CHAPTER 71. DEFINITIONS - Texas Statutes

FAMILY CODE

TITLE 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE

SUBTITLE A. GENERAL PROVISIONS

CHAPTER 71. DEFINITIONS

Sec. 71.001. APPLICABILITY OF DEFINITIONS. (a) Definitions in

this chapter apply to this title.

(b) If, in another part of this title, a term defined by this

chapter has a meaning different from the meaning provided by this

chapter, the meaning of that other provision prevails.

(c) Except as provided by this chapter, the definitions in

Chapter 101 apply to terms used in this title.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Sec. 71.002. COURT. "Court" means the district court, court of

domestic relations, juvenile court having the jurisdiction of a

district court, statutory county court, constitutional county

court, or other court expressly given jurisdiction under this

title.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Amended by Acts 1997, 75th Leg., ch. 1220, Sec. 1, eff. Sept. 1,

1997.

Sec. 71.0021. DATING VIOLENCE. (a) "Dating violence" means an

act by an individual that is against another individual with whom

that person has or has had a dating relationship and that is

intended to result in physical harm, bodily injury, assault, or

sexual assault or that is a threat that reasonably places the

individual in fear of imminent physical harm, bodily injury,

assault, or sexual assault, but does not include defensive

measures to protect oneself.

(b) For purposes of this title, "dating relationship" means a

relationship between individuals who have or have had a

continuing relationship of a romantic or intimate nature. The

existence of such a relationship shall be determined based on

consideration of:

(1) the length of the relationship;

(2) the nature of the relationship; and

(3) the frequency and type of interaction between the persons

involved in the relationship.

(c) A casual acquaintanceship or ordinary fraternization in a

business or social context does not constitute a "dating

relationship" under Subsection (b).

Added by Acts 2001, 77th Leg., ch. 91, Sec. 1, eff. Sept. 1,

2001.

Sec. 71.003. FAMILY. "Family" includes individuals related by

consanguinity or affinity, as determined under Sections 573.022

and 573.024, Government Code, individuals who are former spouses

of each other, individuals who are the parents of the same child,

without regard to marriage, and a foster child and foster parent,

without regard to whether those individuals reside together.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Amended by Acts 2001, 77th Leg., ch. 821, Sec. 2.03, eff. June

14, 2001.

Sec. 71.004. FAMILY VIOLENCE. "Family violence" means:

(1) an act by a member of a family or household against another

member of the family or household that is intended to result in

physical harm, bodily injury, assault, or sexual assault or that

is a threat that reasonably places the member in fear of imminent

physical harm, bodily injury, assault, or sexual assault, but

does not include defensive measures to protect oneself;

(2) abuse, as that term is defined by Sections 261.001(1)(C),

(E), and (G), by a member of a family or household toward a child

of the family or household; or

(3) dating violence, as that term is defined by Section 71.0021.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Amended by Acts 2001, 77th Leg., ch. 91, Sec. 2, eff. Sept. 1,

2001.

Sec. 71.005. HOUSEHOLD. "Household" means a unit composed of

persons living together in the same dwelling, without regard to

whether they are related to each other.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Sec. 71.006. MEMBER OF A HOUSEHOLD. "Member of a household"

includes a person who previously lived in a household.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Sec. 71.007. PROSECUTING ATTORNEY. "Prosecuting attorney" means

the attorney, determined as provided in this title, who

represents the state in a district or statutory county court in

the county in which venue of the application for a protective

order is proper.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.