Family Code 2017 exam

Home > Preview

The flashcards below were created by user apple2016 on FreezingBlue Flashcards.


  1. Sec. 58.002. PHOTOGRAPHS AND FINGERPRINTS OF CHILDREN. (a) Except as provided by Chapter 63, Code of Criminal Procedure, a child may not be photographed or fingerprinted without the consent of the ____ ____ unless the child is taken into custody or referred to the juvenile court for conduct that constitutes a felony or a misdemeanor punishable by confinement in jail.
    juvenile court
  2. Sec. 58.002. PHOTOGRAPHS AND FINGERPRINTS OF CHILDREN.b) On or before December 31 of each year, the head of each municipal or county law enforcement agency located in a county shall certify to the ____ ____ for that county that the photographs and fingerprints required to be destroyed under Section 58.001 have been destroyed.
    juvenile board
  3. Sec. 58.002. PHOTOGRAPHS AND FINGERPRINTS OF CHILDREN.
    The ____ ____ shall conduct or cause to be conducted an audit of the records of the law enforcement agency to verify the destruction of the photographs and fingerprints and the law enforcement agency shall make its records available for this purpose.
    juvenile board
  4. Sec. 58.002. PHOTOGRAPHS AND FINGERPRINTS OF CHILDREN. 

    (c) This section does not prohibit a law enforcement officer from photographing or fingerprinting a child who is not in custody if the ____ _____ or ____ voluntarily consents in writing to the photographing or fingerprinting of the child.
    child's parent or guardian
  5. Sec. 58.002. PHOTOGRAPHS AND FINGERPRINTS OF CHILDREN.  

    (d) This section does not apply to fingerprints that are required or authorized to be submitted or obtained for an application for what?
    a driver's license or personal identification card.
  6. Sec. 58.0021. FINGERPRINTS OR PHOTOGRAPHS FOR COMPARISON IN INVESTIGATION. (a) A law enforcement officer may take temporary custody of a child to take the child's fingerprints if:
    (1) the officer has probable cause to believe that the child has engaged in ____ ____;

    (2) the officer has investigated that conduct and has found other ____ during the investigation; and

    (3) the officer has ____ ____ to believe that the child's fingerprints will match the other fingerprints.
    • 1) delinquent conduct
    • 2) fingerprints
    • 3) probable cause
  7. Sec. 58.0021. FINGERPRINTS OR PHOTOGRAPHS FOR COMPARISON IN INVESTIGATION. 
    (b) A law enforcement officer may take temporary custody of a child to take the child's photograph if:
    (1) the officer has probable cause to believe that the child has engaged in ____ ____; and

    (2) the officer has probable cause to believe that the child's photograph will be of ____ ____ in the investigation of that conduct.
    • 1) delinquent conduct
    • 2) material assistance
  8. Sec. 58.0021. FINGERPRINTS OR PHOTOGRAPHS FOR COMPARISON IN INVESTIGATION.
    (e) A law enforcement officer who under this section obtains fingerprints or photographs from a child shall:

    (1) immediately destroy them if they do not lead to a positive ____ or ____; and

    (2) make a ____ ____ to notify the child's parent, guardian, or custodian of the action taken.
    • 1) comparison or identification
    • 2) reasonable effort
  9. Sec. 58.0021. FINGERPRINTS OR PHOTOGRAPHS FOR COMPARISON IN INVESTIGATION.


    (f) A law enforcement officer may under this section obtain fingerprints or photographs from a child at:

    (1) a ____ ____ office; or

    (2) a location that affords ____ ____ to the child.
    • 1) juvenile processing
    • 2) reasonable privacy
  10. Sec. 58.0022. FINGERPRINTS OR PHOTOGRAPHS TO IDENTIFY RUNAWAYS. A law enforcement officer who takes a child into custody with probable cause to believe that the child has engaged in conduct indicating a need for supervision as described by Section 51.03(b)(2) and who after reasonable effort is unable to determine the identity of the child, may fingerprint or photograph the child to establish the child's identity. On determination of the child's identity or that the child cannot be identified by the fingerprints or photographs, the law enforcement officer shall do what?
    immediately destroy all copies of the fingerprint records or photographs of the child.
  11. Sec. 71.002. COURT.
    "Court" means the district court, court of _1__ relations, _2__ court having the jurisdiction of a district court, _3__ county court, _4__ county court, or other court expressly given jurisdiction under this title.
    • 1) domestic
    • 2) juvenile
    • 3) statutory
    • 4) constitutional
  12. Sec. 71.0021. DATING VIOLENCE. (a) "Dating violence" means an act, other than a defensive measure to protect oneself, by an actor that:
    (1) is committed against a victim or whom?
    applicant for a protective order
  13. Sec. 71.0021. DATING VIOLENCE. (a) "Dating violence" means an act, other than a defensive measure to protect oneself, by an actor that:
    (2) is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the victim or applicant in fear of ____ ____ ____, bodily injury, assault, or sexual assault.
    imminent physical harm
  14. Sec. 71.0021. DATING VIOLENCE. (a) "Dating violence" means an act, other than a defensive measure to protect oneself, by an actor that:

