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 § 85.021 (2026)

Requirements Of Order Applying To Any Party

✓ current as of May 2026
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Sec. 85.021. REQUIREMENTS OF ORDER APPLYING TO ANY PARTY. In a protective order, the court may:

(1) prohibit a party from:

(A) removing a child who is a member of the family or household from:

(i) the possession of a person named in the order; or

(ii) the jurisdiction of the court;

(B) transferring, encumbering, or otherwise disposing of property, other than in the ordinary course of business, that is mutually owned or leased by the parties; or

(C) removing a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code, from the possession or actual or constructive care of a person named in the order;

(2) grant exclusive possession of a residence to a party and, if appropriate, direct one or more parties to vacate the residence if the residence:

(A) is jointly owned or leased by the party receiving exclusive possession and a party being denied possession;

(B) is owned or leased by the party retaining possession; or

(C) is owned or leased by the party being denied possession and that party has an obligation to support the party or a child of the party granted possession of the residence;

(3) provide for the possession of and access to a child of a party if the person receiving possession of or access to the child is a parent of the child;

(4) require the payment of support for a party or for a child of a party if the person required to make the payment has an obligation to support the other party or the child; or

(5) award to a party the use and possession of specified property that is community property or jointly owned or leased property.

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

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 136 (S.B. 279), Sec. 1, eff. September 1, 2011.

Acts 2013, 83rd Leg., R.S., Ch. 543 (S.B. 555), Sec. 1, eff. September 1, 2013.

Notes of Decisions
Cited in 14 cases (6 in the last 5 years), 1998–2023 · leading case: In Re Salgado, 53 S.W.3d 752 (Tex. App. 2001).
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In Re Salgado, 53 S.W.3d 752 (Tex. App. 2001). “Tex.Fam.Code Ann. § 85.021. Section 83.005 expressly provides that a temporary ex parte order — issued without notice or hearing — prevails to the extent of any conflict with an order issued under Title 5.”
in the Interest of M.G.M. & V.A.M., 163 S.W.3d 191 (Tex. App. 2005). · cites it 2× “See Tex. Fam. Code Ann. § 85.021 (Vernon 2002).”
Ex Parte Pool, 71 S.W.3d 462 (Tex. App. 2002). “See Tex. Fam. Code Ann. §§ 85.021 , 85.022 (Vernon Supp.”
Ludwig v. State, 969 S.W.2d 22 (Tex. App. 1998). “See Tex.Fam. Code Ann. § 85.021 (Vernon 1998) (outlining possible contents of a general protective order).”
In Re Mgm, 163 S.W.3d 191 (Tex. App. 2005). “See Tex. Fam.Code Ann. § 85.021 (Vernon 2002).”
Crystal Dolgener v. Steven Dolgener (Tex. App. 2021). · cites it 3× “See Tex. Fam. Code Ann. §§ 85.021 (providing prohibitions a trial court may enter against any party to a protective order), 85.”
Kevin Shae Cox v. Misty Leigh Walden (Tex. App. 2022). · cites it 2× “); TEX. FAM. CODE ANN. §§ 85.021 (listing prohibitions a trial court may enter against any party to a protective order), 85.”
Suzanna Eckchum A/K/A Susan Eckhert v. State (Tex. App. 2015). · cites it 2× “16, 43, 44 Tex. Fam. Code §85.021 ..................”
Julio Molinar v. S. M. (Tex. App. 2017). “See TEX.FAM.CODE ANN. § 85.021(1)(A)(i) (protective order may prohibit a party from removing a child who is a member of the family or household from the possession of a person named in the order).”
Lei Yang v. Yuzhuo Cao (Tex. App. 2021). “TEX. FAM. CODE § 85.021(3), (4). Because there is statutory authority for the trial court to order the transfer of the car, with the accompanying payments and insurance, and the spousal maintenance, we overrule issues two and three.”
Ashraf Abdelmoneim Mahmoud v. Valerie Garcia Jackson (Tex. App. 2022). “TEX. FAM. CODE ANN. § 85.021(2). Because the evidence was legally and factually sufficient to support the trial court’s family –14– violence finding, the evidence was likewise sufficient to support appellant’s exclusion from the home.”
Eric Scott Walsh v. Rebecca Leeann Gonzalez (Tex. App. 2023). “” TEX. FAM. CODE § 85.021(4). Here, the trial court’s protective order requires Father to pay Mother $1840 monthly in child support.”
Show all 14 citing cases →
— Tex. Fam. Code § 85.021(1)(A)(i) — 1 case
Julio Molinar v. S. M. (Tex. App. 2017). “See TEX.FAM.CODE ANN. § 85.021(1)(A)(i) (protective order may prohibit a party from removing a child who is a member of the family or household from the possession of a person named in the order).”
— Tex. Fam. Code § 85.021(2) — 2 cases
Kevin Shae Cox v. Misty Leigh Walden (Tex. App. 2022). “); TEX. FAM. CODE ANN. §§ 85.021 (listing prohibitions a trial court may enter against any party to a protective order), 85.”
Ashraf Abdelmoneim Mahmoud v. Valerie Garcia Jackson (Tex. App. 2022). “TEX. FAM. CODE ANN. § 85.021(2). Because the evidence was legally and factually sufficient to support the trial court’s family –14– violence finding, the evidence was likewise sufficient to support appellant’s exclusion from the home.”
— Tex. Fam. Code § 85.021(3) — 1 case
Lei Yang v. Yuzhuo Cao (Tex. App. 2021). “TEX. FAM. CODE § 85.021(3), (4). Because there is statutory authority for the trial court to order the transfer of the car, with the accompanying payments and insurance, and the spousal maintenance, we overrule issues two and three.”
— Tex. Fam. Code § 85.021(4) — 1 case
Eric Scott Walsh v. Rebecca Leeann Gonzalez (Tex. App. 2023). “” TEX. FAM. CODE § 85.021(4). Here, the trial court’s protective order requires Father to pay Mother $1840 monthly in child support.”
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