Tex. Codes » Family Code · TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP · CHAPTER 156. MODIFICATION
Texas Codes

Tex. Fam. Code § 156.1045 (2026)

Modification Of Order On Conviction For Family Violence

✓ current as of May 2026
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Sec. 156.1045. MODIFICATION OF ORDER ON CONVICTION FOR FAMILY VIOLENCE. (a) The conviction or an order deferring adjudication of a person who is a possessory conservator or a sole or joint managing conservator for an offense involving family violence is a material and substantial change of circumstances sufficient to justify a temporary order and modification of an existing court order or portion of a decree that provides for the appointment of a conservator or that sets the terms and conditions of conservatorship or for the possession of or access to a child to conform the order to the requirements of Section 153.004(d).

(b) A person commits an offense if the person files a suit to modify an order or portion of a decree based on the grounds permitted under Subsection (a) and the person knows that the person against whom the motion is filed has not been convicted of an offense, or received deferred adjudication for an offense, involving family violence. An offense under this subsection is a Class B misdemeanor.

Added by Acts 2001, 77th Leg., ch. 1289, Sec. 9, eff. Sept. 1, 2001.

Notes of Decisions
Cited in 3 cases, 2012–2020 · leading case: in the Interest of A.E.M., J.M.M. & K.J.M. (Tex. App. 2020).
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in the Interest of A.E.M., J.M.M. & K.J.M. (Tex. App. 2020). · cites it 2× “Father also testified that he received a DWI in 2013 for which he received probation.”
in the Interest of S.V & S v. Child. (Tex. App. 2014). · cites it 2× “See TEX. FAM. CODE ANN. § 156.1045 –10– S.E.K.”
Jason D. Brownlee v. Katharine A. Daniel (Tex. App. 2012). “‖ TEX. FAM. CODE ANN. § 156.1045(a). Although Title 4 ―plainly contemplates‖ that an application for protective order may be filed in a court other than one of continuing, exclusive jurisdiction under Title 5, inherent limitations exist.”
— Tex. Fam. Code § 156.1045(a) — 1 case
Jason D. Brownlee v. Katharine A. Daniel (Tex. App. 2012). “‖ TEX. FAM. CODE ANN. § 156.1045(a). Although Title 4 ―plainly contemplates‖ that an application for protective order may be filed in a court other than one of continuing, exclusive jurisdiction under Title 5, inherent limitations exist.”
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