Family Code · §85.006

Protective Orders

Protective Orders is covered under §85.006 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Proper service shown; Respondent fails to appear; Court renders final order on application + evidence.

Elements you must prove

  • Proper service shown
  • Respondent fails to appear
  • Court renders final order on application + evidence

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Worked examples

Worked example 1

Tex. Fam. Code §85.005 / §85.006 procedural rule for default judgment in protective order cases:

  1. Always allowed
  2. Court may render a final protective order against a non-appearing respondent if proper service is shown Correct
  3. Not allowed in any case
  4. Only with respondent's consent
Why: Default protective orders are common where respondents are properly served but fail to appear at the hearing.
Statute: Tex. Fam. Code §85.006