Bill

SB 257

85(R) - 2017
Senate State Affairs
Senate State Affairs
Criminal Procedure

Companion Bill

HB 472

Vote Recommendation

Vote Yes; Amend
  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Positive

Author(s)

Van Taylor

Bill Caption

Relating to judicial review of protective orders and the duration of those orders. 

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

This bill would modify the portion of the Family Code that pertains to protective orders. If passed, this bill would prohibit the subject of a protective order from making more than one motion to request the court to review the protective order, and determine if there is a continuing need for the order. A subsequent motion may not be filed earlier than a year from the judiciary‚Äôs previous finding. 

In addition, a motion may not be filed to challenge a protective order, if the protective order was issued for a victim of sexual assault or abuse, stalking, or trafficking. 

Vote Recommendation Notes

It is certainly within the proper role of government to establish rules pertaining to protective orders. This bill would better protect victims of serious and repeated family violence, and in doing so it upholds our commitment to individual liberty. However, we would be more confident if this legislation specified that this restriction pertains to each individual protective order, or if a person who is subject of multiple protective orders would only have one opportunity to challenge the protective orders as a whole.  

Organizations Supporting

The Texas Council on Family Violence