Tex. Code Crim. Proc. art. 7B.001 · Subchapter A. PROTECTIVE ORDER FOR VICTIMS OF CERTAIN SEXUAL, STALKING, TRAFFICKING, OR BURGLARY OFFENSES
APPLICATION FOR PROTECTIVE ORDER.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The following persons may file an application for a protective order under this subchapter without regard to the relationship between the applicant and the alleged offender:
(1) a person who is the victim of an offense under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021, 42.072, or 43.05, Penal Code;
(2) a person who is the victim of an offense under Section 30.02, Penal Code, that is punishable under Subsection (c)(2) or (d) of that section;
(3) any adult, including a parent or guardian, who is acting on behalf of a victim described by Subdivision (1) or (2), if the victim is younger than 18 years of age or an adult ward; or
(4) a prosecuting attorney acting on behalf of a person described by Subdivision (1), (2), or (3).
(a-1) Except as provided by Subsection (a-2), if an application has not yet been filed in the case under Subsection (a), the attorney representing the state shall promptly file an application for a protective order with respect to each victim of an offense listed in Subdivision (1) or (2) of that subsection following the offender's conviction of or placement on deferred adjudication community supervision for the offense.
(a-2) The attorney representing the state may not file an application under Subsection (a-1) with respect to a victim if the victim requests that the attorney representing the state not file the application. This subsection does not apply to a victim who is younger than 18 years of age or who is an adult ward.
(a-3) In addition to the persons having standing to file the application under Subsection (a), the state sexual offense response coordinator described by Subchapter J-1, Chapter 432, Government Code, with the consent of a person who is the victim of an offense under Section 22.011, 22.012, or 22.021, Penal Code, alleged to have been committed by a person subject to Chapter 432, Government Code, may file an application for a protective order under this subchapter on behalf of the victim.
(b) An application for a protective order under this subchapter may be filed in:
(1) a district court, juvenile court having the jurisdiction of a district court, statutory county court, or constitutional county court in:
(A) the county in which the applicant resides;
(B) the county in which the alleged offender resides; or
(C) any county in which an element of the alleged offense occurred; or
(2) any court with jurisdiction over a protective order under Title 4, Family Code, involving the same parties named in the application.
(c) A person filing an application under this article shall use the protective order application form created by the Office of Court Administration of the Texas Judicial System under Section 72.039, Government Code, that is available on the office's Internet website.
Notes and commentary — not statutory text
History
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.02, eff. January 1, 2021.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 787 (H.B. 39), Sec. 5, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 787 (H.B. 39), Sec. 6, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 846 (S.B. 623), Sec. 3, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 4.002(b), eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(8), eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 1037 (S.B. 48), Sec. 1, eff. June 18, 2023.
Acts 2025, 89th Leg., R.S., Ch. 251 (H.B. 2596), Sec. 2, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.7B.htm
- Text hash
- sha256 91900407d5525a5f2088082398322d946ca8c335a42860e5ea880bbc8128baf4
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Family Code
Government Code
- Tex. Gov't Code § 72.039PROTECTIVE ORDER APPLICATIONS, FORMS, AND MATERIALS.Printed as Section 72.039, Government Code
- Tex. Gov't Code ch. 432TEXAS CODE OF MILITARY JUSTICEPrinted as Chapter 432, Government Code
- Tex. Gov't Code ch. 432, subch. J-1SEXUAL OFFENSE PREVENTION AND RESPONSEPrinted as Subchapter J-1, Chapter 432, Government Code
Penal Code
- Tex. Penal Code § 20A.02TRAFFICKING OF PERSONS.Printed as Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021, 42.072, or 43.05, Penal Code
- Tex. Penal Code § 20A.03CONTINUOUS TRAFFICKING OF PERSONS.Printed as Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021, 42.072, or 43.05, Penal Code
- Tex. Penal Code § 21.02CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL.Printed as Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021, 42.072, or 43.05, Penal Code
- Tex. Penal Code § 21.11INDECENCY WITH A CHILD.Printed as Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021, 42.072, or 43.05, Penal Code
- Tex. Penal Code § 22.011SEXUAL ASSAULT.Printed as Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021, 42.072, or 43.05, Penal Code | Section 22.011, 22.012, or 22.021, Penal Code
- Tex. Penal Code § 22.012INDECENT ASSAULT.Printed as Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021, 42.072, or 43.05, Penal Code | Section 22.011, 22.012, or 22.021, Penal Code
- Tex. Penal Code § 22.021AGGRAVATED SEXUAL ASSAULT.Printed as Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021, 42.072, or 43.05, Penal Code | Section 22.011, 22.012, or 22.021, Penal Code
- Tex. Penal Code § 30.02BURGLARY.Printed as Section 30.02, Penal Code
- Tex. Penal Code § 42.072STALKING.Printed as Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021, 42.072, or 43.05, Penal Code
- Tex. Penal Code § 43.05COMPELLING PROSTITUTION.Printed as Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021, 42.072, or 43.05, Penal Code
Cited by 4 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 7B.001. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 7B.002TEMPORARY EX PARTE ORDER.Printed as Article 7B.001(a)(1)
- Tex. Code Crim. Proc. art. 7B.003REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE ORDER.Printed as Article 7B.001(a)(1)
- Tex. Code Crim. Proc. art. 7B.007DURATION OF PROTECTIVE ORDER; RESCISSION.Printed as Article 7B.001(a)(1)
- Tex. Code Crim. Proc. art. 56A.052ADDITIONAL RIGHTS OF VICTIMS OF CERTAIN SEXUAL, TRAFFICKING, OR BURGLARY OFFENSES.Printed as Article 7B.001 | Article 7B.001(a)(1)
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