There is a new Texas law that amends the protective orders provision of the Texas Family Code. The new law creates a presumption that family violence has been committed if the respondent has a previous conviction for family violence or has received deferred adjudication for family violence.
The Texas protective orders statute requires the court to issue a protective order if the court finds that family violence has occurred and is likely to occur in the future.
The new law allows the Texas Court hearing the protective orders application to presume that family violence has occurred and is likely to occur in the future if:
- The respondent has been convicted of or placed on deferred adjudication community supervision for any of the following offenses against the child for whom the petition has been filed:
- An offense under Title 5, of the Texas Penal Code, for which the court has made an affirmative finding that the offense involved family violence under Article 42.013, Code of Criminal Procedure; or
- An offense under Title 6, of the Texas Penal Code;
- The respondent’s parental rights with respect to the child have been terminated; and
- The respondent to the protective order is seeking or attempting to seek contact with the child.