. PROTECTIVE ORDER FOR VICTIM OF SEXUAL ASSAULT - Texas Statutes

CODE OF CRIMINAL PROCEDURE

TITLE 1. 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 21.02, 21.11, 22.011,

or 22.021, Penal Code, a parent or guardian acting on behalf of a

person younger than 17 years of age who is the victim of such an

offense, 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.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 3.05, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

882, Sec. 1, eff. September 1, 2007.

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 the victim

of a sexual assault and:

(1) is younger than 18 years of age; or

(2) regardless of age, is 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 younger than

18 years of age, or regardless of age, 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.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

882, Sec. 2, eff. September 1, 2007.

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.

Art. 7A.07. DURATION OF PROTECTIVE ORDER. (a) A protective

order issued under Article 7A.03 may be effective for the

duration of the lives of the offender and victim as provided by

Subsection (b), or for any shorter period stated in the order.

If a period is not stated in the order, the order is effective

until the second anniversary of the date the order was issued.

(b) A protective order issued under Article 7A.03 may be

effective for the duration of the lives of the offender and

victim only if the court finds reasonable cause to believe that

the victim is the subject of a threat that reasonably places the

victim in fear of further harm from the alleged offender.

(c) A victim who is 17 years of age or older or a parent or

guardian acting on behalf of a victim who is younger than 17

years of age may file at any time an application with the court

to rescind the protective order.

(d) If a person who is the subject of a protective order issued

under Article 7A.03 is confined or imprisoned on the date the

protective order is due to expire under Subsection (a), the

period for which the order is effective is extended, and the

order expires on the first anniversary of the date the person is

released from confinement or imprisonment.

(e) To the extent of any conflict with Section 85.025, Family

Code, this article prevails.

Added by Acts 2007, 80th Leg., R.S., Ch.

882, Sec. 3, eff. September 1, 2007.