Texas House Bill HB3466

Texas 2021 - 87th Regular

Caption

Relating to protective orders; making conforming changes.

Impact

The proposed amendments to the Family Code emphasize that protective orders can be mutually agreed upon by parties involved in a domestic dispute, provided they are court-approved. The bill modifies the requirements surrounding notifications and service of the protective orders, making it imperative for courts to ensure that parties who miss hearings still have their rights protected if they can prove proper notification occurred. This shift is intended to reduce obstacles that might prevent victims from securing necessary protection.

Summary

House Bill 3466 seeks to amend existing provisions related to protective orders within the Texas Family Code and the Code of Criminal Procedure. This bill introduces several critical changes aimed at facilitating the process of applying for and enforcing protective orders. Notably, it allows for more streamlined procedures in which victims can secure protective orders without a prolonged process, emphasizing the need for expediency in cases related to domestic violence and other offenses outlined within the bill.

Contention

Some areas of contention may arise regarding the implications of the bill for the rights of victims versus the rights of the accused. By allowing the state attorney to file protective orders on behalf of victims without their explicit consent if they are underage or incapacitated, there are concerns about potential overreach. The revisions may spark discussions regarding the balance between victim safety and the due process rights of offenders. Moreover, the change in the penalty framework for violations of protective orders increases the stakes for offenders, presenting a substantial shift in how these matters are adjudicated.