CCP & Fmly Code- Det cpl test 2015
Terms in this set (105)
Family violence primary duties of peace officers
Art. 5.04. DUTIES OF PEACE OFFICERS. (a) The primary duties of
a peace officer who investigates a family violence allegation or who
responds to a disturbance call that may involve family violence are
protect any potential victim of family violence,
enforce the law of this state,
enforce a protective order from another jurisdiction as provided by Chapter 88, Family Code, and
make lawful arrests of violators
Art. 5.05. REPORTS AND RECORDS. (a) A peace officer who investigates a family violence incident or who responds to a disturbance call that may involve family violence shall make a written report, including but not limited to:
(1) the names of the suspect and complainant;
(2) the date, time, and location of the incident;
(3) any visible or reported injuries;
(4) a description of the incident and a statement of its
(5) whether the suspect is a member of the state military forces or is serving in the armed forces of the United States in an active-duty status.
(a-1) In addition to the written report required under
Subsection (a), a peace officer who investigates a family violence incident or who responds to a disturbance call that may involve family violence shall make a report to the Department of Family and
Protective Services if the location of the incident or call, or the known address of a person involved in the incident or call, matches the address of a current licensed foster home or a verified agency
foster home as listed in the Texas Crime Information Center. The report under this subsection may be made orally or electronically and must:
You shall make the report and it must include...The report under this subsection may be made orally or electronically and must:
(1) include the information required by Subsection (a); and
(2) be filed with the Department of Family and Protective Services within 24 hours of the beginning of the investigation or receipt of the disturbance call.
You cannot be charged a fee by a court in
connection with filing, serving, or entering a protective order. For example, the court can enter an order that:
"(1) the abuser not commit further acts of violence;
"(2) the abuser not threaten, harass, or contact you at home;
"(3) directs the abuser to leave your household; and
"(4) establishes temporary custody of the children and directs the abuser not to interfere with the children or any property.
"A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED PROTECTION (such as (1) and (2) above) MAY BE A FELONY.
"CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL ORGANIZATIONS IF YOU NEED PROTECTION:
In order to ensure that officers responding to calls are
aware of the existence and terms of protective orders, each municipal police department and sheriff shall establish procedures within the department or office to
provide adequate information or access to
information for law enforcement officers of the names of persons protected by a protective order and of persons to whom protective orders are directed.
Each law enforcement officer shall accept a certified copy of an original or modified protective order as proof of the validity of the order and it is presumed the order remains valid unless:
(1) the order contains a termination date that has passed;
(2) it is more than one year after the date the order was
(3) the law enforcement officer has been notified by the clerk of the court vacating the order that the order has been vacated.
If a suspect is identified as being a member of the
military, as described by Subsection (a)(5), the peace officer shall provide written notice of the incident or disturbance call to the
staff judge advocate at Joint Force Headquarters or the provost marshal of the military installation to which the suspect is assigned with the intent that the commanding officer will be notified, as applicable.
Art. 8.04. DISPERSING RIOT. Whenever a number of persons are assembled together in such a manner as to constitute a riot, according to the penal law of the State, it is the duty of every magistrate or peace officer to cause such persons to disperse. This may either be done by
commanding them to disperse or by arresting the persons engaged, if necessary, either with or without warrant.
Art. 8.06. MEANS ADOPTED TO SUPPRESS. The officer engaged in suppressing a riot, and those who aid him are authorized and justified in adopting such measures as are necessary to suppress the riot, but are not authorized to use
any greater degree of force than is requisite to accomplish that object.
Art. 8.07. UNLAWFUL ASSEMBLY. The Articles of this Chapter relating to the suppression of riots apply equally to
an unlawful assembly and other unlawful disturbances, as defined by the Penal Code.
CHAPTER 14. ARREST WITHOUT WARRANT
OFFENSE WITHIN VIEW. (a) A peace officer or any
other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the
(b) A peace officer may arrest an offender without a warrant for
any offense committed in his presence or within his view.
Art. 14.02. WITHIN VIEW OF MAGISTRATE. A peace officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate
verbally orders the arrest of the offender.
