Texas Family Code 85.021 – Requirements of Order Applying to Any Party
Terms Used In Texas Family Code 85.021
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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
- Property: means real and personal property. See Texas Government Code 311.005
In a protective order, the court may:
(1) prohibit a party from:
(A) removing a child who is a member of the family or household from:
(i) the possession of a person named in the order; or
(ii) the jurisdiction of the court;
(B) transferring, encumbering, or otherwise disposing of property, other than in the ordinary course of business, that is mutually owned or leased by the parties; or
(C) removing a pet, companion animal, or assistance animal, as defined by § 121.002, Human Resources Code, from the possession or actual or constructive care of a person named in the order;
(2) grant exclusive possession of a residence to a party and, if appropriate, direct one or more parties to vacate the residence if the residence:
(A) is jointly owned or leased by the party receiving exclusive possession and a party being denied possession;
(B) is owned or leased by the party retaining possession; or
(C) is owned or leased by the party being denied possession and that party has an obligation to support the party or a child of the party granted possession of the residence;
(3) provide for the possession of and access to a child of a party if the person receiving possession of or access to the child is a parent of the child;
(4) require the payment of support for a party or for a child of a party if the person required to make the payment has an obligation to support the other party or the child; or
(5) award to a party the use and possession of specified property that is community property or jointly owned or leased property.