Civil Process and Liability
Dallas Police Academy
Terms in this set (140)
The potential for civil liability in any action a peace officer takes has ____________________.
greatly increased in recent years
Potential liability includes:
• Employing agency
• Governmental liability
United States Code Title 42 Section 1983 =
Civil action for deprivation of rights.
First line of protection for the officer = ?
Policies and Procedures
Policies and Procedures related to law enforcement officers
• Vehicle Operations
• Arrest Procedures
• Property Procedures
• Use of Deadly Force
• Family Violence
Agency's Potential Liability:
• Employing Agency
• Wage and Hour Laws
A governmental unit in the state is liable for:
1) property damage, personal injury and death proximately caused by the wrongful act or omission or the negligence of an employee acting within his scope of employment if:
a. the property damage, personal injury, or death arises from the operation or use of a motor-driven vehicle or motor-driven equipment; and
b. the employee would be personally liable to the claimant according to Texas law; and
2) personal injury and death so caused by a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant to Texas law.
Liability for Refusal or Neglect in Performance of Official Duties
Civil Practice and Remedies Code - Section 7.001
• A clerk, sheriff, or other officer who neglects or refuses to perform a duty required under the Texas Rules of Civil Procedure or under a provision of this code derived from those rules is liable for actual damages only in a suit brought by a person injured by the officer's neglect or refusal.
• The officer may be punished for contempt of court for neglect or refusal in the performance of those duties. The court shall set the fine at not less than $10 or more than $100, with costs. The officer must be given 10 days' notice of the motion.
• A party may seek actual damages under this section, or the party may seek contempt sanctions, but the party may not seek both damages and contempt.
Liability Regarding Execution of Writs
Civil Practice and Remedies Code - Section 7.003
• Except as provided for by Section 34.061, an officer is not liable for damages resulting from the execution of a writ issued by a court of this state if the officer in good faith executes or attempts to execute the writ as provided by law and by the Texas Rules of Civil Procedure.
• An officer shall execute a writ issued by a court of this state without requiring that bond be posted for the indemnification of the officer.
• An officer shows that the officer acted in good faith when the officer shows that a reasonably prudent officer, under the same or similar circumstances, could have believed that the officer's conduct was justified based on the information the officer possessed when the conduct occurred.
Neglecting to Execute Process
Code of Criminal Procedure - Article 2.16
If any sheriff or other officer shall willfully refuse or fail from neglect to execute any summons, subpoena or attachment for a witness, or any other legal process which is made his duty by law to execute, he shall be liable to a fine for contempt not less than $10 nor more than $200, at the discretion of the court. The payment of such fine shall be enforced in the same manner as fines for contempt in civil cases.
Execution of Process: Penalty (Sheriff)
Local Government Code - Section 85.021
• The sheriff shall execute all process and precepts directed to the sheriff by legal authority and shall return the process or precept to the proper court on or before the date the process or precept is returnable.
• The sheriff commits an offense if the sheriff:
o Fails to return a process or precept as required by Subsection (a); or
o Makes a false return.
• An offense under this section is punishable by the court to which the process is returnable, as for contempt, by a fine of not more than $100. A fine collected under this section shall be deposited in the county treasury.
• The sheriff is liable for all damages sustained by a person by reason of an offense committed by the sheriff under this section.
Failure to Execute Process (Constable)
Local Government Code - Section 86.024
• If a constable fails or refuses to execute and return according to law a process, warrant, or precept that is lawfully directed and delivered to the constable, the constable shall be fined for contempt before the court that issued the process, warrant, or precept on the motion of the person injured by the failure or refusal.
• The fine shall be set at not less than $10 or more than $100, with costs. The fine shall be for the benefit of the injured person. The constable must be given 10 days' notice of the motion.
Criminal Court begins with a ____________
Grand Jury action or charges filed for violation of law.
Points about Civil Actions - Liability
• The civil actions generally are for large amounts
• They will be extremely costly to the agency and the officer individually
• Agencies have settled when they were not at fault because of cost to defend their actions.
What is the purpose of Criminal Court?
• Concerned with actions which are dangerous of harmful to society as a whole
• Are complaints brought against parties accused of violating a law
• Punish individuals found guilty of violating a law
What is the purpose of Civil Court?
