Texas Senate Bill SB2023

Texas 2019 - 86th Regular

Caption

Relating to service of a notice of an application for a protective order.

Impact

The amendment to Section 82.043(c) of the Family Code will affect how protective order applications are communicated to the involved parties. By mandating that all notices are served personally or via traditional legal channels rather than through publication, the bill intends to strengthen the enforcement of protective orders. This could lead to more effective outcomes in cases of domestic violence or harassment where timely notice is crucial for the safety of the affected individuals.

Summary

Senate Bill 2023 aims to amend the service requirements for notices of applications for protective orders in Texas. The bill specifies that notice must be served in a manner consistent with the Texas Rules of Civil Procedure, while explicitly prohibiting service by publication. This change is intended to enhance the legal process surrounding protective orders, particularly in sensitive cases involving family dynamics, ensuring that individuals are properly informed and able to respond to such applications.

Contention

While the bill is largely seen as a positive step towards reforming the legal process for protective orders, there could be points of contention surrounding its implementation. Critics might argue that the prohibition of service by publication could create challenges in reaching individuals who intentionally avoid service, potentially complicating the enforcement of protective orders. Additionally, there may be discussions about the balance between ensuring proper notification and the practicality of service in diverse circumstances, particularly for survivors who may be fleeing from volatile situations.