Texas Codes

Tex. Fam. Code § 85.022 (2026)

Requirements Of Order Applying To Person Who Committed Family Violence

✓ current as of May 2026

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Sec. 85.022. REQUIREMENTS OF ORDER APPLYING TO PERSON WHO COMMITTED FAMILY VIOLENCE. (a) In a protective order, the court may order the person found to have committed family violence to perform acts specified by the court that the court determines are necessary or appropriate to prevent or reduce the likelihood of family violence and may order that person to:

(1) complete a battering intervention and prevention program accredited under Article 42.141, Code of Criminal Procedure;

(2) beginning on September 1, 2008, if the referral option under Subdivision (1) is not available, complete a program or counsel with a provider that has begun the accreditation process described by Subsection (a-1); or

(3) if the referral option under Subdivision (1) or, beginning on September 1, 2008, the referral option under Subdivision (2) is not available, counsel with a social worker, family service agency, physician, psychologist, licensed therapist, or licensed professional counselor who has completed family violence intervention training that the community justice assistance division of the Texas Department of Criminal Justice has approved, after consultation with the licensing authorities described by Chapters 152, 501, 502, 503, and 505, Occupations Code, and experts in the field of family violence.

(a-1) Beginning on September 1, 2009, a program or provider serving as a referral option for the courts under Subsection (a)(1) or (2) must be accredited under Section 4A, Article 42.141, Code of Criminal Procedure, as conforming to program guidelines under that article.

(b) In a protective order, the court may prohibit the person found to have committed family violence from:

(1) committing family violence;

(2) communicating:

(A) directly with a person protected by an order or a member of the family or household of a person protected by an order, in a threatening or harassing manner;

(B) a threat through any person to a person protected by an order or a member of the family or household of a person protected by an order; and

(C) if the court finds good cause, in any manner with a person protected by an order or a member of the family or household of a person protected by an order, except through the party's attorney or a person appointed by the court;

(3) going to or near the residence or place of employment or business of a person protected by an order or a member of the family or household of a person protected by an order;

(4) going to or near the residence, child-care facility, or school a child protected under the order normally attends or in which the child normally resides;

(5) engaging in conduct directed specifically toward a person who is a person protected by an order or a member of the family or household of a person protected by an order, including following the person, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass the person;

(6) possessing a firearm, unless the person is a peace officer, as defined by Section 1.07, Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision;

(7) harming, threatening, or interfering with the care, custody, or control of a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code, that is possessed by or is in the actual or constructive care of a person protected by an order or by a member of the family or household of a person protected by an order; and

(8) tracking or monitoring personal property or a motor vehicle in the possession of a person protected by an order or of a member of the family or household of a person protected by an order, without the person's effective consent, including by:

(A) using a tracking application on a personal electronic device in the possession of the person or the family or household member or using a tracking device; or

(B) physically following the person or the family or household member or causing another to physically follow the person or member.

(c) In an order under Subsection (b)(3) or (4), the court shall specifically describe each prohibited location and the minimum distances from the location, if any, that the party must maintain. This subsection does not apply to an order in which Section 85.007 applies.

(d) In a protective order, the court shall suspend a license to carry a handgun issued under Subchapter H, Chapter 411, Government Code, that is held by a person found to have committed family violence.

(e) In this section, "firearm" has the meaning assigned by Section 46.01, Penal Code.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 14, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1412, Sec. 3, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 91, Sec. 8, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 23, Sec. 3, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 113 (S.B. 44), Sec. 4, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 11.21, eff. September 1, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 136 (S.B. 279), Sec. 2, eff. September 1, 2011.

Acts 2013, 83rd Leg., R.S., Ch. 543 (S.B. 555), Sec. 2, eff. September 1, 2013.

Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 12, eff. January 1, 2016.

Acts 2023, 88th Leg., R.S., Ch. 839 (H.B. 2715), Sec. 5, eff. September 1, 2023.

Notes of Decisions

Cited in 40 cases (14 in the last 5 years), 1998–2026 · leading case: Comm'n for Lawyer Discipline v. Benton, 980 S.W.2d 425 (Tex. 1998).

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Comm'n for Lawyer Discipline v. Benton, 980 S.W.2d 425 (Tex. 1998). · cites it 2× “, TEX. FAM. CODE § 85.022 (protective orders); TEX.”

Garcia v. State, 212 S.W.3d 877 (Tex. App. 2006). · cites it 2× “022(b)(2) (West 2002) (permitting court to prohibit "the person found to have committed family violence" from communicating with protected individual or "a member of the family or household of a person protected by an order").”

Harris v. State, 164 S.W.3d 775 (Tex. App. 2005). “Tex. Fam.Code Ann. § 85.022 (Vernon 2002).”

Ludwig v. State, 969 S.W.2d 22 (Tex. App. 1998). · cites it 2× “See Tex.Fam.Code Ann. § 85.022 (Vernon 1998) (discussing court’s power to order person to undergo treatment and/or counseling as well as perform certain acts while refraining from performing other acts).”

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. § 85.022 (Vernon 2002).”