• Rules and regulations which govern transactions and grievances between individual citizens
• Involve private rights and remedies
• Generally not to punish a defendant, but to compensate the wronged party
Criminal Court regulates conduct of individuals through ______________
the threat of probation, fines, imprisonment and restitution.
Civil Court regulates public and private acts and conduct through _________________
injunctions and money damages.
In Criminal Court, the _________ brings the action and punishes the individual.
In Civil Court, the _____________ brings the suit and if he prevails may receive __________________.
money or other property
Three primary differences between Criminal and Civil Court:
1) Parties who may bring the actions
2) Societal purposes for the actions
3) Procedural rules and requirements for prosecuting criminal and civil actions
What parties are involved in the different courts:
For Criminal case: Prosecutor or state and Defendant or the accused.
For Civil case: Plaintiff and Defendant or Respondent
What is the basic progress in criminal and civil courts:
• Pleadings or formal allegations of the parties regarding their claims
• Parties undertake discovery to obtain facts and information
• Trial is held, evidence is presented, witnessed are heard, and judgment is rendered.
Criminal Law - Defined
• Law which for the purpose of preventing harm to society.
o Declares that conduct is criminal, and
o Prescribes the punishment to be imposed for such conduct
• It includes the definition of specific offenses and general principles of criminal responsibility.
• Criminal laws are commonly codified into criminal or penal codes.
List Judgments possible in Criminal Law cases
• A fine
• Confinement in a jail or state facility for a specified period
• Or all the above
Civil Law - Defined
• That portion of the law which defines the personal and property rights of individuals.
• The object of civil law is the redress of wrongs by compelling compensation or restitution.
• The wrongdoer is not punished, he only suffers so much harm as is necessary to make good the wrong he has done.
Criminal Law requires guilt __________________ for conviction.
beyond a reasonable doubt (100% wrong)
Civil Law requires the award to be based on ___________________.
a preponderance of the evidence (51% wrong)
Two types of contempt of court:
General Contempt of Court
Government Code 21.001
• Grants broad authority to regulate conduct within the courtroom to ensure the proceedings are conducted with dignity and in an orderly and expeditious manner and it does include regulation of wearing apparel.
• County Courts and higher - Fine up to $500.00 or 6 months in jail or both.
• JP & Municipal Courts - Fine up to $100.00 or 3 days in jail or both.
Constructive Contempt of Court
Government Code 21.002
• Used to gain compliance with civil court order and some criminal orders.
• May start as a "Show Cause" (Notice) to present evidence why they should not be held in contempt of court.
• If the defendant failed to comply with the court order the defendant is jailed until the court order is complied with.
• Court reviews every 180 days to see if the defendant is ready to comply if he hasn't.
the person who swears to an affidavit or statement.
a written or printed statement or declaration of facts, made voluntarily and sworn to or affirmed by an affiant before a person having authority to administer an oath of affirmation.
Alternate Service -
a court approved method of delivering a court document to an uncooperative defendant.
a pleading in a civil matter in which one party (defendant) responds to the claim of another party (plaintiff); the defendant will deny the allegations in the plaintiff's complaint or agree with the facts but allege new information which should prevent the plaintiff from recovering on the facts originally presented.
a request or complaint to a higher court to correct an injustice or error committed by a lower court; in justice court, the removal of the cause from justice court to county court for the purpose of obtaining a review and new trial.
the seizure of persons or property so that they will come under the custody and control of the court; the process occurs by virtue of a writ, summons, or other judicial order.
a writ similar to an arrest warrant; a judicial writ commanding a peace officer to take a person into custody into custody to answer specific charges.
* Both criminal and civil applications.
Capias (Latin) -
"that you take"
official process by which a plaintiff gives a defendant notice of suit. The purpose is to give the court jurisdiction over the parties, to satisfy due process requirements, and to provide the defendant the opportunity to appear and defend himself.
an affidavit or sworn statement made before the court which charges the commission of an offense within the jurisdiction of the court.
Court of Record -
a court whose proceedings are recorded by a court reporter;
Default Judgment -
a judgment entered by the court upon failure of a party to plead or appear at the appointed time.
Diligence Effort -
persistent activity, prudence or care; that which is properly expected from a reasonable and prudent person under the particular circumstances.
a writ issued by a court of competent jurisdiction, commanding an officer to collect the judgment amount and costs or to levy upon the non-exempt property of a defendant, in satisfaction of a previous judgment rendered by the issuing court.