14.03 AUTHORITY OF PEACE OFFICERS. (a) Any peace officer may arrest, without warrant (1):
(1) persons found in suspicious places and under
circumstances which reasonably show that such persons have been guilty of some felony, violation of Title 9, Chapter 42, Penal Code, breach of the peace, or offense under Section 49.02, Penal Code, or threaten, or are about to commit some offense against the laws;
(a) Any peace officer may arrest, without warrant (2):
(2) persons who the peace officer has probable cause to believe have committed an assault resulting in bodily injury to another person and the peace officer has probable cause to believe that there is danger of further bodily injury to that person;
(a) Any peace officer may arrest, without warrant (3):
(3) persons who the peace officer has probable cause to
believe have committed an offense defined by Section 25.07, Penal Code (violation of Protective Order), or by Section 38.112, Penal Code (violation of Protective Order issued on basis of sexual assault), if the offense is not committed in the presence of the peace officer;
(a) Any peace officer may arrest, without warrant (4):
(4) persons who the peace officer has probable cause to
believe have committed an offense involving family violence;
(a) Any peace officer may arrest, without warrant (5):
(5) persons who the peace officer has probable cause to
believe have prevented or interfered with an individual's ability to place a telephone call in an emergency, as defined by Section 42.062(d), Penal Code, if the offense is not committed in the presence of the peace officer; or
(a) Any peace officer may arrest, without warrant (6):
6) a person who makes a statement to the peace officer
that would be admissible against the person under Article 38.21 and establishes probable cause to believe that the person has committed a felony.
What Chapter of CCP gives officers the authority to arrest without warrant?
Chapter 14, specifically 14.03 is titled "Authority of Peace Officers" but the entire chapter grants authority.
A peace officer shall arrest, without a warrant a person the peace officer has probable cause to believe has committed an offense under Section 25.07, Penal Code (violation of Protective Order), or Section 38.112, Penal Code (violation of Protective Order issued on basis of sexual assault), if the offense is
committed in the presence of the peace officer.
(c) If reasonably necessary to verify an allegation of a
violation of a protective order or of the commission of an offense involving family violence, a peace officer
shall remain at the scene of the investigation to verify the allegation and to prevent the further commission of the violation or of family violence.
(d) A peace officer who is outside his jurisdiction may arrest, without warrant, a person who commits an offense within the officer's presence or view, if the offense is a felony, a violation of Chapter 42 or 49, Penal Code, or a breach of the peace. A peace officer
making an arrest under this subsection
shall, as soon as practicable after making the arrest, notify a law enforcement agency having jurisdiction where the arrest was made.
(g)(1) A peace officer listed in Subdivision (1), (2), or (5),
Article 2.12, who is licensed under Chapter 1701, Occupations Code, and is outside of the officer's jurisdiction
may arrest without a warrant a person who commits any offense within the officer's presence or view, other than a violation of Subtitle C, Title 7, Transportation Code.
(2) A peace officer listed in Subdivision (3), Article
2.12, who is licensed under Chapter 1701, Occupations Code, and is outside of the officer's jurisdiction may arrest without a warrant a person who commits any offense within the officer's presence or view, except that an officer described in this subdivision who is outside of that officer's jurisdiction may arrest a person for a violation of Subtitle C, Title 7, Transportation Code, only
if the offense is committed in the county or counties in which the municipality
employing the peace officer is located.
Art. 14.04. WHEN FELONY HAS BEEN COMMITTED. Where it is shown by satisfactory proof to a peace officer, upon the representation of a credible person, that a felony has been committed, and that the offender is about to escape, so that there is no time to procure a warrant, such peace officer
may, without warrant, pursue and arrest the accused.
an officer making an arrest without a warrant may not enter a residence to make the arrest unless:
a person who resides in the residence consents to the entry; or exigent circumstances require that the officer making the arrest enter the residence without the consent of a resident or without a warrant.
"fresh pursuit" means a pursuit without _____________________ by a peace officer of a person the officer reasonably suspects has committed a felony.
the person making the arrest or the person having custody of the person arrested shall take the person arrested or have him taken without unnecessary delay
but not later than 48 hours
the person making the arrest or the person having custody of the person arrested shall take the person arrested or have him taken without unnecessary delay but not later than 48 hours to provide more
expeditiously to the person arrested the warnings described by Article 15.17 of this Code, before a magistrate in any other county of this state. The magistrate shall immediately perform the duties described in Article 15.17 of this Code.
In lieu of arrest and bringing someone to a magistrate a peace officer may issue a citation to the person that contains
written notice of the time and place the person
must appear before a magistrate, the name and address of the person charged, the offense charged, and an admonishment.
