Tex.
Code of Crim. Proc. Article 7B.0021
Standard Temporary Ex Parte Order Form
(a)
The court shall use the standardized temporary ex parte order form created by the Office of Court Administration of the Texas Judicial System under Section 72.039 (Protective Order Applications, Forms, and Materials), Government Code, to issue a temporary ex parte order under Article 7B.002.(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 (Trafficking of Persons), 20A.03 (Continuous Trafficking of Persons), 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual), 21.11 (Indecency with a Child), 22.011 (Sexual Assault), 22.012 (Indecent Assault), 22.021 (Aggravated Sexual Assault), 42.072 (Stalking), or 43.05 (Compelling Prostitution), Penal Code;(2)
any adult, including a parent or guardian, who is acting on behalf of a victim described by Subdivision (1), if the victim is younger than 18 years of age or an adult ward; or(3)
a prosecuting attorney acting on behalf of a person described by Subdivision (1) or (2).(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) 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 (Definitions), Chapter 432 (Texas Code of Military Justice), Government Code, with the consent of a person who is the victim of an offense under Section 22.011 (Sexual Assault), 22.012 (Indecent Assault), or 22.021 (Aggravated Sexual Assault), Penal Code, alleged to have been committed by a person subject to Chapter 432 (Texas Code of Military Justice), 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 (Protective Order Applications, Forms, and Materials), Government Code, that is available on the office’s Internet website.(a)
If the court finds from the information contained in an application for a protective order that there is a clear and present danger of sexual assault or abuse, indecent assault, stalking, trafficking, or other harm to the applicant, the court, without further notice to the alleged offender and without a hearing, may issue a temporary ex parte order for the protection of the applicant or any other member of the applicant’s family or household.(b)
For purposes of this article, a military protective order issued to a person because the person was a reported victim of an offense under Section 22.011 (Sexual Assault), 22.012 (Indecent Assault), or 22.021 (Aggravated Sexual Assault), Penal Code, constitutes sufficient information for a court to find there is a clear and present danger of sexual assault or abuse or other harm to the applicant.(b)
A court’s failure to use the standardized temporary ex parte order form as required under Subsection (a) does not affect the validity or enforceability of the temporary ex parte order issued.
Source:
Article 7B.0021 — Standard Temporary Ex Parte Order Form, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.7B.htm#7B.0021 (accessed Apr. 29, 2024).
