Tex. Codes » Family Code · TITLE 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE · SUBTITLE B. PROTECTIVE ORDERS · CHAPTER 85. ISSUANCE OF PROTECTIVE ORDER
Texas Codes

Tex. Fam. Code § 85.001 (2026)

Required Findings And Orders

✓ current as of May 2026
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Sec. 85.001. REQUIRED FINDINGS AND ORDERS.

(a) At the close of a hearing on an application for a protective order, the court shall find whether family violence has occurred.

(b) If the court finds that family violence has occurred, the court:

(1) shall render a protective order as provided by Section 85.022 applying only to a person found to have committed family violence; and

(2) may render a protective order as provided by Section 85.021 applying to both parties that is in the best interest of the person protected by the order or member of the family or household of the person protected by the order.

(c) A protective order that requires the first applicant to do or refrain from doing an act under Section 85.022 shall include a finding that the first applicant has committed family violence.

(d) If the court renders a protective order for a period of more than two years under Section 85.025(a-1), the court must include in the order a finding described by that subsection.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by Acts 2001, 77th Leg., ch. 91, Sec. 6, eff. Sept. 1, 2001.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 627 (S.B. 789), Sec. 1, eff. September 1, 2011.

Acts 2023, 88th Leg., R.S., Ch. 688 (H.B. 1432), Sec. 3, eff. September 1, 2023.

Acts 2025, 89th Leg., R.S., Ch. 797 (S.B. 1120), Sec. 7, eff. September 1, 2025.

