US Laws, Codes, Statutes & Cases

FAMILY CODE

CHAPTER 84. HEARING


	§ 84.001. TIME SET FOR HEARING.  (a) On the filing of an 
application for a protective order, the court shall set a date and 
time for the hearing unless a later date is requested by the 
applicant.  Except as provided by Section 84.002, the court may not 
set a date later than the 14th day after the date the application is 
filed.
	(b)  The court may not delay a hearing on an application in 
order to consolidate it with a hearing on a subsequently filed 
application.

Added by Acts 1997, 75th Leg., ch. 34, § 1, eff. May 5, 1997.              


	§ 84.002. EXTENDED TIME FOR HEARING IN DISTRICT COURT IN 
CERTAIN COUNTIES.  (a) On the request of the prosecuting attorney 
in a county with a population of more than 1.5 million or in a county 
in a judicial district that is composed of more than one county, the 
district court shall set the hearing on a date and time not later 
than 20 days after the date the application is filed or 20 days 
after the date a request is made to reschedule a hearing under 
Section 84.003.
	(b)  The district court shall grant the request of the 
prosecuting attorney for an extended time in which to hold a hearing 
on a protective order either on a case-by-case basis or for all 
cases filed under this subtitle.

Added by Acts 1997, 75th Leg., ch. 34, § 1, eff. May 5, 1997.  
Amended by Acts 1997, 75th Leg., ch. 1193, § 12, eff. Sept. 1, 
1997.


	§ 84.003. HEARING RESCHEDULED FOR FAILURE OF 
SERVICE.  (a) If a hearing set under this chapter is not held 
because of the failure of a respondent to receive service of notice 
of an application for a protective order, the applicant may request 
the court to reschedule the hearing.
	(b)  Except as provided by Section 84.002, the date for a 
rescheduled hearing shall be not later than 14 days after the date 
the request is made.

Added by Acts 1997, 75th Leg., ch. 34, § 1, eff. May 5, 1997.              


	§ 84.004. HEARING RESCHEDULED FOR INSUFFICIENT 
NOTICE.  (a) If a respondent receives service of notice of an 
application for a protective order within 48 hours before the time 
set for the hearing, on request by the respondent, the court shall 
reschedule the hearing for a date not later than 14 days after the 
date set for the hearing.
	(b)  The respondent is not entitled to additional service for 
a hearing rescheduled under this section.

Added by Acts 1997, 75th Leg., ch. 34, § 1, eff. May 5, 1997.              


	§ 84.005. LEGISLATIVE CONTINUANCE.  If a proceeding for 
which a legislative continuance is sought under Section 30.003, 
Civil Practice and Remedies Code, includes an application for a 
protective order, the continuance is discretionary with the court.

Added by Acts 1999, 76th Leg., ch. 62, § 6.10(a), eff. Sept. 1, 
1999.