Family Code · §82.001

Protective Orders

Protective Orders is covered under §82.001 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Adult family/household member (self or another); Adult dating-violence victim; Prosecuting attorney; Department of Family and Protective Services.

Elements you must prove

  • Adult family/household member (self or another)
  • Adult dating-violence victim
  • Prosecuting attorney
  • Department of Family and Protective Services

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Worked examples

Worked example 1

Under Tex. Fam. Code §82.001, who may file an application for a protective order?

  1. Only the alleged victim
  2. An adult member of the family or household for protection of self or any other family or household member; an adult who has been the victim of dating violence; the prosecuting attorney; or the Department of Family and Protective Services Correct
  3. Only law enforcement
  4. Only family law attorneys
Why: Standing to apply is broad: victims, household members on behalf of others, prosecuting attorneys, and DFPS may all file. A child can file with assistance under §82.002.
Statute: Tex. Fam. Code §82.001