2005 Texas Code of Criminal Procedure CHAPTER 7A. PROTECTIVE ORDER FOR VICTIM OF SEXUAL ASSAULT

CODE OF CRIMINAL PROCEDURE

CHAPTER 7A. PROTECTIVE ORDER FOR VICTIM OF SEXUAL ASSAULT


	Art. 7A.01. APPLICATION FOR PROTECTIVE ORDER.  (a) A person 
who is the victim of an offense under Section 22.011 or 22.021, 
Penal Code, or a prosecuting attorney acting on behalf of the 
person, may file an application for a protective order under this 
chapter without regard to the relationship between the applicant 
and the alleged offender.
	(b)  An application for a protective order under this chapter 
may be filed in a district court, juvenile court having the 
jurisdiction of a district court, statutory county court, or 
constitutional county court in:
	(1)  the county in which the applicant resides;  or                            
	(2)  the county in which the alleged offender resides.                         

Added by Acts 2003, 78th Leg., ch. 836, Sec. 1, eff. Sept. 1, 2003.           


	Art. 7A.02. TEMPORARY EX PARTE ORDER.  If the court finds 
from the information contained in an application for a protective 
order that there is a clear and present danger of a sexual assault 
or other harm to the applicant, the court, without further notice to 
the alleged offender and without a hearing, may enter a temporary ex 
parte order for the protection of the applicant or any other member 
of the applicant's family or household.

Added by Acts 2003, 78th Leg., ch. 836, Sec. 1, eff. Sept. 1, 2003.           


	Art. 7A.03. REQUIRED FINDINGS;  ISSUANCE OF PROTECTIVE 
ORDER.  (a) At the close of a hearing on an application for a 
protective order under this chapter, the court shall find whether 
there are reasonable grounds to believe that the applicant is:
	(1)  the victim of a sexual assault;  and                                      
	(2)  the subject of a threat that reasonably places the 
applicant in fear of further harm from the alleged offender.
	(b)  If the court finds reasonable grounds to believe that 
the applicant is the victim of a sexual assault and is the subject 
of a threat that reasonably places the applicant in fear of further 
harm from the alleged offender, the court shall issue a protective 
order that includes a statement of the required findings.

Added by Acts 2003, 78th Leg., ch. 836, Sec. 1, eff. Sept. 1, 2003.           


	Art. 7A.04. APPLICATION OF OTHER LAW.  To the extent 
applicable, except as otherwise provided by this chapter, Title 4, 
Family Code, applies to a protective order issued under this 
chapter.

Added by Acts 2003, 78th Leg., ch. 836, Sec. 1, eff. Sept. 1, 2003.           


	Art. 7A.05. CONDITIONS SPECIFIED BY ORDER.  (a) In a 
protective order issued under this chapter, 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 directly or indirectly with the applicant 
or any member of the applicant's family or household in a 
threatening or harassing manner;
	(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;  and
	(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.
	(b)  In an order under 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 an 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 concealed handgun issued under Section 411.177, 
Government Code, that is held by the alleged offender.

Added by Acts 2003, 78th Leg., ch. 836, Sec. 1, eff. Sept. 1, 2003.           


	Art. 7A.06. WARNING ON PROTECTIVE ORDER.  (a) Each 
protective order issued under this chapter, including a temporary 
ex parte order, must contain the following prominently displayed 
statements in boldfaced type, capital letters, or underlined:
	"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR 
CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN 
JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS 
ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY 
PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS 
VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT 
UNLESS A COURT CHANGES THE ORDER."
	"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN 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, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A 
FIREARM OR AMMUNITION."
	(b)  Each protective order issued under this chapter, except 
for a temporary ex parte order, must contain the following 
prominently displayed statement in boldfaced type, capital 
letters, or underlined:
	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED 
BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY 
CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT 
RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE 
OFFENSE IN ADDITION TO A VIOLATION OF THIS ORDER."

Added by Acts 2003, 78th Leg., ch. 836, Sec. 1, eff. Sept. 1, 2003.