FAMILY CODE

TITLE 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE

SUBTITLE B. PROTECTIVE ORDERS

CHAPTER 84. HEARING

Sec. 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, Sec. 1, eff. May 5, 1997.

Sec. 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 2.5 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, Sec. 1, eff. May 5, 1997.  Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 12, eff. Sept. 1, 1997.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 17, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 32, eff. September 1, 2023.

Sec. 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, Sec. 1, eff. May 5, 1997.

Sec. 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, Sec. 1, eff. May 5, 1997.

Sec. 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, Sec. 6.10(a), eff. Sept. 1, 1999.

Sec. 84.006.  HEARSAY STATEMENT OF CHILD VICTIM OF FAMILY VIOLENCE.  In a hearing on an application for a protective order, a statement made by a child 12 years of age or younger that describes alleged family violence against the child is admissible as evidence in the same manner that a child's statement regarding alleged abuse against the child is admissible under Section 104.006 in a suit affecting the parent-child relationship.
Added by Acts 2011, 82nd Leg., R.S., Ch. 59 (H.B. 905), Sec. 1, eff. September 1, 2011.