Texas Code of Criminal Procedure 7B.102 – Required Findings; Issuance of Protective Order
Terms Used In Texas Code of Criminal Procedure 7B.102
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
The court shall issue a protective order in the manner provided by Title 4, Family Code, if, in lieu of the finding that family violence occurred as required by § 85.001, Family Code, the court finds that:
(1) probable cause exists to believe that an offense under Title 5, Penal Code, or § 28.02, 28.03, or 28.08, Penal Code, was committed;
(2) the defendant committed the offense because of bias or prejudice; and
(3) the nature of the scheme or course of conduct engaged in by the defendant in committing the offense indicates the defendant is likely in the future to:
(A) engage in conduct prohibited by Title 5, Penal Code, or § 28.02, 28.03, or 28.08, Penal Code; and
(B) engage in that conduct described by Paragraph (A) because of bias or prejudice.