Opinion
No. 14-03-00125-CV
Opinion filed May 1, 2003.
On Appeal from the 245th District Court, Harris County, Texas, Trial Court Cause No. 02-49999
Dismissed
Panel consists of Justices ANDERSON, SEYMORE, and GUZMAN.
MEMORANDUM OPINION
This is an attempted appeal from a protective order, signed October 21, 2002, that prohibited appellant from committing family violence, possessing a firearm, and communicating with appellee or engaging in conduct toward appellee that would be threatening or harassing. A motion for new trial was filed November 6, 2002. Appellant's notice of appeal was filed January 14, 2002.
Family violence protective orders are interlocutory and not appealable. Bilyeu v. Bilyeu, 86 S.W.3d 278, 282 (Tex.App.-Austin 2002, no pet.). While there is a split of authority concerning this issue, we hold that the protective order appellant attempts to appeal in this case is interlocutory and not appealable.
We note that this court, in an unpublished opinion, agreed with the proposition that family violence protective orders are interlocutory and not appealable. Maharaj v. Mathis, 2001 WL 395405, *2 (Tex.App.-Houston [14th Dist.] 2001, pet. denied)(unpublished opinion).
Other courts have determined that family violence protective orders constitute permanent injunctions which are appealable. Kelt v. Kelt, 67 S.W.3d 364 (Tex.App.-Waco 2001, no pet.); Cooke v. Cooke, 65 S.W.3d 785 (Tex.App.-Dallas 2001, no pet.); Streidel v. Streidel, 15 S.W.3d 163 (Tex.App.-Corpus Christi 2000, no pet.); James v. Hubbard, 985 S.W.2d 516 (Tex.App.-San Antonio 1998, no pet.).
On April 4, 2003, notification was transmitted to all parties of the Court's intent to dismiss the appeal for want of jurisdiction. See Tex.R.App.P. 42.3(a). Appellant filed no response.
Accordingly, the appeal is ordered dismissed.