Family Code · §85.001

Required Findings for a Protective Order

Q: Under Tex. Fam. Code §85.001, on a final hearing the court must find that:

Whether family violence has occurred §85.001(a): at the close of a hearing on an application for a protective order, the court shall find whether family violence has occurred. Under §81.001 the court shall render a protective order if it finds that family violence has occurred; the former requirement that family violence also be likely to occur in the future was removed in 2023.

Required Findings for a Protective Order (§85.001): key points and worked practice questions for Texas peace officer exam preparation.

Key points

Court finds whether family violence has occurred (§85.001(a))
Order rendered if family violence occurred (§81.001)
No separate future-likelihood finding required

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Worked examples

Worked example 1

Under Tex. Fam. Code §85.001, on a final hearing the court must find that:

Anything happened
Whether family violence has occurred Correct
Family violence has occurred AND is likely to occur in the future
Only future risk

Why: §85.001(a): at the close of a hearing on an application for a protective order, the court shall find whether family violence has occurred. Under §81.001 the court shall render a protective order if it finds that family violence has occurred; the former requirement that family violence also be likely to occur in the future was removed in 2023.

Statute: Tex. Fam. Code §85.001