Texas 2015 - 84th Regular

Texas Senate Bill SB815

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 

Caption

Relating to a temporary restraining order for preservation of property and protection of the parties in a suit for the dissolution of marriage.

Impact

The passing of SB815 introduces significant modifications to the Texas Family Code, particularly regarding how courts handle requests for temporary restraining orders in divorce cases. It broadens the scope of actions that can be prohibited under a restraining order, covering aspects like communication, property damage, and financial responsibilities. This advancement aims to better safeguard the interests of both parties involved and contribute to a more equitable and orderly legal process during challenging personal circumstances such as divorce.

Summary

SB815 is a legislative act aimed at establishing a temporary restraining order in Texas for the preservation of property and protection of parties involved in a dissolution of marriage. This bill allows a court to issue a restraining order without prior notice, ensuring that the rights of both parties are protected during the dissolution process. Specifically, the law prevents one party from engaging in behaviors that would harm, conceal, or misrepresent property assets, thus maintaining a level of fairness in the division of property amidst a divorce.

Sentiment

The sentiment surrounding the bill has generally been positive among lawmakers and advocates for family law reform. Supporters express that SB815 strengthens protections for vulnerable parties in divorce proceedings, reducing instances of financial and emotional exploitation. However, some opponents may view the lack of notice requirement as an area of concern, arguing it could be manipulated to disadvantage one party, thus highlighting the bill's potential for misuse under certain circumstances. Overall, the focus remains on balancing protections with fair legal practices.

Contention

Notable points of contention arose mainly around the conditions under which restraining orders could be issued. Some critics highlighted that the broad language in SB815 could lead to overreach, whereby one party might use the mechanism of a restraining order excessively or in bad faith. The ongoing conversation reflects the broader societal debate on how family law should evolve to adequately protect parties without compromising judicial fairness or due process rights during divorce proceedings.

Companion Bills

TX HB1460

Identical Relating to a temporary restraining order for preservation of property and protection of the parties in a suit for the dissolution of marriage.

Previously Filed As

TX HB2715

Relating to a prohibition on following an individual and tracking or monitoring the individual's personal property or motor vehicle and to the criminal prosecution of that conduct.

TX HB5291

Relating to an agreed divorce order in a suit for dissolution of marriage.

TX SB80

Relating to a suit for dissolution of marriage and associated suit affecting the parent-child relationship when a party is pregnant.

TX HB2094

Relating to a court order for the exclusive occupancy of the primary residence by a spouse during the pendency of a suit for dissolution of a marriage.

TX HB3754

Relating to a suit for dissolution of a marriage and associated suit affecting the parent-child relationship when a party is pregnant.

TX HB2067

Relating to the jurisdiction of a court in a suit to divide certain property not divided or awarded on the dissolution of a marriage.

TX SB869

Relating to suits affecting the parent-child relationship, including the payment and enforcement of support ordered in a suit affecting the parent-child relationship.

TX HB2246

Relating to suits affecting the parent-child relationship, including the payment and enforcement of support ordered in a suit affecting the parent-child relationship.

TX SB48

Relating to the issuance and effectiveness of protective orders, magistrate's orders for emergency protection, and temporary ex parte orders.

TX HB1784

Relating to certain requirements of protective orders and conditions of release on bond and to the criminal penalties for violating those requirements and conditions.

Similar Bills

TX SB1413

Relating to the electronic delivery of certain communications and payments required or permitted under the Property Tax Code; authorizing a fee.

CA AB1879

Property taxation: filing.

TX SB1486

Relating to the electronic payment of ad valorem taxes; authorizing a fee.

TX HB1608

Relating to the electronic payment of ad valorem taxes; authorizing a fee.

TX SB1487

Relating to the electronic delivery of certain communications required or permitted under the Property Tax Code.

TX HB1228

Relating to the delivery of certain information under the Property Tax Code.

TX HB1609

Relating to the electronic delivery of certain communications required or permitted under the Property Tax Code.