Dukes v. State, 239 S.W.3d 444 (Tex. App. 2007). “Tex. Fam.Code Ann. § 85.022(c); Tex.Code CRiM.”

Commonwealth v. Telcinord, 113 N.E.3d 382 (Mass. App. Ct. 2018). “§ 13-3602 (2018); Texas prohibits "going to or near the residence or place of employment," Tex. Fam. Code Ann. § 85.022 (b)(3) (2017); Louisiana prohibits "going near the residence or place of employment," La.”

In Re Mgm, 163 S.W.3d 191 (Tex. App. 2005). “See Tex. Fam.Code Ann. § 85.022 (Vernon 2002).”

Joseph Claude Henry v. Megan Ann Whitlock-Henry (Tex. App. 2023). · cites it 5× “” Tex. Fam. Code § 85.022. “The legislative intent in passing Title IV was to ‘reduce the high incidence of deaths and injuries sustained by law enforcement officers in handling family disturbances and to aid law enforcement officers in protecting victims of family violence from…”

Ashraf Abdelmoneim Mahmoud v. Valerie Garcia Jackson (Tex. App. 2022). · cites it 4× “See TEX. FAM. CODE ANN. § 85.022. This section includes ordering attendance in a battering intervention program.”

Charles Roy Rodriguez v. Jane Doe (Tex. App. 2020). · cites it 3× “Additionally, giving the trial courts discretion, the statute further provides that “[i]n a protective order, the court may prohibit the person found to have committed family violence” from certain conduct. Id. at § 85.022(b) (emphasis added).”

Crystal Dolgener v. Steven Dolgener (Tex. App. 2021). · cites it 2× “See Tex. Fam. Code Ann. § 85.022 (b)(4) (allowing a court to prohibit a person subject to a protective order from “going to or near the residence, child-care facility, or school of a child protected under the order normally attends or in which the child normally resides”)…”

Show all 40 citing cases →

— Tex. Fam. Code § 85.022(a) — 2 cases

Joseph Claude Henry v. Megan Ann Whitlock-Henry (Tex. App. 2023). “” Tex. Fam. Code § 85.022. “The legislative intent in passing Title IV was to ‘reduce the high incidence of deaths and injuries sustained by law enforcement officers in handling family disturbances and to aid law enforcement officers in protecting victims of family violence from…”

Charles Roy Rodriguez v. Jane Doe (Tex. App. 2020). “Additionally, giving the trial courts discretion, the statute further provides that “[i]n a protective order, the court may prohibit the person found to have committed family violence” from certain conduct. Id. at § 85.022(b) (emphasis added).”

— Tex. Fam. Code § 85.022(a)(1) — 1 case

Ashraf Abdelmoneim Mahmoud v. Valerie Garcia Jackson (Tex. App. 2022). “See TEX. FAM. CODE ANN. § 85.022. This section includes ordering attendance in a battering intervention program.”

— Tex. Fam. Code § 85.022(b) — 5 cases

Ludwig v. State, 969 S.W.2d 22 (Tex. App. 1998). “See Tex.Fam.Code Ann. § 85.022 (Vernon 1998) (discussing court’s power to order person to undergo treatment and/or counseling as well as perform certain acts while refraining from performing other acts).”

Christine Lenore Stary v. Brady Neal Ethridge (Tex. App. 2022).

Turner, Mickey v. Roberson, Nicole (Tex. App. 2013).

Daniel Mavero v. State (Tex. App. 2015).

— Tex. Fam. Code § 85.022(b)(2) — 1 case

Garcia v. State, 212 S.W.3d 877 (Tex. App. 2006). “022(b)(2) (West 2002) (permitting court to prohibit "the person found to have committed family violence" from communicating with protected individual or "a member of the family or household of a person protected by an order").”

— Tex. Fam. Code § 85.022(b)(2)(A) — 1 case

Ashraf Abdelmoneim Mahmoud v. Valerie Garcia Jackson (Tex. App. 2022). “See TEX. FAM. CODE ANN. § 85.022. This section includes ordering attendance in a battering intervention program.”

— Tex. Fam. Code § 85.022(b)(3) — 2 cases

Ashraf Abdelmoneim Mahmoud v. Valerie Garcia Jackson (Tex. App. 2022). “See TEX. FAM. CODE ANN. § 85.022. This section includes ordering attendance in a battering intervention program.”

Samuel Peter Vives v. Amanda Lee Gersten (Tex. App. 2014).

— Tex. Fam. Code § 85.022(b)(5) — 1 case

— Tex. Fam. Code § 85.022(b)(6) — 1 case

Randy Brast & Ryan Brast v. David Brast, Janet Brast, & Matthew Brast (Tex. App. 2023).

— Tex. Fam. Code § 85.022(c) — 2 cases

Dukes v. State, 239 S.W.3d 444 (Tex. App. 2007). “Tex. Fam.Code Ann. § 85.022(c); Tex.Code CRiM.”

Ashraf Abdelmoneim Mahmoud v. Valerie Garcia Jackson (Tex. App. 2022). “See TEX. FAM. CODE ANN. § 85.022. This section includes ordering attendance in a battering intervention program.”

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