Bill Caption

Relating to protective orders.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

SB 801 would clarify when a hearing can be held for certain protective orders and whether the violation of an agreed order is enforceable as a criminal offense. Specifically, it clarifies that an agreed PO is criminally enforceable even if, in order to facilitate settlement, the court omits a finding that family violence has occurred and is likely to occur in the future. 

This bill would also provide that courts may render a default judgment for a PO as long as the respondent was served 48 hours in advance and proof of service is on file with the court.

It would also expand standing to apply for a protective order (PO) on behalf of a child or an adult under guardianship. This would include standing to any adult to apply for a sexual assault, stalking, or human trafficking PO on behalf of a child or an adult who is under guardianship.

Vote Recommendation Notes

Texas Action remains neutral on SB 801 because it does not affect our liberty principles.