Texas Codes

Tex. Fam. Code § 84.004 (2026)

Hearing Rescheduled For Insufficient Notice

✓ current as of May 2026

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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.

Notes of Decisions

Cited in 9 cases (4 in the last 5 years), 2002–2026 · leading case: Harvey v. State, 78 S.W.3d 368 (Tex. Crim. App. 2002).

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Harvey v. State, 78 S.W.3d 368 (Tex. Crim. App. 2002). “…18 . Id., § 82.043(a). 19 . See id., § 82.041(b). 20 . Id., § 82.043(c). 21 . See Tex.R. Civ. P. 106. 22 . See Tex Fam.Code § 84.004.”

Dempsey v. Dempsey, 227 S.W.3d 771 (Tex. App. 2006). “See Tex.Fam. Code Ann. § 84.004(a)(Vernon 2002).”

Ronderrick Johnson v. Talaun Bathsheba Hassean Simmons (Tex. App. 2020). · cites it 2× “Tex. R. Civ. P. 107(h). If we adopt Johnson’s construction, a hearing on an application for a family violence protective order—at least one that could result in the entry of a default protective order—necessarily could not be held at any point prior to the eleventh day after the…”

Ernest Adimora-Nweke v. Hannah Olivia Yarbrough (Tex. App. 2021). · cites it 2× “See Tex. Fam. Code § 84.004. 3. APPLICATION Appellant argues that the record contains no evidence that he received service of notice of appellee’s application for protective order.”

David Lancaster v. Barbara Lancaster (Tex. App. 2015). · cites it 2× “10 Appellant’s reliance on Tex. Fam. Code § 84.004 is misplaced. That section, which extends the hearing date if a notice of application is served within 48 hours of the hearing, does not support David’s argument for several reasons: (1) he was served more than 48 hours before…”

Humberto Fabian Caballero v. Maria Christian Caballero (Tex. App. 2017). “See Tex. Fam. Code Ann. § 84.004 (a) (West 2014).”

Christopher Michael Dupuy v. Heather Rene Williams (Tex. App. 2021). “See Tex. Fam. Code § 84.004. As noted above, this additional safeguard ensures that a party’s due process rights are protected.”

Richard Lee Dix v. Brittany Foster (Tex. App. 2022). “TEX. FAM. CODE ANN. § 84.004. Yet, the fact that a respondent receives less than two days’ notice of a protective order hearing does not itself prevent the court from granting the application for a protective order when the respondent fails to attend the hearing without asking…”

K.C. v. D.R. (txctapp2 2026). “See Tex. Fam. Code § 84.004. Cane does not cite to any part of the record reflecting that she informed the trial court that she had not received enough notice or requested a reset.”

— Tex. Fam. Code § 84.004(a) — 3 cases

Dempsey v. Dempsey, 227 S.W.3d 771 (Tex. App. 2006). “See Tex.Fam. Code Ann. § 84.004(a)(Vernon 2002).”

Ernest Adimora-Nweke v. Hannah Olivia Yarbrough (Tex. App. 2021). “See Tex. Fam. Code § 84.004. 3. APPLICATION Appellant argues that the record contains no evidence that he received service of notice of appellee’s application for protective order.”

David Lancaster v. Barbara Lancaster (Tex. App. 2015). “10 Appellant’s reliance on Tex. Fam. Code § 84.004 is misplaced. That section, which extends the hearing date if a notice of application is served within 48 hours of the hearing, does not support David’s argument for several reasons: (1) he was served more than 48 hours before…”

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