(1) A court may not grant a mutual order or mutual orders for protection to opposing parties, unless each party: (a) files an independent petition against the other for a protective order, and both petitions are served; (b) makes a showing at a due process protective order hearing of abuse or dating violence committed by the other party; and (c) demonstrates the abuse or dating violence did not occur in self-defense.
(a) files an independent petition against the other for a protective order, and both petitions are served;
(b) makes a showing at a due process protective order hearing of abuse or dating violence committed by the other party; and
(c) demonstrates the abuse or dating violence did not occur in self-defense.
(2) If the court issues mutual protective orders, the court shall include specific findings of all elements of Subsection (1) in the court order justifying the entry of the court order.
(3) A court may not grant an order for protection to a civil petitioner who is the respondent or defendant subject to a protective order, child protective order, or ex parte child protective order: (a) issued under: (i) this chapter; (ii)Title 77, Chapter 36, Cohabitant Abuse Procedures Act; (iii)Title 78A, Chapter 6, Juvenile Court Act; (iv)Chapter 7, Part 1, Cohabitant Abuse Act; or (v) a foreign protection order enforceable under Chapter 7, Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act; and (b) unless the court determines that the requirements of Subsection (1) are met, and: (i) the same court issued the order for protection against the respondent; or (ii) if the matter is before a subsequent court, the subsequent court: (A) determines it would be impractical for the original court to consider the matter; or (B) confers with the court that issued the order for protection.
(a) issued under: (i) this chapter; (ii)Title 77, Chapter 36, Cohabitant Abuse Procedures Act; (iii)Title 78A, Chapter 6, Juvenile Court Act; (iv)Chapter 7, Part 1, Cohabitant Abuse Act; or (v) a foreign protection order enforceable under Chapter 7, Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act; and
(i) this chapter;
(ii)Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
(iii)Title 78A, Chapter 6, Juvenile Court Act;
(iv)Chapter 7, Part 1, Cohabitant Abuse Act; or
(v) a foreign protection order enforceable under Chapter 7, Part 3, Uniform Interstate Enforcement of Domestic Violence Protection Orders Act; and
(b) unless the court determines that the requirements of Subsection (1) are met, and: (i) the same court issued the order for protection against the respondent; or (ii) if the matter is before a subsequent court, the subsequent court: (A) determines it would be impractical for the original court to consider the matter; or (B) confers with the court that issued the order for protection.
(i) the same court issued the order for protection against the respondent; or
(ii) if the matter is before a subsequent court, the subsequent court: (A) determines it would be impractical for the original court to consider the matter; or (B) confers with the court that issued the order for protection.
(A) determines it would be impractical for the original court to consider the matter; or
(B) confers with the court that issued the order for protection.
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