Exempt Property -
property specified by statute, which may not be seized or sold to satisfy an execution or attachment.
Ex Parte Protective Order -
an order issued by a family court (district or county court) to prohibit a defendant from certain acts including further family violence, and requiring the defendant to appear in court on a specified date and time. It may include an order directing a law enforcement officer to inform a defendant to vacate a premise.
Ex Parte Protective Order -
is criminally enforceable under Section 25.074 of the Texas Penal Code, provided that the respondent has been served with the order.
Forcible Entry and Detainer -
provide a summary, speedy, simple, and inexpensive remedy for determination of who is entitled to possession of real property and/or due rent.
a statutory proceeding whereby a person's property, money, or credits of a debtor in possession or under control of or owing by another is applied to debt of the debtor.
Good Faith -
honesty of intention; sincerity. Latin = "bonifidous"
Guardian Ad Litem -
a person appointed by the court to represent a minor, an incompetent person or any other person entitled to such protection by law.
Habeas Corpus (Latin) -
"You have the body of"
Habeas Corpus -
court order that commands anyone having a person in custody or their control to produce the person at the time and place named in the writ and to show why that person is being held or under restraint.
a suitor who, on account of poverty, is allowed to sue or defend without being chargeable with costs; has a right to assigned defense counsel.
commands the person(s) to whom it is directed to desist or refrain from the commission or continuance of the act enjoined or to obey and execute such order as the court has seen proper to issue.
Jurisdictional Amount -
the money amount involved in the particular case or dispute by which the jurisdiction of the court to determine the case is measured; part of "subject matter" jurisdiction.
to collect, gather, take up, seize, or execute on monies, real, or personal property under a lawfully issued writ.
being responsible for actual damages, punitive damages or possible loss.
a civil public officer invested with powers and functions, which may be judicial, executive, or legislative in nature;
a written or oral application for a ruling or order from the court.
to make an application to a court to rule, order, or take action in a matter.
an order, writ, or process. An order or direction, emanating from authority to an officer, or body of officers, commanding the officer to do some act within the officer's powers.
An order in writing, sent out by a justice of the peace or other like officer, to bring a person or record before the issuing authority. Sometimes called a Precept.
any form of affirmation by which a person agrees to be bound in conscience to perform an act faithfully and truthfully.
Officially Attested -
an acknowledgement of an individual acting in the individual's official capacity bearing witness to another's signature being affixed to a document.
every direction of a court or judge; a mandate or command.
Personal Property -
articles associated with a person, as opposed to real property (land).
a document filed by the plaintiff with the clerk of the court that outlines the basis of the compliant (suit) against the defendant and the relief being sought from the court.
a person who complains or sues in a civil lawsuit and is so named on the record.
the answer, which the defendant in a legal proceeding makes to the complaint against the defendant.
oral or written statements made to the court presenting the claims and defenses of the parties.
an order or direction coming from a court or other authority to an officer or body of officers, commanding the officer or officers to do some act within the scope of their powers; a rule which imposes a stand of conduct.
Protective Order -
an order issued by a family court (district or county court) to order the protection of a family member or member of a household against further family violence. It is criminally enforceable under Section 25.074 of the Texas Penal Code.
Real Property -
land and generally whatever is built, growing upon, or affixed to it.
allows a commercial or residential tenant to resume possession of a leased premise after an unlawful lockout.
to redeliver goods that have been seized by an officer to the original possessor of them, upon the original possessor's giving security conditioned on prosecuting an action to determine the legality of the seizure.
the endorsement by an officer upon a process stating what, where, when, why, how, and to whom service and compliance of the commands within the process were made.
Rules of Civil Procedure -
the body of law promulgated by the Texas Supreme Court to establish the manner and means by which civil cases are determined by the courts.
the temporary seizure or setting aside of specific property to which a party to a suit has claim of ownership. The object of is to allow parties to protect and preserve the property during the suit.
the delivery of a writ, notice, injunction, etc., by an authorized person, to a person who is thereby officially notified of some proceeding concerning that person.
Show Cause -
an order issued to a party to appear as directed and present to the court reasons or considerations why a particular order or decree should not be acted upon.
Show Cause -
Usually instituted by the plaintiff upon the defendant to show cause as to why they should not be held in contempt for failure to follow previously issued orders. * Usually the first step in a contempt of court
process initiated by a party commanding a witness to appear and give testimony, at a specified place and time to testify upon a certain matter.
