Texas House Bill HB2797

Texas 2009 - 81st Regular

Caption

Relating to family violence and protective orders.

Impact

The changes implemented by HB 2797 will have a significant impact on the enforcement of protective orders in Texas. By enabling courts to enforce orders issued by other jurisdictions, the bill aims to create a more cohesive legal framework for victims of family violence. This promotes accessibility and efficiency in the judicial response to family violence, ensuring that protective orders are honored regardless of where they were issued. Additionally, the specification of penalties for violations aims to deter potential offenders and protect victims more effectively.

Summary

House Bill 2797 aims to amend various sections of the Family Code related to family violence and protective orders, enhancing the way courts can enforce these orders across jurisdictions. The bill introduces new provisions that allow any court with jurisdiction over family violence matters to enforce protective orders issued by another court, further streamlining legal proceedings in situations involving family violence. Enhancements include the requirement for detailed descriptions in applications for protective orders and clarification of the penalties for violations of such orders, emphasizing the seriousness of compliance.

Contention

While HB 2797 seeks to strengthen the legal protections against family violence, concerns have been raised regarding its implications on due process and the potential for overreach in enforcement. Critics argue that the ability for different jurisdictions to enforce protective orders without a uniform standard may lead to inconsistencies in how orders are applied. Furthermore, there are questions about the adequacy of legal representation and support for individuals involved in such cases, emphasizing the need for a balanced approach that considers the rights of all parties.