Texas Family Code - Section 85.022. Requirements Of Order Applying To Person Who Committed Family Violence

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§ 85.022. REQUIREMENTS OF ORDER APPLYING TO PERSON WHO 
COMMITTED FAMILY VIOLENCE.  (a) In a protective order, the court 
may order the person found to have committed family violence to:
		(1)  complete a battering intervention and prevention 
program as provided by Article 42.141, Code of Criminal Procedure, 
and that meets the guidelines adopted by the community justice 
assistance division of the Texas Department of Criminal Justice if 
a program is available;
		(2)  counsel with a social worker, family service 
agency, physician, psychologist, licensed therapist, or licensed 
professional counselor if a program under Subdivision (1) is not 
available;  or
		(3)  perform acts specified by the court that the court 
determines are necessary or appropriate to prevent or reduce the 
likelihood of family violence.
	(b)  In a protective order, the court may prohibit the person 
found to have committed family violence from:
		(1)  committing family violence;                                              
		(2)  communicating:                                                           
			(A)  directly with a person protected by an order 
or a member of the family or household of a person protected by an 
order, in a threatening or harassing manner;
			(B)  a threat through any person to a person 
protected by an order or a member of the family or household of a 
person protected by an order;  and
			(C)  if the court finds good cause, in any manner 
with a person protected by an order or a member of the family or 
household of a person protected by an order, except through the 
party's attorney or a person appointed by the court;
		(3)  going to or near the residence or place of 
employment or business of a person protected by an order or a member 
of the family or household of a person protected by an order;
		(4)  going to or near the residence, child-care 
facility, or school a child protected under the order normally 
attends or in which the child normally resides;  and
		(5)  engaging in conduct directed specifically toward a 
person who is a person protected by an order or a member of the 
family or household of a person protected by an order, including 
following the person, that is reasonably likely to harass, annoy, 
alarm, abuse, torment, or embarrass the person.
		(6)  possessing a firearm, unless the person 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.
	(c)  In an order under Subsection (b)(3) or (4), the court 
shall specifically describe each prohibited location and the 
minimum distances from the location, if any, that the party must 
maintain.  This subsection does not apply to an order in which 
Section 85.007 applies.
	(d)  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 a person found to have committed 
family violence.
	(e)  In this section, "firearm" has the meaning assigned by 
Section 46.01, Penal Code.

Added by Acts 1997, 75th Leg., ch. 34, § 1, eff. May 5, 1997.  
Amended by Acts 1997, 75th Leg., ch. 1193, § 14, eff. Sept. 1, 
1997;  Acts 1999, 76th Leg., ch. 1412, § 3, eff. Sept. 1, 1999;  
Acts 2001, 77th Leg., ch. 91, § 8, eff. Sept. 1, 2001;  Acts 2001, 
77th Leg., ch. 23, § 3, eff. Sept. 1, 2001.

Last modified: August 10, 2007