In lieu of bringing someone to a magistrate a peace officer may issue a citation to the person that contains written notice of the time and place the person
must appear before a magistrate, the name and address of the person charged, the offense charged, and following admonishment, in boldfaced or underlined type or in capital letters:
"If you are convicted of a misdemeanor offense involving violence where you are or were a spouse, intimate partner, parent, or guardian of the victim or are or were involved in another, similar relationship with the victim, it may be unlawful for you to possess
or purchase a firearm, including a handgun or long gun, or ammunition, pursuant to federal law under 18 U.S.C. Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any questions whether these laws make it illegal for you to possess or purchase a firearm, you should consult an attorney."
(a) Any peace officer may arrest, without warrant:
(2) persons who the peace officer has probable cause to
Art. 15.02. REQUISITES OF WARRANT. It issues in the name of "The State of Texas", and shall be sufficient, without regard to form, if it have these substantial requisites:
1. It must specify the name of the person whose arrest is ordered, if it be known, if unknown, then some reasonably definite description must be given of him.
2. It must state that the person is accused of some offense against the laws of the State, naming the offense.
3. It must be signed by the magistrate, and his office be named in the body of the warrant, or in connection with his signature.
Art. 15.04. COMPLAINT. The affidavit made before the magistrate or district or county attorney is called
a "complaint" if it charges the commission of an offense.
Art. 15.05. REQUISITES OF COMPLAINT. The complaint shall be sufficient, without regard to form, if it have these substantial requisites:
1. It must state the name of the accused, if known, and if not known, must give some reasonably definite description of him.
2. It must show that the accused has committed some offense against the laws of the State, either directly or that the affiant has good reason to believe, and does believe, that the accused has committed such offense.
3. It must state the time and place of the commission of the offense, as definitely as can be done by the affiant .
4. It must be signed by the affiant by writing his name or affixing his mark.
A peace officer or an attorney representing the
state may not require a polygraph examination of a person who charges or seeks to charge in a complaint the commission of an offense under Sections
21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code.
the officer or attorney must inform the complainant
that the examination is not required and that a complaint may not be dismissed solely:
(1) because a complainant did not take a polygraph examination;
(2) on the basis of the results of a polygraph examination taken by the complainant.
A peace officer or an attorney representing the state may not take a polygraph examination of a person who charges or seeks to charge the commission of an offense listed in Subsection (a) unless
the officer or attorney provides the information in Subsection (b) to the person and the person signs a statement indicating the person understands the information.
A complaint may not be dismissed solely:
(1) because a complainant did not take a polygraph examination;
(2) on the basis of the results of a polygraph examination taken by the complainant.
Art. 15.18. ARREST FOR OUT-OF-COUNTY OFFENSE.
The magistrate shall:
(1) take bail, if allowed by law, and, if without
jurisdiction, immediately transmit the bond taken to the court having jurisdiction of the offense; or
(2) in the case of a person arrested under warrant for an offense punishable by fine only,
accept a written plea of guilty or nolo contendere, set a fine, determine costs, accept payment of the fine and costs, give credit for time served, determine indigency, or, on satisfaction of the judgment, discharge the defendant, as the case may indicate.
Art. 15.18. ARREST FOR OUT-OF-COUNTY OFFENSE.
(b) Before the 11th business day after the date a magistrate accepts a written plea of guilty or nolo contendere in a case under Subsection (a)(2), the magistrate shall, if without jurisdiction, transmit to the court having jurisdiction of the offense:
(1) the written plea;
(2) any orders entered in the case; and
(3) any fine or costs collected in the case.
Art. 15.22. WHEN A PERSON IS ARRESTED. A person is arrested when he has been actually placed
under restraint or taken into custody by an officer or person executing a warrant of arrest, or by an officer or person arresting without a warrant.
WHAT FORCE MAY BE USED. In making an arrest, all
reasonable means are permitted to be used to effect it. No greater force, however, shall be resorted to than
is necessary to secure the arrest and detention of the accused.
MAY BREAK DOOR. In case of felony, the officer may
break down the door of any house for the purpose of making an arrest, if
he be refused admittance after giving notice of his authority and purpose.
