Abuse

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Abuse Laws
Texas

CHAPTER 84.
HEARING

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CHAPTER 84. HEARING

• § 84.001. Time Set for Hearing

• § 84.002. Extended Time for Hearing in District Court In Certain Counties

• § 84.003. Hearing Rescheduled for Failure of Service

• § 84.004. Hearing Rescheduled for Insufficient Notice

• § 84.005. Legislative Continuance

§ 84.001. Time Set for Hearing

     (a) On the filing of an application for a protective order, the court shall set a date and time for the hearing unless a later date is requested by the applicant. Except as provided by Section 84.002, the court may not set a date later than the 14th day after the date the application is filed.

     (b) The court may not delay a hearing on an application in order to consolidate it with a hearing on a subsequently filed application.

Added by Acts 1997, 75th Leg., ch. 34, § 1, eff. May 5, 1997.

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§ 84.002. Extended Time for Hearing in District Court In Certain Counties

     (a) On the request of the prosecuting attorney in a county with a population of more than 1.5 million or in a county in a judicial district that is composed of more than one county, the district court shall set the hearing on a date and time not later than 20 days after the date the application is filed or 20 days after the date a request is made to reschedule a hearing under Section 84.003.

     (b) The district court shall grant the request of the prosecuting attorney for an extended time in which to hold a hearing on a protective order either on a case-by-case basis or for all cases filed under this subtitle.

Added by Acts 1997, 75th Leg., ch. 34, § 1, eff. May 5, 1997. Amended by Acts 1997, 75th Leg., ch. 1193, § 12, eff. Sept. 1, 1997.

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§ 84.003. Hearing Rescheduled for Failure of Service

     (a) If a hearing set under this chapter is not held because of the failure of a respondent to receive service of notice of an application for a protective order, the applicant may request the court to reschedule the hearing.

     (b) Except as provided by Section 84.002, the date for a rescheduled hearing shall be not later than 14 days after the date the request is made.

Added by Acts 1997, 75th Leg., ch. 34, § 1, eff. May 5, 1997.

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§ 84.004. Hearing Rescheduled for Insufficient Notice

     (a) If a respondent receives service of notice of an application for a protective order within 48 hours before the time set for the hearing, on request by the respondent, the court shall reschedule the hearing for a date not later than 14 days after the date set for the hearing.

     (b) The respondent is not entitled to additional service for a hearing rescheduled under this section.

Added by Acts 1997, 75th Leg., ch. 34, § 1, eff. May 5, 1997.

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§ 84.005. Legislative Continuance

     If a proceeding for which a legislative continuance is sought under Section 30.003, Civil Practice and Remedies Code, includes an application for a protective order, the continuance is discretionary with the court.

Added by Acts 1999, 76th Leg., ch. 62, § 6.10, eff. Sept. 1, 1999.

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