Sec. 82.002. WHO MAY FILE APPLICATION. (a) With regard to family violence under Section 71.004(1) or (2), an adult member of the family or household may file an application for a protective order to protect the applicant or any other member of the applicant's family or household.
Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 872 (S.B. 116), Sec. 3
(b) With regard to family violence under Section 71.004(3), an application for a protective order to protect the applicant may be filed by:
(1) an adult member of the dating relationship; or
(2) an adult member of the marriage, if the victim is or was married as described by Section 71.0021(a)(1)(B).
Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 632 (S.B. 819), Sec. 2
(b) With regard to family violence under Section 71.004(3), an application for a protective order to protect the applicant may be filed by a member of the dating relationship, regardless of whether the member is an adult or a child.
(c) Any adult may apply for a protective order to protect a child from family violence.
(d) In addition, an application may be filed for the protection of any person alleged to be a victim of family violence by:
(1) a prosecuting attorney; or
(2) the Department of Family and Protective Services.
(e) The person alleged to be the victim of family violence in an application filed under Subsection (c) or (d) is considered to be the applicant for a protective order 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. 8, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 91, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 110 (H.B. 841), Sec. 7, eff. May 21, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 632 (S.B. 819), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 872 (S.B. 116), Sec. 3, eff. June 17, 2011.
Notes of Decisions
Cited in
24
cases (
15 in the last 5 years), 2001–2026 · leading case:
Wilkerson v. Wilkerson, 321 S.W.3d 110 (Tex. App. 2010).
Wilkerson v. Wilkerson, 321 S.W.3d 110 (Tex. App. 2010).
· cites it 6× “See TEX. FAM.CODE ANN. § 82.002 (Vernon 2008).”
In Re Salgado, 53 S.W.3d 752 (Tex. App. 2001).
“Tex.Fam.Code Ann. § 82.002(a)(2). Regarding venue, an application may be filed in the county in which the applicant resides, or the county in which the respondent resides.”
In Re Marriage of JB & HB, 326 S.W.3d 654 (Tex. App. 2010).
“See Tex. Fam.Code Ann. § 82.002(b) (Vernon 2008) (permitting an adult member of a “dating relationship” to seek a protective order against violence, without regard to the sex of the members of the relationship).”
United States v. Spruill, 292 F.3d 207 (5th Cir. 2002).
“Assistant District Attorney Watson testified that his office handled protective orders for indigents (see Tex. Family Code § 82.002(d)(1)), and he had been the person assigned to do so for the previous two years.”
Lujan Ex Rel. Lujan v. Casados-Lujan, 87 P.3d 1067 (N.M. Ct. App. 2003).
“Act § 822 (1980); Tex. Fam.Code Ann. § 82.002 (2001). Since this alternative argument was not raised in this case, we do not expressly adopt it and leave the implications of this interpretation for another day.”
Rakesh Thoutam v. Geetanjali Paramkusam (Tex. App. 2023).
· cites it 2× “3 See TEX. FAM. CODE ANN. § 82.002 (allowing person to file application for protective order to protect against family violence).”
Sheri Taylor v. Melody Ann Norton (Tex. App. 2024).
· cites it 2× “004; see also TEX. FAM. CODE ANN. § 82.002(a) (providing, as applicable here, that “[w]ith regard to family violence .”
Sheri Taylor v. Melody Ann Norton (Tex. App. 2025).
· cites it 2× “TEX. FAM. CODE ANN. § 82.002(a). We conclude that termination of a mother’s parental rights to a child does not alter the consanguineous relationship between the child and the grandmother.”
— Tex. Fam. Code § 82.002(a) — 7 cases
Sheri Taylor v. Melody Ann Norton (Tex. App. 2024).
“004; see also TEX. FAM. CODE ANN. § 82.002(a) (providing, as applicable here, that “[w]ith regard to family violence .”
Sheri Taylor v. Melody Ann Norton (Tex. App. 2025).
“TEX. FAM. CODE ANN. § 82.002(a). We conclude that termination of a mother’s parental rights to a child does not alter the consanguineous relationship between the child and the grandmother.”
— Tex. Fam. Code § 82.002(a)(2) — 1 case
In Re Salgado, 53 S.W.3d 752 (Tex. App. 2001).
“Tex.Fam.Code Ann. § 82.002(a)(2). Regarding venue, an application may be filed in the county in which the applicant resides, or the county in which the respondent resides.”
— Tex. Fam. Code § 82.002(b) — 1 case
In Re Marriage of JB & HB, 326 S.W.3d 654 (Tex. App. 2010).
“See Tex. Fam.Code Ann. § 82.002(b) (Vernon 2008) (permitting an adult member of a “dating relationship” to seek a protective order against violence, without regard to the sex of the members of the relationship).”
— Tex. Fam. Code § 82.002(c) — 1 case
— Tex. Fam. Code § 82.002(d)(1) — 1 case
United States v. Spruill, 292 F.3d 207 (5th Cir. 2002).
“Assistant District Attorney Watson testified that his office handled protective orders for indigents (see Tex. Family Code § 82.002(d)(1)), and he had been the person assigned to do so for the previous two years.”
— Tex. Fam. Code § 82.002(e) — 1 case
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