NOTIFICATION TO SCHOOLS REQUIRED. (a) A law
enforcement agency shall orally notify the
superintendent or a person designated by the superintendent in the school district in which the student is enrolled of that arrest or referral within
24 hours after the arrest or referral is made, or before the next school day, whichever is earlier.
Within seven days after the date the oral notice is given, the head of the law enforcement agency or the person designated by the head of the agency shall mail written notification, marked "PERSONAL and
CONFIDENTIAL" on the mailing envelope, to the superintendent or the person designated by the superintendent. The written notification must include the facts contained in the oral notification, the name
of the person who was orally notified, and the date and time of the oral notification. Both the oral and written notice shall contain
sufficient details of the arrest or referral and the acts allegedly committed by the student to enable the school to determine whether there is a reasonable
belief that the student has engaged in conduct defined as a felony offense by the Penal Code.
Upon conviction the prosecuting attorney will make a phone call and follow up by letter just as the chief would do for an arrest.
Notifications to Schools: (k) Oral or written notice required under this article must include all pertinent details of the offense or conduct, including details of any:
(1) assaultive behavior or other violence;
(2) weapons used in the commission of the offense or
(3) weapons possessed during the commission of the offense or conduct.
A search warrant may not be issued under Article 18.02(10) unless the sworn affidavit required by Subsection (b) sets forth sufficient facts to establish probable cause:
(1) that a specific offense has been committed,
(2) that the specifically described property or items that are to be searched for or seized constitute evidence of that offense or evidence that a particular person committed that offense, and
(3) that the property or items constituting evidence to be searched for or seized are located at or on the particular person, place, or thing to be searched.
A search warrant may not be issued pursuant to Article
18.021 of this code unless the sworn affidavit required by Subsection (b) of this article sets forth sufficient facts to establish probable cause:
(1) that a specific offense has been committed;
(2) that a specifically described person has been a victim of the offense;
(3) that evidence of the offense or evidence that a particular person committed the offense can be detected by photographic means;
(4) that the person to be searched for and photographed is located at the particular place to be searched.
A search warrant may not be issued under Subdivision (12), Article 18.02, of this code unless the sworn affidavit required by Subsection (b) of this article sets forth sufficient facts to establish probable cause that
a specific felony offense has been committed and that the specifically described property or items that are to be searched for or seized constitute contraband as defined in Article 59.01 of this code and are located at or on the particular person, place, or thing to be searched.
Art. 18.02. GROUNDS FOR ISSUANCE. (a) A search warrant may be issued to search for and seize:
(1) property acquired by theft or in any other manner which makes its acquisition a penal offense;
(2) property specially designed, made, or adapted for or
commonly used in the commission of an offense;
(3) arms and munitions kept or prepared for the purposes of insurrection or riot;
(4) weapons prohibited by the Penal Code;
(5) gambling devices or equipment, altered gambling
equipment, or gambling paraphernalia;
(6) obscene materials kept or prepared for commercial
distribution or exhibition, subject to the additional rules set forth by law;
(7) a drug, controlled substance, immediate precursor,
chemical precursor, or other controlled substance property, including an apparatus or paraphernalia kept, prepared, or manufactured in violation of the laws of this state;
(8) any property the possession of which is prohibited by law;
(9) implements or instruments used in the commission of a crime;
(10) property or items, except the personal writings by the accused, constituting evidence of an offense or constituting evidence tending to show that a particular person committed an offense;
(12) contraband subject to forfeiture under Chapter 59 of this code; or
(13) electronic customer data held in electronic storage,
including the contents of and records and other information related to a wire communication or electronic communication held in electronic storage.
A search warrant issued under this chapter shall be sufficient if it contains the following requisites:
(1) that it run in the name of "The State of Texas";
(2) that it identify, as near as may be, that which is to be
seized and name or describe, as near as may be, the person, place, or thing to be searched;
(3) that it command any peace officer of the proper county to search forthwith the person, place, or thing named; and
(4) that it be dated and signed by the magistrate.
A search warrant issued under Section 5A, Article 18.21, must be executed in the manner provided by that section not later than the _________ after the date of issuance. In all other cases, a search warrant must be executed within three days from the time of its issuance. A warrant issued under this chapter shall be executed within a shorter period if so directed in the warrant by the magistrate.
A search warrant issued under Section 5A, Article 18.21, must be executed in the manner provided by that section not later than the 11th day after the date of issuance.
3 days in all other instances from the time of its issuance unless a shorter period be so directed in the warrant by the magistrate.
