Texas 2023 - 88th Regular

Texas House Bill HB2095

Filed
2/9/23  
Out of House Committee
4/20/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the restrictions that may be included in a protective order on a person found to have committed family violence.

Impact

If enacted, HB 2095 would have a significant impact on state laws concerning the processing of protective orders. It would amend existing laws to ensure that judges actively engage with applicants during hearings, discussing various restrictions that can be imposed under protective orders and specifically asking if applicants wish certain restrictions to be included. By implementing these changes, the bill aims to create a more victim-centric approach to family violence cases, potentially increasing the effectiveness of protective orders and enhancing the overall safety of victims.

Summary

House Bill 2095 aims to amend provisions in the Texas Family Code regarding protective orders related to family violence. This legislation seeks to require courts to better inform applicants about the restrictions that can be included in protective orders. The bill emphasizes the need for clarity and understanding, ensuring that victims of family violence are fully informed about their rights and the specific restrictions they can request when applying for these orders. This added transparency is intended to empower victims and help them make informed decisions about their safety and legal protections.

Sentiment

The sentiment around HB 2095 appears to be generally positive among supporters. Advocates believe that the bill will improve the judicial process for protective orders by making it more accessible and understandable for those who need it most. However, the bill could face friction from legal professionals concerned about the additional procedural requirements it introduces, raising questions about resource allocation for courts. Overall, the discourse surrounding this legislation emphasizes the importance of victim awareness and safety in the context of family violence.

Contention

While the bill is seen as a step forward in refining the protective order process, some may argue it could inadvertently complicate court proceedings by adding new steps and discussions for the judge and applicant. There is also an ongoing debate about the adequacy of resources available to implement these changes effectively, particularly in counties with high rates of family violence where courts may already be overburdened. The emphasis on clearly communicating restrictions may require additional training for court personnel to ensure compliance with the new mandates outlined in HB 2095.

Texas Constitutional Statutes Affected

Family Code

  • Chapter 84. Hearing
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 85. Issuance Of Protective Order
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.