    (2) is intended to result in _1__ ____, _2__ ____, _3__, or _4__ ____ or that is a threat that reasonably places the victim or applicant in fear of imminent physical harm, bodily injury, assault, or sexual assault.
    • 1) physical harm
    • 2) bodily injury
    • 3) assault
    • 4) sexual assault
  15. Sec. 71.0021. DATING VIOLENCE.
    (b) For purposes of this title, "dating relationship" means a relationship between individuals who have or have had a ____ relationship of a romantic or intimate nature.
    continuing
  16. Sec. 71.0021. DATING VIOLENCE.
    (b) For purposes of this title, "dating relationship" means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of:

    (1) the ____ of the relationship;

    (2) the ____ of the relationship; and

    (3) the ____ and ____ of interaction between the persons involved in the relationship.
    • 1) length
    • 2) nature
    • 3) frequency and type
  17. Sec. 71.0021. DATING VIOLENCE.
    (c) A ____ ____ or ____ ____ in a business or social context does not constitute a "dating relationship" under Subsection (b).
    • casual acquaintanceship;
    • ordinary fraternization
  18. Sec. 71.003. FAMILY. "Family" includes individuals related by consanguinity or affinity, ...individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a ____ ____ and ____ ____, without regard to whether those individuals reside together.
    • foster child;
    • foster parent
  19. Sec. 71.004. FAMILY VIOLENCE. "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 ____ ____ the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include ____ ____ to protect oneself;
    • reasonably places;
    • defensive measures
  20. Sec. 71.007. PROSECUTING ATTORNEY. "Prosecuting attorney" means the attorney, determined as provided in this title, who represents the state in a ____ or ____ ____ court in the county in which venue of the application for a protective order is proper.
    • district;
    • statutory county
  21. Sec. 83.002. DURATION OF ORDER; EXTENSION. (a) A temporary ex parte order is valid for the period specified in the order, not to exceed ____ days.

    (b) On the request of an applicant or on the court's own motion, a temporary ex parte order may be extended for additional ____-day periods.
    • 20;
    • 20
  22. Sec. 83.004. MOTION TO VACATE. Who 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.
    Any individual affected by a temporary ex parte order
  23. Sec. 83.004. MOTION TO VACATE. 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 when?
    as soon as possible.
  24. Sec. 83.006. EXCLUSION OF PARTY FROM RESIDENCE. (a) 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 ____ ____ that provides a detailed description of the facts and circumstances requiring the exclusion of the person from the residence; and

    (2) ____ in ____ to testify at a temporary ex parte hearing to justify the issuance of the order without notice.
    • sworn affidavit;
    • appears in person
  25. Sec. 83.006. EXCLUSION OF PARTY FROM RESIDENCE.
    (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 ____ days before the date the application was filed;

    (2) the person to be excluded has within the ____ days before the date the application was filed committed family violence against a member of the household; and

    (3) there is a ____ and ____ danger that the person to be excluded is likely to commit family violence against a member of the household.
    • 30;
    • 30;
    • clear and present
  26. (c) 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 when?
    the end of the working day.
  27. CHAPTER 83 of the Family Code deals with what?
    TEMPORARY EX PARTE ORDERS
  28. CHAPTER 85 of the Family Code deals with the issuance of what?
    ISSUANCE OF PROTECTIVE ORDER
  29. Sec. 85.001. REQUIRED FINDINGS AND ORDERS. (a) At the close of a hearing on an application for a protective order, the court shall find whether:

    (1) family violence has occurred; and

    (2) family violence is ____ ____ ____ in the future.
    likely to occur
  30. Sec. 85.001. REQUIRED FINDINGS AND ORDERS.