Art. 18.07. DAYS ALLOWED FOR WARRANT TO RUN. (a) The period allowed for the execution of a search warrant, exclusive of the day of its issuance and of the day of its execution, is:
(1) 15 whole days if the warrant is issued solely to search for and seize specimens from a specific person for DNA analysis and comparison, including blood and saliva samples;
(2) 10 whole days if the warrant is issued under Section
5A, Article 18.21; or (3) three whole days if the warrant is issued for a purpose other than that described by Subdivision (1) or (2).
(b) The magistrate issuing a search warrant under this chapter shall endorse on the search warrant the date and hour of its issuance.
(c) If a warrant is issued to search for and seize data or
information contained in or on a computer, disk drive, flash drive, cellular telephone, or other electronic, communication, or data storage device, the warrant is considered to have been executed within the time allowed under Subsection (a) if the device was seized
before the expiration of the time allowed. Notwithstanding any other law, any data or information contained in or on a device seized may
be recovered and analyzed
"seizure," in the context of property, means the restraint of property, whether by physical force or by a display of an officer's authority, and includes
the collection of property or the act of taking possession of property.
Art. 18.11. CUSTODY OF PROPERTY FOUND. Property seized pursuant to a search warrant shall be kept as provided by the order of a magistrate issued in accordance with
Article 18.10 of this code.
Art. 18.16. PREVENTING CONSEQUENCES OF THEFT. Any person has a right to prevent the consequences of theft by seizing any personal property that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken,
before a magistrate for examination, or delivering the property and the person suspected of committing the theft to a peace officer for that purpose. To justify a seizure under this article, there must be
1. reasonable ground to believe the property is stolen, and
2. the seizure must be openly made and
3. the proceedings had without delay.
"Dating violence" means an act, other than a defensive measure to protect oneself, by an actor that:
(1) is committed against a victim:
(A) with whom the actor has or has had a dating
(B) because of the victim's marriage to or dating
relationship with an individual with whom the actor is or has been in a dating relationship or marriage; and
(2) is intended to result in physical harm, bodily injury,
assault, or sexual assault or that is a threat that reasonably places the victim in fear of imminent physical harm, bodily injury, assault, or sexual assault.
"dating relationship" means
a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature.
The existence of a dating relationship shall be determined based on consideration of:
(1) the length of the relationship;
(2) the nature of the relationship; and
(3) the frequency and type of interaction between the
persons involved in the relationship.
"Family" includes individuals related by consanguinity or affinity, as determined under Sections 573.022 and
573.024, Government Code, and include:
individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together.
"Family violence" means:
(1) an act by a member of a family or household against
another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent
physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;
(2) abuse, as that term is defined by Sections
261.001(1)(C), (E), and (G), by a member of a family or household toward a child of the family or household; or
(3) dating violence, as that term is defined by Section
a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.
"Prosecuting attorney" means:
the attorney, determined as provided in this title, who
represents the state in a district or statutory county court in the county in which venue of the application for a protective order is proper.
If the court finds from the information contained in an application for a protective order that there is a clear and present danger of family violence, the court, without further notice to the individual alleged to have committed family violence and
without a hearing, may enter a temporary ex parte order for the protection of the applicant or any other member of the family or household of the applicant.
What information has to be found in the application of a protective order for the court to enter a temporary ex parte order for the protection of the applicant or any other family member?
clear and present danger of family violence.
A temporary ex parte order is valid for the period specified in the order, not to exceed
On the request of an applicant or on the court's own
motion, a temporary ex parte order may be extended for additional 20-day periods.
Any individual affected by a temporary ex parte order may file a motion at any time to vacate the order. On the filing of the motion to vacate,
the court shall set a date for hearing the motion as soon as possible.
In the event of a conflicting court order, during the time the order is valid, a temporary ex parte order
prevails over any other court order made under Title 5 to the extent of any conflict between the orders.
Subject to the limitations of Section 85.021(2), a person may only be excluded from the occupancy of the person's residence by a temporary ex parte order under this chapter if the applicant:
(1) files a sworn affidavit that provides a detailed
description of the facts and circumstances requiring the exclusion of the person from the residence; and
(2) appears in person to testify at a temporary ex parte
hearing to justify the issuance of the order without notice.
