Family Code · §85.022

Conduct Prohibited Under Protective Order

Conduct Prohibited Under Protective Order is covered under §85.022 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Protective Orders" on practice exams.

To prove this offense, the State must establish each of the following elements: Prohibition of firearm possession; Certain peace officer / military exceptions; Federal 18 U.S.C. §922(g)(8) overlay; Notice required to respondent.

Elements you must prove

  • Prohibition of firearm possession
  • Certain peace officer / military exceptions
  • Federal 18 U.S.C. §922(g)(8) overlay
  • Notice required to respondent

Practice 3 questions on this topic

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Worked examples

Worked example 1

Tex. Fam. Code §85.022 explicitly authorizes a final protective order to:

  1. Only prohibit contact
  2. Prohibit possession of a firearm by the respondent (subject to limited statutory exceptions and notice requirements); in addition, federal Lautenberg Amendment (18 U.S.C. §922(g)(8)) prohibits firearm possession by FV-respondents under qualifying orders Correct
  3. Allow firearm possession
  4. Only restrict location
Why: Final protective orders typically include firearm prohibitions. Federal Lautenberg Amendment makes firearm possession by qualifying FV protective-order respondents a federal felony.
Statute: Tex. Fam. Code §85.022(b)(6); 18 U.S.C. §922(g)(8)
Worked example 2

Under Tex. Fam. Code §85.022(a)(1), a protective order may require the respondent to:

  1. Stay away only
  2. Complete a battering intervention and prevention program (BIPP) accredited under Tex. Health & Safety Code §169.002 Correct
  3. Take an anger-management class
  4. Counseling only
Why: BIPP completion is a common protective-order condition. BIPP programs are specifically accredited and structured for FV intervention.
Statute: Tex. Fam. Code §85.022(a)(1)
Worked example 3

Tex. Fam. Code §85.022(b)(7) authorizes a protective order to prohibit:

  1. Only ranch ownership
  2. Removing children from the geographic area or jurisdiction without permission of the court Correct
  3. Owning property
  4. Commercial fishing
Why: FV protective orders commonly include geographic restrictions on the respondent's ability to remove children — particularly important to prevent abduction-type harms.
Statute: Tex. Fam. Code §85.022(b)(7)

Statutory definitions for this topic

BIPP (Battering Intervention and Prevention Program) Tex. Fam. Code §85.022(a)(1); Tex. Health & Safety Code §169.002
Accredited program required as a condition of many family-violence protective orders. Programs are accredited under HSC §169.002.
Lautenberg Amendment (federal) 18 U.S.C. §922(g)(8); Tex. Fam. Code §85.022(b)(6)
Federal 18 U.S.C. §922(g)(8) prohibits firearm possession by persons subject to qualifying family-violence protective orders. Federal felony separate from any state violation. Limited exceptions for peace officers / military in some configurations.