Family Code · §83.001
Temporary Ex Parte Protective Order
Temporary Ex Parte Protective Order (§83.001): key points and worked practice questions for Texas peace officer exam preparation.
Key points
- Clear and present danger of family violence
- Issued without notice to the respondent
- Court may order the respondent to do or refrain from specified acts (§83.001(b))
- Duration (up to 20 days, extendable in 20-day periods) is in §83.002
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Worked examples
Worked example 1
A 'temporary ex parte protective order' under Tex. Fam. Code §83 is issued when:
- After a full hearing
- From the application alone, when the court finds clear and present danger of family violence; effective up to 20 days (extendable for additional 20-day periods) Correct
- Only with the alleged abuser's consent
- Only after arrest
Why: An ex parte order issues without notice to the respondent on a finding of clear and present danger of family violence. Default duration up to 20 days, with 20-day extensions available.
Statute: Tex. Fam. Code §83.001–83.004
Statutory definitions for this topic
- Temporary ex parte protective order Tex. Fam. Code §83.001–83.004
- A protective order issued from the application alone, without notice to the respondent, when the court finds clear and present danger of family violence. Effective up to 20 days; extendable for additional 20-day periods.