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 § 85.006 (2026)

Default Order

✓ current as of May 2026
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Sec. 85.006. DEFAULT ORDER. (a) Notwithstanding Rule 107, Texas Rules of Civil Procedure, a court may render a protective order that is binding on a respondent who does not attend a hearing if:

(1) the respondent received service of the application and notice of the hearing; and

(2) proof of service was filed with the court before the hearing.

(b) If the court reschedules the hearing under Chapter 84, a protective order may be rendered if the respondent does not attend the rescheduled hearing.

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

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 787 (H.B. 39), Sec. 2, eff. September 1, 2021.

Notes of Decisions
Cited in 15 cases (6 in the last 5 years), 2007–2024 · leading case: Amir-Sharif v. Hawkins, 246 S.W.3d 267 (Tex. App. 2007).
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Amir-Sharif v. Hawkins, 246 S.W.3d 267 (Tex. App. 2007). “Tex. Fam.Code Ann. § 85.006(a) (Vernon 2002).”
Christopher Michael Dupuy v. Heather Rene Williams (Tex. App. 2021). · cites it 4× “, Tex. Fam. Code § 85.006.” 10 Dupuy was served with the protective order application and notice of hearing on April 1, 2019 at 12:35 p.”
Leslie Harmon Pilcher A/K/A Zenas Pilcher v. Tina Maddox (Tex. App. 2024). · cites it 3× “” TEX. FAM. CODE § 85.006(a) (amended by Acts 2021, 87th Leg.”
Ronderrick Johnson v. Talaun Bathsheba Hassean Simmons (Tex. App. 2020). · cites it 2× “See Tex. Fam. Code Ann. § 85.006 . In his sole point, Johnson argues that the trial court erred by granting the default family violence protective order because the proof of service of the application for protective order had not been on file for ten days prior to the entry of…”
Richard Lee Dix v. Brittany Foster (Tex. App. 2022). · cites it 2× “” TEX. FAM. CODE ANN. § 85.006 (Supp.). The trial court is required to set a date and conduct a hearing on an application for a family violence protective order within fourteen days of the filing of the application.”
Daniel Mavero v. State (Tex. App. 2015). · cites it 3× “20 Tex. Fam. Code Ann. § 85.001 (a) (West 2008) .”
Dorian Kyle Sermon v. Marisol Hernandez (Tex. App. 2021). “The trial court had the legal authority to render a protective order binding against Sermon because the record contains proof that he was served with the application and notice of the hearing.”
Vecentie Morales v. A.D.W. (Tex. App. 2024). “008, a trial court may enter a default protective order “that is binding on a respondent who does not attend a hearing if: (1) the respondent received service of the application and notice of hearing; and (2) proof of service was filed with the court before the hearing,” Tex.…”
Anthony Salinas v. the State of Texas (Tex. App. 2024). “See TEX. FAM. CODE ANN. § 85.006 (protective order).”
Tayton Seth Finley v. Marguerite Breanne Finley (Tex. App. 2015). “Tex. Fam. Code Ann. § 85.006 (West 2014).”
Andre Hogg v. Sheila Rosemon (Tex. App. 2015). “TEX. FAM. CODE ANN. § 85.006 (West 2014).”
Brian Hunt v. State of Texas for the Prot. of K. C. (Tex. App. 2012). “See Tex. Fam. Code Ann. § 85.006 (a) (stating that court may render protective order on “respondent who does not attend a hearing” if respondent received service of application and notice of hearing).”
Show all 15 citing cases →
— Tex. Fam. Code § 85.006(a) — 6 cases
Amir-Sharif v. Hawkins, 246 S.W.3d 267 (Tex. App. 2007). “Tex. Fam.Code Ann. § 85.006(a) (Vernon 2002).”
Leslie Harmon Pilcher A/K/A Zenas Pilcher v. Tina Maddox (Tex. App. 2024). “” TEX. FAM. CODE § 85.006(a) (amended by Acts 2021, 87th Leg.”
Christopher Michael Dupuy v. Heather Rene Williams (Tex. App. 2021). “, Tex. Fam. Code § 85.006.” 10 Dupuy was served with the protective order application and notice of hearing on April 1, 2019 at 12:35 p.”
Ronderrick Johnson v. Talaun Bathsheba Hassean Simmons (Tex. App. 2020). “See Tex. Fam. Code Ann. § 85.006 . In his sole point, Johnson argues that the trial court erred by granting the default family violence protective order because the proof of service of the application for protective order had not been on file for ten days prior to the entry of…”
Dorian Kyle Sermon v. Marisol Hernandez (Tex. App. 2021). “The trial court had the legal authority to render a protective order binding against Sermon because the record contains proof that he was served with the application and notice of the hearing.”
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