Tex. Codes » Family Code · TITLE 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE · SUBTITLE B. PROTECTIVE ORDERS · CHAPTER 85. ISSUANCE OF PROTECTIVE ORDER
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Tex. Fam. Code § 85.002 (2026)

Exception For Violation Of Expired Protective Order

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Sec. 85.002. EXCEPTION FOR VIOLATION OF EXPIRED PROTECTIVE ORDER. If the court finds that a respondent violated a protective order by committing an act prohibited by the order as provided by Section 85.022, that the order was in effect at the time of the violation, and that the order has expired after the date that the violation occurred, the court, without the necessity of making the finding described by Section 85.001(a), shall render a protective order as provided by Section 85.022 applying only to the respondent and may render a protective order as provided by Section 85.021.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 13, eff. Sept. 1, 1997.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 688 (H.B. 1432), Sec. 4, eff. September 1, 2023.

Notes of Decisions
Cited in 15 cases (4 in the last 5 years), 2007–2024 · leading case: John Russell Coffman v. Celesste Elane Coffman Melton, 448 S.W.3d 68 (Tex. App.—Houston [14th Dist.] 2014).
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John Russell Coffman v. Celesste Elane Coffman Melton, 448 S.W.3d 68 (Tex. App.—Houston [14th Dist.] 2014). “Tex. Fam.Code § 85.002. In such circumstances, a new order may issue without the necessity of making the findings required under section 85.”
Noopin Simcoe v. State, No. 03-06-00714-CR (Tex. App.—Austin Aug. 29, 2007). · cites it 3× “See Tex. Fam. Code Ann. § 85.002 8 (West 2002).”
Margaret Anne Erlewine v. Mark Erlewine, No. 03-06-00308-CV, 2007 WL 2462042 (Tex. App.—Austin Aug. 29, 2007). · cites it 3× “See Tex. Fam. Code Ann. § 85.002 (West 2002).”
David Lancaster v. Barbara Lancaster, No. 01-12-00909-CV, 2013 WL 3243387 (Tex. App.—Houston [1st Dist.] June 25, 2013). · cites it 3× “3 The trial court conducted a hearing, and Barbara testified about the issuance of the first protective order and David’s two convictions for violations of 1 See TEX. FAM. CODE ANN. § 85.002 (Vernon 2008).”
Jerry Sharpe v. Angela McDole, No. 03-09-00139-CV, 2010 WL 2010849 (Tex. App.—Austin May 19, 2010). · cites it 2× “In November 2006, McDole sought and obtained a family violence protective order that was to expire on November 29, 2008.”
Jerry Sharpe v. Angela McDole, No. 03-09-00139-CV (Tex. App.—Austin May 19, 2010). · cites it 2× “See Tex. Fam. Code Ann. § 85.002 (West 2008).”
Gregorio Maldonado v. Angela Bearden, No. 01-17-00371-CV, 2018 WL 4087411 (Tex. App.—Houston [1st Dist.] Aug. 28, 2018). “Texas Family Code Section 85.002 provides an exception to the required “Family Violence Finding” in instances where the Court finds that: 1) a respondent violated a protective order by committing an act prohibited by the order; 2) that the order was in effect at the time of the…”
David Lancaster v. Diane St.Yves & the Law Off. of Diane St. Yves, P.L.L.C, No. 01-17-00250-CV (Tex. App.—Houston [1st Dist.] Nov. 27, 2018). “Yves’s claim, in her petition for 5 See TEX. FAM. CODE ANN. § 85.002 (Vernon 2014); Lancaster v.”
Marisa Scott v. Demarrow Wooley, No. 02-19-00318-CV, 2020 WL 7063292 (Tex. App.—Fort Worth Dec. 3, 2020). “See Tex. Fam. Code Ann. § 85.002 (allowing entry of a protective order without the findings under § 85.”
Lei Yang v. Yuzhuo Cao, 629 S.W.3d 666 (Tex. App.—Houston [1st Dist.] 2021). “022(a)1 of the Family Code specifically “list[s] the various prohibitions and restrictions a trial court may order 1 Although appellant cites TEX. FAM. CODE § 85.002(a), we presume that he was referring to TEX.”
Cory Ray Shelby v. Shakka Shaneak James, No. 02-20-00052-CV (Tex. App.—Fort Worth Sept. 23, 2021). “Tex. Fam. Code Ann. § 85.002 . We affirm.”
Jacob Darrin Straughan v. Nicole Rose Girsch, No. 14-20-00763-CV, 2022 WL 2977049 (Tex. App.—Houston [14th Dist.] July 28, 2022). “Tex. Fam. Code Ann. § 85.002 (b)(6). Straughan, however, failed to object to this provision in the protective order and did not advance this argument at the trial court.”
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Tex. Fam. Code § 85.002(a): 1 case
Lei Yang v. Yuzhuo Cao, 629 S.W.3d 666 (Tex. App.—Houston [1st Dist.] 2021). “022(a)1 of the Family Code specifically “list[s] the various prohibitions and restrictions a trial court may order 1 Although appellant cites TEX. FAM. CODE § 85.002(a), we presume that he was referring to TEX.”
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