    (b) If the court finds that family violence has occurred and that family violence is likely to occur in the future, the court:
    (1) ____ render a protective order as provided by Section 85.022 applying only to a person found to have committed family violence; and

    (2) ____ 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.
    • shall;
    • may
  31. Sec. 85.001. REQUIRED FINDINGS AND ORDERS.
    (d) If the court renders a protective order for a period of more than ____ ____, the court must include in the order a finding described by Section 85.025(a-1).
    two years
  32. Sec. 85.003. SEPARATE PROTECTIVE ORDERS REQUIRED. (a) 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 ____ ____ protective orders in two separate documents that reflect the appropriate conditions for each party.
    distinct and separate
  33. Sec. 85.003. SEPARATE PROTECTIVE ORDERS REQUIRED.
    (c) A court may not render one protective order under Section 85.022 that applies to ____ ____.
    both parties
  34. Sec. 85.024. ENFORCEMENT OF COUNSELING REQUIREMENT. (a) A person found to have engaged in family violence who is ordered to attend a program or counseling under Section 85.022(a)(1), (2), or (3) shall file with the court an affidavit before the ____ 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.
    60th
  35. Sec. 85.025. DURATION OF PROTECTIVE ORDER. (a) Except as otherwise provided by this section, an order under this subtitle is effective:

    (1) for the period stated in the order, not to exceed ____ ____; or

    (2) if a period is not stated in the order, until the ____ anniversary of the date the order was issued.
    • two years;
    • second
  36. Sec. 85.025. DURATION OF PROTECTIVE ORDER.
    (a-1) The court may render a protective order sufficient to protect the applicant and members of the applicant's family or household that is effective for a period that exceeds two years if the court finds that the person who is the subject of the protective order:
    (1) caused ____ ____ ____ to the applicant or a member of the applicant's family or household; or

    (2) was the subject of ____ or more previous protective orders rendered:

    (A) to protect the person on whose behalf the current protective order is sought; and

    (B) after a finding by the court that the subject of the protective order:

    (i) has committed family violence; and

    (ii) is likely to commit family violence in the future.
    • serious bodily injury;
    • two
  37. Sec. 85.025. DURATION OF PROTECTIVE ORDER.(b) A person who is the subject of a protective order may file a motion not earlier than when, requesting that the court review the protective order and determine whether there is a continuing need for the order.
    the first anniversary of the date on which the order was rendered
  38. Sec. 85.025. DURATION OF PROTECTIVE ORDER. 

    (c) If a person who is the subject of a protective order is confined or imprisoned on the date the protective order would expire under Subsection (a) or (a-1), or if the protective order would expire not later than the first anniversary of the date the person is released from confinement or imprisonment, the period for which the order is effective is extended, and the order expires on:

    (1) the first anniversary of the date the person is released from confinement or imprisonment, if the person was sentenced to confinement or imprisonment for more than ____ ____; or

    (2) the second anniversary of the date the person is released from confinement or imprisonment, if the person was sentenced to confinement or imprisonment for ____ ____ or less.
    • five years;
    • five years
  39. Sec. 85.026. WARNING ON PROTECTIVE ORDER. (a) 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 ____ OR BY CONFINEMENT IN JAIL FOR AS LONG AS ____ ____, OR BOTH."
    • $500; 
    • SIX MONTHS
  40. Sec. 85.026. WARNING ON PROTECTIVE ORDER.

    (a) 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 VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS ____ OR BY CONFINEMENT IN JAIL FOR AS LONG AS ____ 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 ____ ____."
    $4,000; ONE

    TWO YEARS
  41. Sec. 86.0011. DUTY TO ENTER INFORMATION INTO STATEWIDE LAW ENFORCEMENT INFORMATION SYSTEM. (a) On receipt of an original or modified protective order from the clerk of the issuing court, a law enforcement agency shall immediately, but not later than when, after the date the order is received, enter the information required by Section 411.042(b)(6), Government Code, into the statewide law enforcement information system maintained by the Department of Public Safety.
    the third business day
  42. Sec. 91.001. DEFINITIONS. In this subtitle:

    (2) "Medical professional" means what 4 professions?
    • 1) a licensed doctor,
    • 2) nurse,
    • 3) physician assistant, or
    • 4) emergency medical technician.

Card Set Information

Author:
apple2016
ID:
332835
Filename:
Family Code 2017 exam
Updated:
2017-07-11 23:08:06
Tags:
family code
Folders:

Description:
family code
Show Answers:

Home > Flashcards > Print Preview