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Texas Government Code - GOV'T § 72.039. Protective Order Applications, Forms, and Materials

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) The office shall develop and make available on the office's Internet website standardized forms and other materials necessary to apply for, issue, deny, revise, rescind, serve, and enforce any of the following:

(1) a protective order under Title 4, Family Code, or Subchapter A, Chapter 7B, Code of Criminal Procedure;

(2) a magistrate's order for emergency protection under Article 17.292, Code of Criminal Procedure;  or

(3) a temporary ex parte order under Chapter 83, Family Code, or Article 7B.002, Code of Criminal Procedure.

(b) Each standardized form developed under Subsection (a) to be used by a magistrate or court issuing an order must include:

(1) the prohibitions and requirements imposed on the respondent;

(2) the duration of the order;

(3) the potential consequences of violating the order;  and

(4) any other admonishments or warnings required by law.

(c) The materials developed under Subsection (a) must include a procedure to ensure that a copy of the order is transmitted to all required parties and all relevant information required by Section 411.042(b)(6) is entered into the statewide law enforcement information system maintained by the Department of Public Safety under Section 411.042 and any other applicable databases.

(d) In developing the required applications, forms, and materials, the office shall:

(1) consult with individuals, organizations, and state agencies that have knowledge and experience in the issues of protective orders, including:

(A) the Texas Council on Family Violence;

(B) the Department of Public Safety;

(C) nonprofit organizations that advocate for the survivors of sexual assault or family violence;

(D) individuals, organizations, and state agencies that provide training to judges, prosecutors, and law enforcement officers;

(E) the judges or justices of courts of varying jurisdictions;

(F) law enforcement agencies;

(G) prosecutors;  and

(H) an organization that receives federal funding under the legal assistance for victims grant program and that has expertise in issues related to family violence, sexual assault, or stalking;  and

(2)  give consideration to promoting uniformity of law among the states that enact the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.

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Cite this article: FindLaw.com - Texas Government Code - GOV'T § 72.039. Protective Order Applications, Forms, and Materials - last updated January 01, 2024 | https://codes.findlaw.com/tx/government-code/gov-t-sect-72-039/

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