§ 7B.005 — CONDITIONS SPECIFIED BY PROTECTIVE ORDER.

Texas § 7B.005

• Jurisdiction: Texas
• Code CR: Code of Criminal Procedure

Text

Art. 7B.005. CONDITIONS SPECIFIED BY PROTECTIVE ORDER. (a) In a protective order issued under this subchapter, the court may:
(1) order the alleged offender to take action as specified by the court that the court determines is necessary or appropriate to prevent or reduce the likelihood of future harm to the applicant or a member of the applicant's family or household; or
(2) prohibit the alleged offender from:
(A) communicating:
(i) directly or indirectly with the applicant or any member of the applicant's family or household in a threatening or harassing manner; or
(ii) in any manner with the applicant or any member of the applicant's family or household except through the applicant's attorney or a person appointed by the court, if the court finds good cause for the prohibition;
(B) going to or near the residence, place of employment or business, or child-care facility or school of the applicant or any member of the applicant's family or household;
(C) engaging in conduct directed specifically toward the applicant or any member of the applicant's family or household, including following the person, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass the person;
(D) possessing a firearm, unless the alleged offender is a peace officer, as defined by Section 1.07 , Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision; and
(E) tracking or monitoring personal property or a motor vehicle in the possession of the applicant or of a member of the applicant's family or household, without the applicant's effective consent, including by:
(i) using a tracking application on a personal electronic device in the possession of the applicant or the family or household member or using a tracking device; or
(ii) physically following the applicant or the family or household member or causing another to physically follow the applicant or member.
(b) In a protective order that includes a condition described by Subsection (a)(2)(B), the court shall specifically describe each prohibited location and the minimum distance from the location, if any, that the alleged offender must maintain. This subsection does not apply to a protective order with respect to which the court has received a request to maintain confidentiality of information revealing the locations.
(c) In a protective order, the court may suspend a license to carry a handgun issued under Section 411.177 , Government Code, that is held by the alleged offender.

Legislative History

Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173 ), Sec. 1.02, eff. January 1, 2021. Amended by: Acts 2023, 88th Leg., R.S., Ch. 839 (H.B. 2715 ), Sec. 1, eff. September 1, 2023.