WHO MAY FILE APPLICATION

§ 82.002. WHO MAY FILE APPLICATION.
(a) With regard to family violence under Section 71.004(1) or (2), an adult member of the family or household may file an application for a protective order to protect the applicant or any other member of the applicant's family or household
(b) With regard to family violence under Section 71.004(3), an application for a protective order to protect the applicant maybe filed by an adult member of the dating relationship.
(c) Any adult may apply for a protective order to protect a child from family violence.
(d) In addition, an application may be filed for the protection of any person alleged to be a victim of family violence
by:
(1) a prosecuting attorney; or
(2) the Department of Protective and Regulatory Services.
(e) The person alleged to be the victim of family violence in an application filed under Subsection (c) or (d) is considered to be the applicant for a protective order under this subtitle.

§ 81.001. ENTITLEMENT TO PROTECTIVE ORDER. A court
shall render a protective order as provided by Section 85.001(b) if the court finds that family violence has occurred and is likely to occur in the future.

§ 81.002. NO FEE FOR APPLICANT. An applicant for a
protective order or an attorney representing an applicant may not be assessed a fee, cost, charge, or expense by a district or county clerk of the court or a sheriff, constable, or other public official or employee in connection with the filing, serving, or entering of a
protective order or for any other service described by this subsection, including:
(1) a fee to dismiss, modify, or withdraw a protective order;
(2) a fee for certifying copies;
(3) a fee for comparing copies to originals;
(4) a court reporter fee;
(5) a judicial fund fee;
(6) a fee for any other service related to a protective order; or
(7) a fee to transfer a protective order.

§ 81.003. FEES AND COSTS PAID BY PARTY FOUND TO HAVE COMMITTED FAMILY VIOLENCE. (a) Except on a showing of good cause or of the indigence of a party found to have committed family violence, the court shall require in a protective order that the party against whom the order is rendered pay the $16 protective order fee, the standard fees charged by the clerk of the court in a general civil proceeding for the cost of serving the order, the costs of court, and all other fees, charges, or expenses incurred in connection with the protective order.
(b) The court may order a party against whom an agreed protective order is rendered under Section 85.005 to pay the fees required in Subsection (a).

§ 81.004. CONTEMPT FOR NONPAYMENT OF FEE. (a) A party who is ordered to pay fees and costs and who does not pay before the date specified by the order may be punished for contempt of court as provided by Section 21.002, Government Code.
(b) If a date is not specified by the court under Subsection(a), payment of costs is required before the 60th day after the date the order was rendered.

§ 81.005. ATTORNEY'S FEES. (a) The court may assess
Reasonable attorney's fees against the party found to have committed family violence or a party against whom an agreed protective order is rendered under Section 85.005 as compensation for the services of a private or prosecuting attorney or an attorney employed by the Department of Protective and Regulatory Services.
(b) In setting the amount of attorney's fees, the court shall consider the income and ability to pay of the person against whom the fee is assessed.

§ 81.006. PAYMENT OF ATTORNEY'S FEES. The amount of fees collected under this chapter as compensation for the fees:
(1) of a private attorney shall be paid to the private attorney who may enforce the order for fees in the attorney's own name;
(2) of a prosecuting attorney shall be paid to the credit of the county fund from which the salaries of the employees of the prosecuting attorney are paid or supplemented; and
(3) of an attorney employed by the Department of Protective and Regulatory Services shall be deposited in the general revenue fund to the credit of the department of Protective and Regulatory Services.

The Stephens Law Firm will represent people anywhere in Texas, or across the United States if the case merits it. The communities we have frequently served over the past 22 years include: Houston, Katy, Beaumont, Liberty, Richmond, Rosenberg, Wharton, Corpus-Christi, Waller, Austin, Brownsville, McAllen, Dallas, and San Antonio. We have extensive experience in the County and District Courts of Harris County, Ft Bend County, Nueces County, Wharton County, Bexar County, Liberty County, and Jefferson County.

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