Tex. Codes » Family Code · TITLE 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE · SUBTITLE B. PROTECTIVE ORDERS · CHAPTER 81. GENERAL PROVISIONS
Texas Codes

Tex. Fam. Code § 81.005 (2026)

Attorney's Fees, Court Costs, And Expenses

✓ current as of May 2026
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Sec. 81.005. ATTORNEY'S FEES, COURT COSTS, AND EXPENSES. (a) The court may assess reasonable and necessary attorney's fees, court costs, and expenses against the party found to have committed family violence or a party against whom an agreed protective order is rendered under Section 85.005 as compensation for the services of a private or prosecuting attorney or an attorney employed by the Department of Family and Protective Services. The court may order the fees, costs, expenses, and any postjudgment interest to be paid directly to the attorney, who may enforce the order in the attorney's own name by any means available for the enforcement of a judgment for debt.

(b) In setting the amount of attorney's fees, the court shall consider the income and ability to pay of the person against whom the fee is assessed.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 6, eff. Sept. 1, 1997.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 110 (H.B. 841), Sec. 4, eff. May 21, 2011.

Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 17, eff. September 1, 2025.

Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 18, eff. September 1, 2025.

Notes of Decisions
Cited in 20 cases (11 in the last 5 years), 2005–2025 · leading case: Harris v. State, 164 S.W.3d 775 (Tex. App. 2005).
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Harris v. State, 164 S.W.3d 775 (Tex. App. 2005). “Tex. Fam.Code Ann. § 81.005 (Vernon 2002).”
In Re Skero, 253 S.W.3d 884 (Tex. App. 2008). “See Tex. Fam.Code Ann. §§ 81.005(a); 81.006. The order of placement of the sections logically expresses a separation between the role of attorneys in obtaining protective orders, found in sections 81.”
Crystal Dolgener v. Steven Dolgener (Tex. App. 2021). · cites it 5× “” Tex. Fam. Code Ann. § 81.005 (a). “In setting the amount of attorney’s fees, the court shall consider the income and ability to pay of the person against whom the fee is assessed.”
Michael Simmonds v. Amy Wright (Tex. App. 2024). · cites it 5× “Under Texas Family Code section 81.005, a trial court may assess reasonable attorney’s fees against a party who, like Michael, was found to have committed family violence as compensation for the services of a private or prosecuting attorney.”
Joanna Laufer v. Justin Gordon (Tex. App. 2019). · cites it 4× “Joanna asserts on appeal that the trial court erred in awarding attorney’s fees against her under Texas Family Code section 81.005 because the court did not consider, as this section requires, whether she has the income or ability to pay the award, and the court did not find…”
Melisa Sylvester v. Bjorn M. Nilsson (Tex. App. 2021). · cites it 4× “Tex. Fam. Code § 81.005(a). The trial court found Sylvester committed family violence, issued the protective order, and awarded Nilsson $45,179.”
Anh Doan Vo v. Alexander Nguyen (Tex. App. 2025). · cites it 4× “The trial court stated that Texas Family Code section 81.005 did not prohibit it from assessing attorney’s fees, and it overruled Vo’s objections.”
Kevin Shae Cox v. Misty Leigh Walden (Tex. App. 2022). · cites it 3× “See TEX. FAM. CODE ANN. § 81.005; Dolgener, 2021 WL 3883619 , at *17; see also Sylvester v.”
B.E.K. v. C.G.E. (Tex. App. 2024). · cites it 2× “” Tex. Fam. Code Ann. § 81.005 . 2. Analysis Mother first argues that the trial court could not award Father his attorney’s fees under Texas Family Code Section 81.”
Ashraf Abdelmoneim Mahmoud v. Valerie Garcia Jackson (Tex. App. 2022). “2019); see also TEX. FAM. CODE ANN. § 81.005 (“The court may assess reasonable attorney’s fees against the party found to have committed family violence.”
Joseph Bryan Dessens v. Victoria Argeroplos (Tex. App. 2022). “Tex. Fam. Code Ann. § 81.005 . Because he argues the trial court did not make a finding that he had committed family violence, Joseph asserts that Chapter 81 does not apply.”
Eric Scott Walsh v. Rebecca Leeann Gonzalez (Tex. App. 2023). “TEX. FAM. CODE § 81.005(a). Again here, the trial court found Father committed family violence, issued the protective order, awarded Mother the full amount of attorney’s fees she requested for the trial ($5,000), an appeal to the court of appeals ($10,000), and an appeal to the…”
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— Tex. Fam. Code § 81.005(a) — 7 cases
In Re Skero, 253 S.W.3d 884 (Tex. App. 2008). “See Tex. Fam.Code Ann. §§ 81.005(a); 81.006. The order of placement of the sections logically expresses a separation between the role of attorneys in obtaining protective orders, found in sections 81.”
Melisa Sylvester v. Bjorn M. Nilsson (Tex. App. 2021). “Tex. Fam. Code § 81.005(a). The trial court found Sylvester committed family violence, issued the protective order, and awarded Nilsson $45,179.”
Joanna Laufer v. Justin Gordon (Tex. App. 2019). “Joanna asserts on appeal that the trial court erred in awarding attorney’s fees against her under Texas Family Code section 81.005 because the court did not consider, as this section requires, whether she has the income or ability to pay the award, and the court did not find…”
Kevin Shae Cox v. Misty Leigh Walden (Tex. App. 2022). “See TEX. FAM. CODE ANN. § 81.005; Dolgener, 2021 WL 3883619 , at *17; see also Sylvester v.”
Eric Scott Walsh v. Rebecca Leeann Gonzalez (Tex. App. 2023). “TEX. FAM. CODE § 81.005(a). Again here, the trial court found Father committed family violence, issued the protective order, awarded Mother the full amount of attorney’s fees she requested for the trial ($5,000), an appeal to the court of appeals ($10,000), and an appeal to the…”
— Tex. Fam. Code § 81.005(b) — 2 cases
Joanna Laufer v. Justin Gordon (Tex. App. 2019). “Joanna asserts on appeal that the trial court erred in awarding attorney’s fees against her under Texas Family Code section 81.005 because the court did not consider, as this section requires, whether she has the income or ability to pay the award, and the court did not find…”
Melisa Sylvester v. Bjorn M. Nilsson (Tex. App. 2021). “Tex. Fam. Code § 81.005(a). The trial court found Sylvester committed family violence, issued the protective order, and awarded Nilsson $45,179.”
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