Texas Family Code - Section 85.041. Delivery To Respondent
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§ 85.041. DELIVERY TO RESPONDENT. (a) A protective order
rendered under this subtitle shall be:
(1) delivered to the respondent as provided by Rule
21a, Texas Rules of Civil Procedure;
(2) served in the same manner as a writ of injunction;
or
(3) served in open court at the close of the hearing as
provided by this section.
(b) The court shall serve an order in open court to a
respondent who is present at the hearing by giving to the respondent
a copy of the order, reduced to writing and signed by the judge or
master. A certified copy of the signed order shall be given to the
applicant at the time the order is given to the respondent. If the
applicant is not in court at the conclusion of the hearing, the
clerk of the court shall mail a certified copy of the order to the
applicant not later than the third business day after the date the
hearing is concluded.
(c) If the order has not been reduced to writing, the court
shall give notice orally to a respondent who is present at the
hearing of the part of the order that contains prohibitions under
Section 85.022 or any other part of the order that contains
provisions necessary to prevent further family violence. The clerk
of the court shall mail a copy of the order to the respondent and a
certified copy of the order to the applicant not later than the
third business day after the date the hearing is concluded.
(d) If the respondent is not present at the hearing and the
order has been reduced to writing at the conclusion of the hearing,
the clerk of the court shall immediately provide a certified copy of
the order to the applicant and mail a copy of the order to the
respondent not later than the third business day after the date the
hearing is concluded.
Added by Acts 1997, 75th Leg., ch. 34, § 1, eff. May 5, 1997.
Section: 85.009 85.021 85.022 85.023 85.024 85.025 85.026 85.041 85.042 85.061 85.062 85.063 85.064 85.065 86.001
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Last modified: August 10, 2007
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