Substituted Service -
delivery of process in a method other than person service (such as by mail or by publication).
an order to a person to appear in court on a specified date to answer a case filed against the person; it is a method by which the court acquires jurisdiction over a party. * Document that officially starts the case. Same as citation.
Temporary Restraining Order -
issued by a court to a defendant restraining them from doing or prohibiting certain acts. It is date sensitive and has a hearing date commanding appearance no more than 14 days from date of issuance. It is enforceable by the court only by a contempt proceeding.
a private or civil wrong or injury, including action for bad faith breach of contract, for which the court will provide a remedy in the form of an action for damages.
proceedings in open court during which the ultimate issues in a case are determined, by a fact finder (judge or a jury).
the place where a case is tried.
a person whose declaration under oath (or affirmation) is received as evidence for any purpose, whether such declaration be made on oral examination, by deposition, or by affidavit.
Writ of Possession (Eviction) -
allows a landlord who prevails in an eviction suit to regain possession of the premises that were in dispute.
Writ of Possession (Particular Property) -
when the judgment is for personal property, and it is shown by the pleadings and evidence and the verdict, if any, that such property has an especial value to the plaintiff, the court may award a special writ for the seizure and delivery of such property to the plaintiff.
Ad Litem -
"At Pleasure". Borrowed from drama and music, is essentially the same; it means "at the performer's pleasure,"; a person appointed by the court to represent a minor, an incompetent person or any other person entitled to such protection by law.
Duces Tecum -
bring with you. A Subpoena now covers this for civil court. Still used in criminal case.
Et Al -
"and other persons" Commonly used to include anyone associated with the named defendant in reference to the matter before the court.
Ex Parte -
done or made at the instance and for the benefit of one party only, and without notice to, or argument by, any person adversely interested; of or relating to court action taken by one party without notice to the other for temporary or emergency relief.
In Re -
"in the matter of a judicial proceeding". Most often seen in family courts with issues involving children.
In Rem -
"against a thing" - involving or determining the status of a thing, and therefor the rights of persons generally with respect to that thing.
Nulla Bona -
Nulla Bona -
- a form or return by a sheriff or constable upon an execution when the judgment debtor has no sizable property within the jurisdiction.
Pro Se -
"for self" on one's own behalf; in person; one who does not retain a lawyer but, instead, appears on one's own behalf in court.
Prima Facie -
sufficient to establish a fact or raise a presumption unless disproved or rebutted.
Time allotted for Return
• In County or District Court = 10 days
• In JP Court = 3 days
The commissioner's court is the ___________________
constitutional court of the county with the County Judges as the magistrate (need not be an attorney).
The constitution provides _______________ per county.
One Justice of The Peace Court per _______________ within each county. Additional courts have been added by creating Place 1 and Place 2 in the vary populated counties.
All other courts are created by the _________________ and their jurisdiction is defined in The Government Code in Chapter 25 and 26.
Municipal Court Jurisdiction
• Class C misdemeanors
• Health & Safety Issues (City Ordinances)
• Animal Cruelty
• Truancy (District Juvenile Court must give permission)
• Judge may be non attorney
Justice of The Peace Jurisdiction
• Small Claims Court (Up to $10,000)
• Justice Court (Up to $10,000)
• Class C misdemeanors
• Landlord / Tenant suits
• Judge may be non attorney
Constitutional County Court - Jurisdiction
• Civil jurisdictions up to $10,000
o Same as JP
• Non contested probate matters
• Class C misdemeanor appeal from Municipal and justice of The Peace Courts
• Judge may be non attorney
• Judge presides over commissioner's court and is known as the County Judge.
