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Flashcards in TEMPORARY EX PARTE ORDERS Deck (19)
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If the court finds from the information contained in an application for a protective order that there is a _____ and _____ of family violence, the court, without further _____ to the individual alleged to have committed family violence and without a _____, may enter a temporary _____ order for the protection of the applicant or any other member of the family or household of the applicant.
(b) In a temporary _____ order, the court may direct a respondent to do or refrain from doing specified _____.

clear; present danger; notice; hearing; ex parte; ex parte; acts

1

Sec. 83.003. BOND NOT REQUIRED. The court, at the court's _____, may dispense with the necessity of a bond for a temporary ex parte order.

discretion

2

Any individual _____ by a temporary ex parte order _____ file a motion at _____ to vacate the order. On the filing of the motion to vacate, the court shall set a date for hearing the motion as soon as possible.

affected; may; any time

3

Sec. 83.005. CONFLICTING ORDERS. During the time the order is _____, a temporary ex parte order _____ over any other court order made under Title 5 to the extent of any conflict between the orders.

valid; prevails

4

(a) a person may only be _____ from the occupancy of the person's residence by a temporary ex parte order under this chapter if the applicant:
(1) files a _____ that provides a detailed description of the facts and circumstances requiring the exclusion of the person from the residence; and
(2) appears _____ to testify at a temporary ex parte hearing to justify the issuance of the order without notice.

excluded; sworn affidavit; in person

5

(b) Before the court may _____ a temporary ex parte order excluding a person from the person's _____, the court must find from the required affidavit and testimony that:
(1) the applicant requesting the excluding order either resides on the premises or has resided there within _____ before the date the application was filed;
(2) the person to be excluded has within the _____ before the date the application was filed committed family violence against a member of the household; and
(3) there is a _____ and _____ that the person to be excluded is likely to commit _____ against a member of the household.

render; residence; 30 days; 30 days; clear; present danger; family violence

6

The court may _____ the hearing on a temporary ex parte order to contact the respondent by _____ and provide the respondent the _____ to be present when the court resumes the hearing. Without regard to whether the respondent is able to be present at the hearing, the court shall resume the hearing before the end of the _____.

recess; telephone; opportunity; working day

7

In a protective order, the court may:
(1) prohibit a party from:
(A) _____ a child who is a member of the family or household from:
(i) the _____ of a person named in the order; or
(ii) the _____ of the court;
(B) transferring, encumbering, or otherwise disposing of _____, 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, from the possession of a person named in the order;

removing; possession; jurisdiction; property

8

In a protective order, the court may:
(2) grant _____ possession of a _____ to a party and, if appropriate, direct one or more parties to vacate the residence if the residence:
(A) is _____ owned or leased by the party receiving exclusive possession and a party being denied possession;
(B) is owned or leased by the party _____ possession; or
(C) is owned or leased by the party being _____ possession and that party has an obligation to support the party or a child of the party granted possession of the residence;

exclusive; residence; jointly; retaining; denied

9

In a protective order, the court may:
(3) provide for the _____ of and _____ to a child of a party if the person receiving possession of or access to the child is a parent of the child;

possession; access

10

In a protective order, the court may:
(4) require the _____ of _____ for a party or for a child of a party if the person required to make the _____ has an obligation to support the other party or the child; or

payment; support; payment

11

In a protective order, the court may:
(5) award to a party the _____ and _____ of specified property that is community property or jointly owned or leased property.

use; possession

12

In a protective order, the court _____ order the person found to have _____ family violence to perform acts specified by the court that the court determines are _____ or appropriate to prevent or reduce the _____ of family violence and may order that person to:
(1) complete a battering _____ and _____ program

may; committed; necessary; likelihood; intervention; prevention

13

In a protective order, the court _____ order the person found to have _____ family violence to perform acts specified by the court that the court determines are _____ or appropriate to prevent or reduce the likelihood of family violence and may order that person to:
(2) beginning on September 1, 2008, if the referral option under Subdivision (1) is not available, complete a program or _____ with a provider that has begun the _____ process described by Subsection (a-1); or

may; committed; necessary; counsel; accreditation

14

Sec. 85.023. EFFECT ON PROPERTY RIGHTS. A protective order or an _____ approved by the court under this subtitle _____ affect the title to real property.

agreement; does not

15

(a) A person found to have engaged in family violence who is _____ to attend a program or _____ shall file with the court an affidavit before the _____ day after the date the order was rendered stating either that the person has begun the program or counseling or that a program or counseling is not available within a reasonable _____ from the person's _____. A person who files an affidavit that the person has begun the program or counseling shall file with the court before the date the protective order _____ a statement that the person completed the program or counseling not later than the _____ day before the expiration date of the protective order or the _____ day before the first anniversary of the date the protective order was issued, whichever date is earlier. An affidavit under this subsection must be accompanied by a letter, notice, or certificate from the program or counselor that verifies the person's completion of the program or counseling. A person who fails to comply with this subsection may be punished for _____.
(b) A protective order must specifically advise the person subject to the order of the requirement of this section and the possible punishment if the person _____ with the requirement.

ordered; counseling; 60th; distance; residence; expires; 30th; 30th; contempt of court; fails to comply

16

(a-1) The court may render a protective order sufficient to protect the applicant and members of the applicant's family or household that is effective for a period that exceeds _____ years if the court finds that the person who is the subject of the protective order:
(1) caused _____ to the applicant or a member of the applicant's family or household; or
(2) was the subject of _____ previous protective orders rendered:
(A) to protect the person on whose behalf the current protective order is sought; and
(B) after a finding by the court that the subject of the protective order:
(i) has committed family violence; and
(ii) is likely to commit family violence in the future.

two; serious bodily injury; two or more

17

(b) A person who is the subject of a protective order may file a motion not earlier than the _____ anniversary of the date on which the order was rendered requesting that the court review the protective order and determine whether there is a continuing need for the order. A person who is the subject of a protective order under Subsection (a-1) that is effective for a period that exceeds _____ years may file a subsequent motion requesting that the court review the protective order and determine whether there is a continuing need for the order not earlier than the _____ anniversary of the date on which the court rendered an order on a previous motion by the person under this subsection. After a hearing on the motion, if the court does not make a finding that there is no continuing need for the protective order, the protective order remains in effect until the date the order expires under this section. Evidence of the movant's compliance with the protective order does not by itself support a finding by the court that there is no continuing need for the protective order. If the court finds there is no continuing need for the protective order, the court shall order that the protective order expires on a date set by the court.

first; two; first;

18

(c) If a person who is the subject of a protective order is _____ on the date the protective order would expire under Subsection (a) or (a-1), the period for which the order is effective is extended, and the order expires on the _____ anniversary of the date the person is released from confinement or imprisonment.

confined or imprisoned; first