Tex.
Gov't Code Section 72.039
Protective Order Applications, Forms, and Materials
(a)
The office shall develop and make available on the office’s Internet website standardized forms and other materials necessary to apply for, issue, deny, revise, rescind, serve, and enforce any of the following:(1)
a protective order under Title 4, Family Code, or Subchapter A, Chapter 7B (Protective Orders), Code of Criminal Procedure;(2)
a magistrate’s order for emergency protection under Article 17.292 (Magistrate’s Order for Emergency Protection), Code of Criminal Procedure; or(3)
a temporary ex parte order under Chapter 83 (Temporary Ex Parte Orders), Family Code, or Article 7B.002, Code of Criminal Procedure.(b)
Each standardized form developed under Subsection (a) to be used by a magistrate or court issuing an order must include:(1)
the prohibitions and requirements imposed on the respondent;(2)
the duration of the order;(3)
the potential consequences of violating the order; and(4)
any other admonishments or warnings required by law.(c)
The materials developed under Subsection (a) must include a procedure to ensure that a copy of the order is transmitted to all required parties and all relevant information required by Section 411.042 (Bureau of Identification and Records)(b)(6) is entered into the statewide law enforcement information system maintained by the Department of Public Safety under Section 411.042 (Bureau of Identification and Records) and any other applicable databases.(d)
In developing the required applications, forms, and materials, the office shall:(1)
consult with individuals, organizations, and state agencies that have knowledge and experience in the issues of protective orders, including:(A)
the Texas Council on Family Violence;(B)
the Department of Public Safety;(C)
nonprofit organizations that advocate for the survivors of sexual assault or family violence;(D)
individuals, organizations, and state agencies that provide training to judges, prosecutors, and law enforcement officers;(E)
the judges or justices of courts of varying jurisdictions;(F)
law enforcement agencies;(G)
prosecutors; and(H)
an organization that receives federal funding under the legal assistance for victims grant program and that has expertise in issues related to family violence, sexual assault, or stalking; and(2)
give consideration to promoting uniformity of law among the states that enact the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.(1)
“Clearance rate” has the meaning assigned by Section 72.083 (Trial Courts).(2)
“Judicial officer” means a district judge or an associate judge, master, magistrate, or referee who conducts proceedings for district courts.(b)
The office at least once every two years shall conduct a district court caseload analysis. The analysis must concentrate on the weighted caseload of the district courts in the 30 most populous counties in this state, considering the nature and complexity of cases heard by each court, and include the following information, disaggregated by county:(1)
the number of cases filed in each district court with jurisdiction in the county in each of the preceding five state fiscal years;(2)
the clearance rate for each district court with jurisdiction in the county in each of the preceding five state fiscal years;(3)
the number of estimated full-time equivalent judicial officers serving district courts in the county in the preceding state fiscal year;(4)
the number of full-time equivalent judicial officers needed to serve the district courts in the county based on the most recent weighted caseload analysis;(5)
the calendar year for creation of the most recently created district court in the county; and(6)
any other relevant information identified by the director.(c)
Not later than October 1 of each even-numbered year, the office shall report the results of the analysis conducted under Subsection (b) to the governor, the lieutenant governor, and each member of the legislature.
Source:
Section 72.039 — Protective Order Applications, Forms, and Materials, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.72.htm#72.039 (accessed Jun. 5, 2024).
