Texas House Bill HB850

Texas 2021 - 87th Regular

Caption

Relating to the issuance of a protective order by default.

Impact

The amendment aims to clarify and enhance the effectiveness of protective orders, which are critical in safeguarding individuals in domestic violence cases. By allowing courts to issue these orders without the presence of the respondent, the bill seeks to protect victims who might otherwise be left vulnerable due to the absence of a hearing. This aligns with the legislative intent to provide better protections for individuals in potentially dangerous situations by allowing legal remedies even when the accused party does not engage with the legal process.

Summary

House Bill 850 proposes amendments to Section 85.006 of the Family Code regarding the issuance of protective orders by default. The bill allows a court to render a protective order that is binding on a respondent who fails to attend a hearing, provided that the respondent received proper service of the application and notification of the hearing. This change is intended to streamline the process of granting protective orders in family law cases where a respondent does not comply with court requirements to appear.

Contention

While the bill's supporters argue that it provides necessary protections for victims of domestic violence, there may be concerns regarding due process. Critics could question the fairness of issuing orders in the absence of the accused, potentially impacting their rights to contest claims made against them. This aspect of the bill may lead to debates about balancing the need for victim protection with ensuring that the legal rights of all involved parties are respected.