Family Code · §82.001

Who May Apply for a Family Code Protective Order

Who May Apply for a Family Code Protective Order (§82.001): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • A protective-order proceeding begins by filing 'An Application for a Protective Order' with the court clerk (§82.001)
  • Who may file is set by §82.002

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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