(b) Before the court may render a temporary ex parte order excluding a person from the person's residence, the court must find from the required affidavit and testimony that:
(1) the applicant requesting the excluding order either
resides on the premises or has resided there within 30 days before the date the application was filed;
(2) the person to be excluded has within the 30 days before the date the application was filed committed family violence against a member of the household; and
(3) there is a clear and present danger that the person to be excluded is likely to commit family violence against a member of the household.
When exclusion of the offender is requested by the applicant, the court may recess the hearing on a temporary ex parte order to contact the respondent by telephone and provide the respondent the opportunity to be present when the court resumes the hearing.
Without regard to whether the respondent is able to be present at the hearing, the court shall resume the hearing before the end of the working day.
For a hearing on an application of a protective order, the court shall find whether family violence has occurred and that family violence is likely to occur in the future and If the court finds as such the court:
shall render a protective order as provided by Section
85.022 applying only to a person found to have committed family violence; 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.
(c) A protective order that requires the first applicant to do or refrain from doing an act under Section 85.022 shall include a finding that the first applicant has committed family violence and is likely to commit family violence in the future.
If the court renders a protective order for a period of more than two years, the court must include
in the order a finding described by Section 85.025(a-1).
If the court finds that a respondent violated a protective order by committing an act prohibited by the order as provided by Section 85.022, that the order was in effect at the time of the violation, and that the order has expired after the date that the violation occurred, the court, without the necessity of making the
findings described by Section 85.001(a), shall
render a protective order as provided by Section 85.022 applying only to the respondent and may render a protective order as provided by Section 85.021.
A court that renders separate protective orders that apply to both parties and require both parties to do or refrain from doing acts under Section 85.022 shall render two distinct and separate protective orders in two separate documents that reflect the appropriate
conditions for each party.
The court shall provide one of the documents to
the applicant and the other document to the respondent.
A court may not render one protective order under Section 85.022 that applies
to both parties.
A protective order in a suit for dissolution of a marriage
must be in a separate document entitled
The court may not approve an agreement that requires the applicant to do or refrain from doing an act under Section 85.022. The agreed order is enforceable civilly or criminally.
If the court approves an agreement between the parties, the court shall render an agreed protective order that is
in the best interest of the applicant, the family or household, or a member of the family or household.
An agreed protective order is not enforceable as a
An agreed protective order expires on the date the court order expires.
On request by a person protected by an order or member of the family or household of a person protected by an order, the court may exclude
from a protective order the address and telephone number of:
A person protected by the order, in which case the
order shall state the county in which the person resides;
the place of employment or business of a person
protected by the order; or
the child-care facility or school a child protected by
the order attends or in which the child resides.
On granting a request for confidentiality under
section 85.007 Confidentiality of Certain Information, the court shall order the clerk to:
strike the information described by Subsection (a) from
the public records of the court; and
maintain a confidential record of the information for
use only by the court.
In a protective order, the court may prohibit a party from removing a child who is a member of the family or
the possession of a person named in the order or the jurisdiction of the court;
(2) grant exclusive possession of a residence to a party
and, if appropriate, direct one or more parties to vacate the
residence if the residence:
(A) is jointly owned or leased by the party receiving
exclusive possession and a party being denied possession;
(B) is owned or leased by the party retaining
(C) is owned or leased by the party being denied
possession and that party has an obligation to support the party or a
child of the party granted possession of the residence;
In a protective order, the court may prohibit a party from transferring, encumbering, or otherwise disposing
of property, other than
in the ordinary course of business, that is mutually owned or leased by the parties
In a protective order, the court may prohibit a party from removing a pet, companion animal, or assistance
animal, as defined by Section 121.002, Human Resources Code, from the
possession or actual or constructive care of a person named in the order;
In a protective order, the court may grant exclusive possession of a residence to a party and, if appropriate,
direct one or more parties to vacate the
residence if the residence is jointly owned or leased; or is owned or leased by the party retaining possession; or is owned or leased by the party being denied possession and that party has an obligation to support the party or a child of the party granted possession of the residence;
In a protective order, the court may provide for the possession of and access to a child of a party if
the person receiving possession of or access to the child is a parent of the child;
In a protective order, the court may require the payment of support for a party or for a child of a party if
the person required to make the payment has an
obligation to support the other party or the child;
In a protective order, the court may award to a party the use and possession of specified property that
is community property or jointly owned or leased
In a protective order, the court may order the person found to have committed family violence to perform
acts specified by the court that the court determines are necessary or appropriate to prevent or reduce the likelihood of family violence and may order that person to:
complete an accredited battering intervention and prevention, or if unavailable, complete a program or counsel with a provider that has begun the accreditation process described by Subsection (a-1); or
if unavailable counsel with a social worker, family service agency, physician, psychologist, licensed therapist, or licensed professional counselor who has completed family violence intervention training approved by the community justice assistance division of the Texas Department of Criminal Justice.
