Sec. 85.005. AGREED ORDER. (a) To facilitate settlement, the parties to a proceeding may agree in writing to a protective order as provided by Sections 85.021 and 85.022. An agreement under this subsection is subject to the approval of the court. The court may not approve an agreement that requires the applicant for the protective order to do or refrain from doing an act under Section 85.022.
(b) An agreed protective order is enforceable civilly or criminally, regardless of whether the court makes the findings required by Section 85.001.
(c) If the court approves an agreement between the parties, the court shall render an agreed protective order that is in the best interest of the applicant, the family or household, or a member of the family or household.
(d) An agreed protective order is not enforceable as a contract.
(e) An agreed protective order expires on the date the court order expires.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 541 (H.B. 1059), Sec. 1, eff. June 17, 2005.
Acts 2021, 87th Leg., R.S., Ch. 787 (H.B. 39), Sec. 1, eff. September 1, 2021.
Notes of Decisions
Kim Joseph v. Amber Joseph (Tex. App. 2022).
· cites it 2× “See Tex. Fam. Code § 85.005(b). However, the trial court made family violence findings without holding an evidentiary hearing.”
Julio Molinar v. S. M. (Tex. App. 2017).
“ve committed family violence from committing family violence, community with the victim or a member of the family or household, and going to or near the residence or a person protected by an order, and from engaging in conduct directed specifically toward a person protected by…”
Kim Hampton v. Aaron Helton, Jr. (Tex. App. 2024).
“Tex. Fam. Code Ann. § 85.005 (a). The statute makes clear that agreed protective orders are “enforceable civilly or criminally, regardless of whether the court makes the findings required by Section 85.”
in the Interest of B.G. AKA I.G., a Child (Tex. App. 2015).
“See Tex. Fam. Code § 85.005. The order prohibited the Father’s contact with the Mother and Child and ordered the Father to complete an accredited Battering Intervention and Prevention Program.”
Juan Miguel Mata v. Maria Elena Mata (Tex. App. 2015).
“” On June 17, 2015, Appellant filed a notice of appeal which referenced the trial court’s failure to rule on his motion to appeal.”
Juan Miguel Mata v. Maria Elena Mata (Tex. App. 2015).
“According to Tex Fam. Code § 85.005, states a protective order expires on the date the ORDER is ordered to expire, please see Appendix "B" and "C".”
— Tex. Fam. Code § 85.005(b) — 1 case
Kim Joseph v. Amber Joseph (Tex. App. 2022).
“See Tex. Fam. Code § 85.005(b). However, the trial court made family violence findings without holding an evidentiary hearing.”
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