Statutory County Court - Jurisdiction
1) County Courts at Law: May have criminal & civil jurisdiction
a. Criminal Jurisdiction is Class A & B misdemeanors
b. Civil Jurisdiction up to $100,000
c. May be established as appeal courts for Class C misdemeanors
d. Statutory = written law
e. Judge must be attorney
2) Probate County Courts
a. Contested and non-contested probate matters
b. Appointment of guardians
c. Located only in more populated areas
d. Judge must be attorney
District Courts - Jurisdiction
• All felonies
• Civil $200 and greater
• Contested elections
• Appeals from commissioner's courts
• Land disputes
• Title to land
• Probate appeals
• Non-criminal actions against sheriff, attorneys and others
• Child custody
• Child support
• Protective Orders
• Judge must be an attorney
Regional Appeal Courts - Jurisdiction
• Criminal Appeals
• Civil Appeals
• Judge must be an attorney
Court of Criminal Appeals - Jurisdiction
• Highest appeal court for criminal offenses in the state
• Judge must be an attorney
Supreme Court - Jurisdiction
• Civil Appeals
• Juvenile Appeals
• Establish the Rules of Civil Procedure
• Judge must be an attorney
Who May Serve Process:
• Sheriff, Constable, and their deputies
• Servers certified by Supreme Court who are over 18 yrs old
• Not a party to suit and has no interest in outcome
• County Jailers
• NOTE: Documents that involve seizure of property or person or eviction may only be served by Sheriff, Constable, or their deputies.
Duties of Persons Authorized to Serve Process:
The officer must return a copy of the process served with detail of the delivery to the court.
Process of Service of Citations
• Citations may not be served in Sunday
• Duty of officer or person receiving
o Endorse date and time document was received
o Execute (serve the citation)
o Return the citation without delay
o Service is not complete until citation is returned to the court
• Method of Service for Citations
o In person to the defendant
o By mail
o By alternate service
o Publication - ok on Sunday
• The Citation is delivered to the defendant either:
o In person
o By alternate service
• Court conducts a hearing to settle all issues alleged in the application / petition.
o Either party has 10 days to perfect an appeal of the trail courts ruling.
• If no appeal has been filed and the judgment has not been satisfied after 30 days from the date the judgment was granted
o Party who received the judgment may ask the court to issue judgment enforcement documents.
Pre Judgment Writs
• Are available after the suit is filed and before a judgment has been rendered.
• Purpose is to place property under the control of the court and protect the value of the property that may be used to satisfy a judgment the court may issue in the future.
• Served under TRCP 12a
• The first duty of the officer is to levy on the property and then serve the defendant.
• Peace officers do not have a responsibility to go with the certified server to serve documents.
• A peace officer's presence could add color of law to a situation and create liability for the officer and his department.
Methods of Service - Pre Judgment Writs under rule 21a
• In person
• To the defendants authorized agent or attorney
• By courier or certified or registered mail
• By telephonic document transfer
Pre Judgment Writs - Identify
• An ex parte hearing is held to determine the necessity to issue the writ and sets any bonds required for issuance of the writ.
• The Plaintiff's bond is made out to the defendant.
• The court sets the amount of the replevy bond to allow the defendant to retain the property.
• The defendant's replevy bond is made out to the plaintiff.
• If there is no replevy bond issued by either party, the officer retains custody of the property until the court orders it sold or released.
o Commonly known as a repossession writ
o Both parties claim ownership interest in property
o Served by Sheriff or Constable
o Most commonly issued for vehicles, but can be for other things
o Replevy available for both parties
o Property is in the possession of a third party
o The defendant owns the property
o Paper is delivered to the Garnishee (the third party in possession of the property)
o The Garnishee may not release anything belonging to the defendant in the Garnishee possession
o Garnishee files responds with the court
o Court determines who gets the property in possession of the Garnishee
Points about an Attachment
o Place non-exempt property under the control of the court
• Real property - (land / real estate) paper levy
• Personal property - levy made by taking property into the officer's custody
• Person (Civil arrest warrant)
• Person is taken into custody and taken before the court.
• Court may or may not allow the person to be placed in jail.
• Also issued to take a child into custody and have the child brought before the court or instruct the officer to turn the child over to a custodial parent or court appointed guardian. (May also be post judgment)
• Landlord lien enforcement document for commercial and agricultural tenants when back rent is due
• The distress warrant may only be issued by a Justice of The Peace Court regardless of the dollar value of the back rent.
