HB 2288
AN ACT relating to an affirmative defense by the respondent to an
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Allows a respondent in a protective order case to argue as an affirmative defense that family violence is not likely to occur in the future. The respondent must prove this defense by a preponderance of the evidence, which means they must show it is more likely than not that future family violence will not happen. If successful, the court may modify or not issue a protective order against the respondent, potentially providing more flexibility in family violence legal proceedings.
Bill Text
relating to an affirmative defense by the respondent to an application for a protective order. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 82, Family Code, is amended by adding Section 82.023 to read as follows: Sec. 82.023. AFFIRMATIVE DEFENSE. (a) A respondent to an application for a protective order may plead as an affirmative defense that family violence is not likely to occur in the future. (b) A respondent has the burden of proving an affirmative defense under Subsection (a) by a preponderance of the evidence. SECTION 2. Section 85.001(b), Family Code, is amended to (b) If the court finds that family violence has occurred, (1) shall render a protective order as provided by Section 85.022 applying only to a person found to have committed family violence, unless the person establishes an affirmative defense as provided by Section 82.023; and (2) may render a protective order as provided by Section 85.021 applying to both parties that is in the best interest of the person protected by the order or member of the family or household of the person protected by the order. SECTION 3. Section 82.023, Family Code, as added by this Act, applies to an application for a protective order that is filed on or after the effective date of this Act. An application for a protective order filed before the effective date of this Act is governed by the law in effect on the date the application is filed, and the former law is continued in effect for that purpose. SECTION 4. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to an affirmative defense by the respondent to an
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