In a protective order, the court may prohibit the person
found to have committed family violence from:
Committing family violence;
Communicating in any manner that is threatening or harassing to the protected person(s), except through the party's attorney or person appointed by the court;
Going to or near the residence, place of employment, child-care facility, school a child/person protected under the order normally attends or resides;
Engaging in conduct directed specifically toward a protected person or their family/household member that is likely to harass, annoy, alarm, abuse, torment, or embarrass the person;
Possessing a firearm, unless an active full-time paid peace officer;
Harming, threatening, or interfering with care, custody, control of pet, companion/assistance animal possessed by protected person.
In an protective order the court shall specifically describe each prohibited location and
the minimum distances from the location, if any, that the party must maintain.
In a protective order, the court shall suspend a license to carry a concealed handgun
issued under Subchapter H, Chapter 411, Government Code, that is held by a person found to have committed family violence.
A person found to have engaged in family violence who is ordered to attend a program or counseling shall file with the court an affidavit before the
60th day after the date the order was rendered stating either that the person has begun the program or counseling or that a program or counseling is not available within a reasonable distance from the person's residence.
A person who files an affidavit that the person has begun the program or counseling shall file with the court before the date the protective order expires a statement that the person completed the program or counseling not later than the
30th day before the expiration date of the protective order or the 30th day before the first anniversary of the date the protective order was issued, whichever date is earlier. Verification from the program must be included with the affidavit to include either a letter, notice, or certificate verifying completion.
A protective order under Section 85.022 required counseling, must specifically advise the person subject to the order of the requirement of this section and the possible
punishment of being found in contempt if the person fails to comply with the requirement.
Protective orders are valid for a period stated in the order not to exceed
The court may render a protective order that is exceeds two years if the court finds the person subject to the protective order:
caused serious bodily injury to the applicant or a
member of the applicant's family or household; or
was the subject of two or more previous protective
orders rendered to protect the person on whose behalf the current protective order is sought; and has committed family violence; and is likely to commit family violence in the future.
Each protective order issued under this subtitle, including a temporary ex parte order, must contain the following prominently displayed statements in boldfaced type, capital letters, or underlined:
"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN JAIL FOR
AS LONG AS SIX MONTHS, OR BOTH.";
"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF
THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER.";
"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION."
"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS."
A protective order may not be modified to extend the period of the order's validity beyond the second anniversary of the date the original order was rendered or beyond the date
the order expires under Section 85.025(a-1) or (c), whichever date occurs later.
"Mutual foreign protective order" means
a protective order issued by a tribunal of another state that includes provisions issued in favor of both the protected individual seeking enforcement of the order and the respondent.
a court, agency, or other entity authorized by law to issue or modify a protective order.
"State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or a territory or insular possession subject to the jurisdiction of the United States. The term includes
a military tribunal of the United States, an Indian tribe or band, and an Alaskan native village that has jurisdiction to issue protective orders.
A foreign protective order is valid if the order:
(1) names the protected individual and the respondent;
(2) is currently in effect;
(3) was rendered by a tribunal that had jurisdiction over
the parties and the subject matter under the law of the issuing state; and
(4) was rendered after the respondent was given reasonable notice and an opportunity to be heard consistent with the right to due process, either:
(A) before the tribunal issued the order; or in the case of an ex parte order, within a reasonable time after the order was rendered.
A protected individual seeking enforcement of a foreign
protective order establishes a prima facie case for its validity by
presenting an order that is valid on its face.
A state or local governmental agency, law enforcement officer, prosecuting attorney, clerk of court, or any
state or local governmental official acting in an official capacity is immune from civil and criminal liability for an act or omission arising from the registration or enforcement of a foreign protective order or the detention or arrest of a person alleged to have violated
a foreign protective order if
the act or omission was done in good faith in an effort to comply with this chapter.
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