This post continues the discussion of the unconstitutionality of protective orders under the Texas Family Code and picks up from Part I previously published.
The Fifth Amendment to the United States Constitution holds:
No person shall be held to
Protective orders under the Texas Family Code are intended to protect a person from family violence, but this protection cannot be obtained by violating the constitutions of both the United States and Texas. Texas Family Code chapter 83 addresses temporary ex parte protective orders. Texas Family Code chapter 85 addresses final protective orders. It
Effective September 1, 2015, the law pertaining to the definition of family violence has been expanded by the Texas Legislature. Now, the code prohibits family violence, including a person who applied for a protective order. The prior version of the law prohibited violence against the victim, but left a loophole for violence against a person
A parent subject to a court order affecting their children in Texas has long been required to disclose if they were living with a person who had been convicted of a sexual offense. Under a new law passed this year, parents in Texas have more stringent reporting requirements. A parent must disclose to the other
