Texas Code of Criminal Procedure 7B.007 – Duration of Protective Order; Rescission
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(a) A protective order issued under Article 7B.003 may be effective for the duration of the lives of the offender and victim or for any shorter period stated in the order. If a period is not stated in the order, the order is effective until the second anniversary of the date the order was issued.
(a-1) The court shall issue a protective order effective for the duration of the lives of the offender and victim if the offender is:
(1) convicted of or placed on deferred adjudication community supervision for an offense listed in Article 7B.001(a)(1); and
(2) required under Chapter 62 to register for life as a sex offender.
Terms Used In Texas Code of Criminal Procedure 7B.007
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(b) The following persons may file at any time an application with the court to rescind the protective order:
(1) a victim of an offense listed in Article 7B.001(a)(1) who is 18 years of age or older;
(2) subject to Subsection (b-1), a parent or guardian acting on behalf of a victim of an offense listed in Article 7B.001(a)(1) who is younger than 18 years of age or an adult ward; or
(3) a person not otherwise described by Subdivision (1) or (2) who filed the application for the protective order.
(b-1) A parent or guardian may not file an application to rescind the protective order under Subsection (b)(2) if the parent or guardian is the alleged offender subject to the protective order.
(c) To the extent of any conflict with § 85.025, Family Code, this article prevails.