Tex. Codes » Family Code · TITLE 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE · SUBTITLE B. PROTECTIVE ORDERS · CHAPTER 84. HEARING
Texas Codes

Tex. Fam. Code § 84.004 (2026)

Hearing Rescheduled For Insufficient Notice

✓ laws through the 89th Legislature (2025)
Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

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).
Sort: Relevance Newest Treatment
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.—El Paso 2006). “See Tex.Fam. Code Ann. § 84.004(a)(Vernon 2002).”
Ronderrick Johnson v. Talaun Bathsheba Hassean Simmons, 597 S.W.3d 538 (Tex. App.—Fort Worth 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, No. 14-19-00426-CV, 2021 WL 1917832 (Tex. App.—Houston [14th Dist.] May 13, 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, No. 01-14-00845-CV (Tex. App.—Houston [1st Dist.] Apr. 8, 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, No. 14-16-00513-CV (Tex. App.—Houston [14th Dist.] Dec. 14, 2017). “See Tex. Fam. Code Ann. § 84.004 (a) (West 2014).”
Christopher Michael Dupuy v. Heather Rene Williams, No. 14-19-00463-CV (Tex. App.—Houston [14th Dist.] Dec. 2, 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, No. 06-22-00040-CV, 2022 WL 7208630 (Tex. App.—Texarkana Oct. 13, 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., No. 02-25-00234-CV (Tex. App.—Fort Worth Apr. 30, 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.—El Paso 2006). “See Tex.Fam. Code Ann. § 84.004(a)(Vernon 2002).”
Ernest Adimora-Nweke v. Hannah Olivia Yarbrough, No. 14-19-00426-CV, 2021 WL 1917832 (Tex. App.—Houston [14th Dist.] May 13, 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, No. 01-14-00845-CV (Tex. App.—Houston [1st Dist.] Apr. 8, 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…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.