Notes of Decisions
Cited in 119 cases (43 in the last 5 years), 1998–2026 · leading case: Teel v. Shifflett, 309 S.W.3d 597 (Tex. App. 2010).
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Teel v. Shifflett, 309 S.W.3d 597 (Tex. App. 2010). · cites it 4× “Tex. Fam. Code Ann. § 85.001 (Vernon 2008).”
State Ex Rel. Prot. of Cockerham v. Cockerham, 218 S.W.3d 298 (Tex. App. 2007). · cites it 4× “Tex. Fam.Code Ann. § 85.001(a) (Vernon 2002).”
Marcus Joseph Roper v. Katherine Elizabeth Jolliffe, 493 S.W.3d 624 (Tex. App. 2015). · cites it 2× “The court found Roper committed family violence in the past and was likely to do so in the future against his fiancée Katherine Elizabeth Jolliffe.”
Wagner v. State, 539 S.W.3d 298 (Tex. Crim. App. 2018). “Tex. Fam. Code § 85.001. The order may not be for a period of more than two years unless the respondent caused serious bodily injury to the applicant or a member of the applicant's family or household, or the respondent was the subject of two or more previous protective orders…”
in the Interest of M.G.M. & V.A.M., 163 S.W.3d 191 (Tex. App. 2005). · cites it 4× “Under the provisions of Tex. Fam. Code Ann. § 85.001 (b)(1) (Vernon 2002), if the trial court finds that family violence has occurred and further finds that family violence is likely to occur in the future, the court "shall render a protective order as provided by Section 85.”
In Re Epperson, 213 S.W.3d 541 (Tex. App. 2007). “” Tex. Fam.Code Ann. § 85.001(a) (Vernon 2002).”
James v. Hubbard, 985 S.W.2d 516 (Tex. App. 1998). · cites it 2× “See TEX. FAM.CODE ANN. § 85.001 (Vernon Supp.”
In Re the Marriage Edwards, 79 S.W.3d 88 (Tex. App. 2002). “See Tex. Fam.Code Ann. § 85.001(b) (Vernon Supp.”
In Re Salgado, 53 S.W.3d 752 (Tex. App. 2001). “However, Salgado has not complained of the trial court’s finding that family violence had occurred and was likely to occur in the future. Title 4 requires that at the close of a hearing on an application for protective order, a trial court shall find whether family violence has…”
Russell Thomas Boyd v. Christina Michelle Palmore, 425 S.W.3d 425 (Tex. App. 2011). “” Tex. Fam.Code Ann. § 85.001 (Vernon 2002).”
Pena v. Garza, 61 S.W.3d 529 (Tex. App. 2001). “Tex. Fam.Code Ann. §§ 85.001(a) & (c) (Vernon Supp.”
John Russell Coffman v. Celesste Elane Coffman Melton, 448 S.W.3d 68 (Tex. App. 2014). · cites it 2× “Tex. Fam. Code § 85.001 (incorporating § 85.”
Show all 119 citing cases →
— Tex. Fam. Code § 85.001(a) — 28 cases
Teel v. Shifflett, 309 S.W.3d 597 (Tex. App. 2010). “Tex. Fam. Code Ann. § 85.001 (Vernon 2008).”
In Re Epperson, 213 S.W.3d 541 (Tex. App. 2007). “” Tex. Fam.Code Ann. § 85.001(a) (Vernon 2002).”
In Re Salgado, 53 S.W.3d 752 (Tex. App. 2001). “However, Salgado has not complained of the trial court’s finding that family violence had occurred and was likely to occur in the future. Title 4 requires that at the close of a hearing on an application for protective order, a trial court shall find whether family violence has…”
Pena v. Garza, 61 S.W.3d 529 (Tex. App. 2001). “Tex. Fam.Code Ann. §§ 85.001(a) & (c) (Vernon Supp.”
State Ex Rel. Prot. of Cockerham v. Cockerham, 218 S.W.3d 298 (Tex. App. 2007). “Tex. Fam.Code Ann. § 85.001(a) (Vernon 2002).”
— Tex. Fam. Code § 85.001(a)(2) — 3 cases
in the Interest of M.G.M. & V.A.M., 163 S.W.3d 191 (Tex. App. 2005). “Under the provisions of Tex. Fam. Code Ann. § 85.001 (b)(1) (Vernon 2002), if the trial court finds that family violence has occurred and further finds that family violence is likely to occur in the future, the court "shall render a protective order as provided by Section 85.”
In Re Mgm, 163 S.W.3d 191 (Tex. App. 2005).
Cesar Rene Terrazas v. Deborah Martinez (Tex. App. 2021).
— Tex. Fam. Code § 85.001(b) — 8 cases
In Re the Marriage Edwards, 79 S.W.3d 88 (Tex. App. 2002). “See Tex. Fam.Code Ann. § 85.001(b) (Vernon Supp.”
State Ex Rel. Prot. of Cockerham v. Cockerham, 218 S.W.3d 298 (Tex. App. 2007). “Tex. Fam.Code Ann. § 85.001(a) (Vernon 2002).”
John Russell Coffman v. Celesste Elane Coffman Melton, 448 S.W.3d 68 (Tex. App. 2014). “Tex. Fam. Code § 85.001 (incorporating § 85.”
Timothy Onkst v. Jennifer Morgan (Tex. App. 2019).
Ron Lummus v. Benita Lummus (Tex. App. 2023).
— Tex. Fam. Code § 85.001(b)(1) — 6 cases
State Ex Rel. Prot. of Cockerham v. Cockerham, 218 S.W.3d 298 (Tex. App. 2007). “Tex. Fam.Code Ann. § 85.001(a) (Vernon 2002).”
in the Interest of M.G.M. & V.A.M., 163 S.W.3d 191 (Tex. App. 2005). “Under the provisions of Tex. Fam. Code Ann. § 85.001 (b)(1) (Vernon 2002), if the trial court finds that family violence has occurred and further finds that family violence is likely to occur in the future, the court "shall render a protective order as provided by Section 85.”
In Re Mgm, 163 S.W.3d 191 (Tex. App. 2005).
Kevin Shae Cox v. Misty Leigh Walden (Tex. App. 2022).
Jeremy Justin McCombs v. the State of Texas for the Prot. of Lacey Faith McCombs (Tex. App. 2025).
— Tex. Fam. Code § 85.001(b)(2) — 2 cases
State Ex Rel. Prot. of Cockerham v. Cockerham, 218 S.W.3d 298 (Tex. App. 2007). “Tex. Fam.Code Ann. § 85.001(a) (Vernon 2002).”
Eric Scott Walsh v. Rebecca Leeann Gonzalez (Tex. App. 2023).
— Tex. Fam. Code § 85.001(d) — 8 cases
Carl Emanuel Lewis v. Bridney Yancy (Tex. App. 2020).
Carl Robert Maples v. Cathryn Maples (Tex. App. 2020).
in the Interest of L.J.H., a Child (Tex. App. 2021).
Milton Jovel v. Katherine Blanco (Tex. App. 2022).
Joseph Kelsey Wayne Morott v. Brian Terry Tinch (Tex. App. 2023).
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