Sec. 82.008. APPLICATION FILED AFTER EXPIRATION OF FORMER PROTECTIVE ORDER. (a) An application for a protective order that is filed after a previously rendered protective order has expired must include:
(1) a copy of the expired protective order attached to the application or, if a copy of the expired protective order is unavailable, a statement that the order is unavailable to the applicant and that a copy of the order will be filed with the court before the hearing on the application;
(2) a description of either:
(A) the violation of the expired protective order, if the application alleges that the respondent violated the expired protective order by committing an act prohibited by that order before the order expired; or
(B) the threatened harm that reasonably places the applicant in fear of imminent physical harm, bodily injury, assault, or sexual assault; and
(3) if a violation of the expired order is alleged, a statement that the violation of the expired order has not been grounds for any other order protecting the applicant that has been issued or requested under this subtitle.
(b) The procedural requirements for an original application for a protective order apply to a protective order requested under this section.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by Acts 1999, 76th Leg., ch. 1160, Sec. 1, eff. Sept. 1, 1999.
Structure Texas Statutes
Title 4 - Protective Orders and Family Violence
Subtitle B - Protective Orders
Chapter 82 - Applying for Protective Order
Subchapter A. Application for Protective Order
Section 82.002. Who May File Application
Section 82.004. Contents of Application
Section 82.006. Application Filed After Dissolution of Marriage
Section 82.007. Application Filed for Child Subject to Continuing Jurisdiction
Section 82.008. Application Filed After Expiration of Former Protective Order
Section 82.0085. Application Filed Before Expiration of Previously Rendered Protective Order
Section 82.009. Application for Temporary Ex Parte Order