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.—El Paso 2001).
In re Salgado, 53 S.W.3d 752 (Tex. App.—El Paso 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.”
Ex Parte Pool, 71 S.W.3d 462 (Tex. App.—Tyler 2002).
“See Tex. Fam. Code Ann. §§ 85.021 , 85.022 (Vernon Supp.”
Ludwig v. State, 969 S.W.2d 22 (Tex. App.—Fort Worth 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.—Beaumont 2005).
“See Tex. Fam.Code Ann. § 85.021 (Vernon 2002).”
Crystal Dolgener v. Steven Dolgener, 651 S.W.3d 242 (Tex. App.—Houston [14th Dist.] 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, No. 13-20-00283-CV (Tex. App.—Corpus Christi–Edinburg Jan. 13, 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 v. State, No. 03-15-00270-CV (Tex. App.—Austin Aug. 24, 2015).
· cites it 2× “16, 43, 44 Tex. Fam. Code §85.021 ..................”
Julio Molinar v. S. M., No. 08-15-00083-CV (Tex. App.—El Paso Feb. 8, 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, 629 S.W.3d 666 (Tex. App.—Houston [1st Dist.] 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, No. 05-21-00302-CV, 2022 WL 2167683 (Tex. App.—Dallas June 16, 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, No. 01-21-00729-CV, 2023 WL 4110851 (Tex. App.—Houston [1st Dist.] June 22, 2023).
“” TEX. FAM. CODE § 85.021(4). Here, the trial court’s protective order requires Father to pay Mother $1840 monthly in child support.”
Tex. Fam. Code § 85.021(1)(A)(i): 1 case
Julio Molinar v. S. M., No. 08-15-00083-CV (Tex. App.—El Paso Feb. 8, 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, No. 13-20-00283-CV (Tex. App.—Corpus Christi–Edinburg Jan. 13, 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, No. 05-21-00302-CV, 2022 WL 2167683 (Tex. App.—Dallas June 16, 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, 629 S.W.3d 666 (Tex. App.—Houston [1st Dist.] 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, No. 01-21-00729-CV, 2023 WL 4110851 (Tex. App.—Houston [1st Dist.] June 22, 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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