Points about Execution
• Served by a Sheriff or Constable
• Commands the officer to seize and sell at public auction any non-exempt property found within the officer's county to satisfy a dollar judgment
• May also order specific property, real or personal, seized and sold
Points about Exempt Property
• For a family - $60,000
• Single adult - $30,000
• College fund
• Pre-paid medical plan
• Void exempt property when judgment is for child support lien
o Urban - 10 acres in one or more contiguous lots
o Rural - 200 acres in one or more parcels
o May be in more than one county
o Can be rented
Points about Exempt Personal Property
• Home furnishings, including family heirlooms
• Provisions for consumption
• Farming or ranching vehicles and implements
• Tools, equipment, books, and apparatus, including boats and motor vehicles, used in a trade or profession
• Wearing apparel
• Jewelry not to exceed 25% of the aggregate limitations
• Two firearms
• Athletic and sporting equipment, including bicycles
• A two-wheeled, three-wheeled, or four-wheeled motor vehicle for each member of a family or single adult who holds a driver's license or who does not hold a driver's license but who relies on another person to operate the vehicle for the benefit of the non-licensed person.
• The following animals and forage on hand for their consumption:
o Two horses, mules, or donkeys and a saddle, blanket, bridle for each
o 12 head of cattle
o 60 head of other livestock
o 120 fowl
• Household pets
• Served by Sheriff or Constable
• Issued to aid in the enforcement of a judgment
• Property will be turned over to the officer or a receiver, but not to the plaintiff.
Writ of Possession (non eviction)
• Served by Sheriff or Constable
• Directs the defendant to deliver possession of certain property to the officer, who then delivers the property to the person the court has directed.
• These are being used to take possession of manufactured housing after foreclosures
Order of Sale
• Executed by a Sheriff or Constable
• Orders the officer to take possession of real or personal property and to sell it.
• Served by Sheriff or Constable
• A post judgment attachment will be for a person only
o Property would be taken with a Writ of Execution
• To take the defendant into custody and take him before the court to show cause why he should not be held in contempt for violation or not complying with the courts judgment of judgment enforcement documents. It may also permit the officer to place the defendant in jail until the court is in session.
• To take a child from a parent or other custodial person. The order may instruct the officer to turn the child over to another person or to bring the child to the court.
Landlord Lien for Residential
• The residential lien is only enforceable if there is a written lease and the landlord lien enforcement provision is printed in bold print or underlined in the written lease.
• The property code sets out exemptions for tenant's personal property. This property may not be taken. Taking these items may constitute a criminal offense.
• The code provides that if a landlord's lease provisions do not comply with the property code that section of the lease is void.
• Landlord must give tenant notice before an eviction is filed
o Landlord Notice - Written
• Landlord - 3 days (72 hours) notice
• Foreclosure - 30 days notice
o If landlord wants to recover attorney fees, written notice must be sent 10 days before suit is filed.
o Forcible Entry and Detainer, Forcible Detainer defined the grounds for an eviction
o Once the suit is filed it becomes an Eviction Suit
• Served by Sheriff or Constable (No private server permitted)
Eviction Citation issues
o Service in person to the defendant or any one over the age of 16 at the address of the eviction
o Alternate service: delivery to the premises and by mailing a copy to that same address
o Hearing is no less than 6 days and no more than 10 days from the date of service
o Either party has 5 days to appeal the judgment
o If the landlord prevailed and the defendant has not moved on the 6th day a Writ of Possession may be issued to the Sheriff or Constable to remove the Tenant and his belonging from the rental unit.
o The tenant's property may be moved to the curb or stored. The officer has no liability toward the property moved to the curb once the officer leaves the location.
• The tenant must be behind in the rent and the written lease must have the provision for lockouts in the lease.
• Landlord must give written notice before lockout
• Residential tenant must be given the new key regardless of whether the back rent is paid or not. This key must be available 24 hours a day.
• Commercial tenant must pay the back rent before they receive the key and only during normal business hours.
• Tenant may file a civil suit for damages caused by an illegal lockout.
• Tenant may regain entry under a Writ of Reentry
o Complaint is filed in the JP precinct where the property is located
o If judge rules the lockout was illegal the court may issue a Writ of Reentry directing the landlord to let the tenant back in. If the landlord fails to obey the order he may be held in contempt of court and the Sheriff or Constable may use reasonable force to put the tenant back into the rental unit.
• All divorce degrees have a statement in them that give an officer limited authority to ask for the return of children when the person granted custody wants them returned and the other party has refused to do so.
• punishable by confinement in jail for as long as two years and a fine of as much as $10,000."
• Allows the officer to use reasonable effort (not reasonable force) to enforce terms of the specified order. Basically, this can be to ask for compliance with the order. There is no criminal violation for non-compliance.
• It gives the officer and his agency some immunity for a civil claim.