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 § 85.041 (2026)

Delivery To Respondent

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Sec. 85.041. DELIVERY TO RESPONDENT. (a) A protective order rendered under this subtitle shall be:

(1) delivered to the respondent as provided by Rule 21a, Texas Rules of Civil Procedure;

(2) served in the same manner as a writ of injunction; or

(3) served in open court at the close of the hearing as provided by this section.

(b) The court shall serve an order in open court to a respondent who is present at the hearing by giving to the respondent a copy of the order, reduced to writing and signed by the judge or master. A certified copy of the signed order shall be given to the applicant at the time the order is given to the respondent. If the applicant is not in court at the conclusion of the hearing, the clerk of the court shall mail a certified copy of the order to the applicant not later than the third business day after the date the hearing is concluded.

(c) If the order has not been reduced to writing, the court shall give notice orally to a respondent who is present at the hearing of the part of the order that contains prohibitions under Section 85.022 or any other part of the order that contains provisions necessary to prevent further family violence. The clerk of the court shall mail a copy of the order to the respondent and a certified copy of the order to the applicant not later than the third business day after the date the hearing is concluded.

(d) If the respondent is not present at the hearing and the order has been reduced to writing at the conclusion of the hearing, the clerk of the court shall immediately provide a certified copy of the order to the applicant and mail a copy of the order to the respondent not later than the third business day after the date the hearing is concluded.

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

Notes of Decisions
Cited in 3 cases, 2001–2013 · leading case: Marvin Harvey v. State, 48 S.W.3d 847 (Tex. App.—Austin 2001).
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Marvin Harvey v. State, 48 S.W.3d 847 (Tex. App.—Austin 2001). “” Tex. Fam.Code Ann. § 85.041 (West Supp. 2001).”
Marvin Harvey v. State, No. 03-99-00819-CR (Tex. App.—Austin May 31, 2001). “" Tex. Fam. Code Ann. § 85.041 (West Supp. 2001).”
David Robert Kalnbach v. State, No. 02-12-00533-CR (Tex. App.—Fort Worth June 20, 2013). “‖ Tex. Fam. Code Ann. § 85.041 (c) (West 2008).”
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