Texas Senate Bill SB1435

Texas 2009 - 81st Regular

Caption

Relating to family violence and protective orders.

Impact

The bill's provisions are designed to simplify and strengthen the framework within which protective orders are issued and enforced. This includes a more detailed definition of 'abuse' to encompass a wider range of harmful behaviors, reflecting contemporary understandings of family violence. The amendments also include enhancements to the procedural requirements for obtaining temporary ex parte orders, aiming to facilitate quicker legal responses to urgent situations of family violence.

Summary

SB1435 seeks to amend the Family Code of Texas to enhance the effectiveness and enforcement of protective orders related to family violence. It introduces new provisions for the enforcement of protective orders across different jurisdictions, allowing any court with relevant authority to enforce orders rendered by another court. This change addresses the challenges that arise when protective orders are issued from multiple courts, ensuring that victims are afforded consistent legal protections irrespective of court jurisdiction.

Conclusion

Ultimately, SB1435 represents a significant step towards greater accountability in the domain of family violence legislation. The proposed statutory changes aim to fortify protections for vulnerable populations while balancing concerns about judicial overreach and the need for effective family law measures that respond adequately to the realities faced by many affected families.

Contention

While the bill seeks to improve protections for victims of family violence, notable points of contention include concerns from some legislators regarding the implications of broader definitions of abuse. Critics argue that the expanded definitions may overreach and potentially criminalize ordinary parental disciplinary actions, while proponents emphasize the need for robust protections against abuse, defining the necessity to adapt legal definitions to modern contexts.