Family Code

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lilcato
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60631
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Family Code
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2011-01-18 21:31:38
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law
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Family Code for Det/Cpl Test
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  1. Family Code - Chapter 58
    Records

    58.0021 Fingerprints or photographs for comparison in investigation
    • (a) law enforcement officer can take temporary custody of child to take fingerprints if:
    • (1) PC to believe the child has engaged in delinquent conduct
    • (2) officer has investigated that conduct and found other fingerprints during that investigation, and
    • (3) the officer has PC to believe that child's fingerprints will match those found
  2. Family Code - Chapter 58
    Records

    58.0021 Fingerprints or photographs for comparison in investigation (cont)
    • (b) May take temporary custody of child to take childs photograph if:
    • (1) PC to believe the child has engaged in delinquent conduct, and
    • (2) PC to believe the photo will be of material assistance in the investigation
    • (c) temporary custody described:
    • (1) is not taking into custody under 52.01 - arrest, and
    • (2) may not be reported to Juvenile Justice system under subchapter B
  3. Family Code - Chapter 58
    Records

    58.0021 Fingerprints or photographs for comparison in investigation (cont)
    • (d) if child is not in custody under 52.01, then officer shall release child from temporary custody as soon as the fingerprints or photographs are obtained.
    • (e) officer who obtains fingerprints or photographs from a child shall:
    • (1) immediatley destroy them if they do not lead to a positive comparison or ID
    • (2) make a reasonable effort to notify the child's parent, guardian, or custodian of the action taken
    • (f) officer may obtain fingerprints or photos of the child at:
    • (1) a juvenile processing office, or
    • (2) a location that affords reasonable privacy to the child
  4. Family Code - Chapter 71
    Definitions

    71.001 Applicability of definitions
    • (a) definitions in this chapter apply to this title
    • (b) if in another part of this title, a term is defined by this chapter has a meaning different from the meaning provided by this chapter, the meaning of that provision prevails.
    • (c) except as provided by this chapter, the definitions in chapter 101 apply to terms used in this title.
  5. Family Code - Chapter 71
    Definitions

    71.001 Court
    Court means the district court, court of domestic relations, juvenile court having the jurisdiction of a district court, statutory court, county court, constitutional county court, or other court expressly given jurisdiction under this title.
  6. Family Code - Chapter 71
    Definitions

    71.0021 Dating Violence
    (a) dating violence is an act by an individual against another who has or has had a dating relationship that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonable places that person in fear of imminent harm. Does not include defensive measures to protect oneself.
  7. Family Code - Chapter 71
    Definitions

    71.0021 Dating Violence
    • (b) dating relationship means those who have, or have had a continuing relationship of a romantic or intimate nature, based on consideration of:
    • (1) length of relationship
    • (2) nature of relationship
    • (3) frequency and type of interaction
    • (c) casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a dating relationship
  8. Family Code - Chapter 71
    Definitions

    71.003 Family
    Family includes consanguinity or affinity as described by 573.022 and 573.024 government code. Former spouses, parents of same child, foster child/parent without regard to whether they reside together
  9. Family Code - Chapter 71
    Definitions

    71.004 Family Violence
    • Family violence means:
    • (1) act by a member of family or household against another member that is intended to result in physical harm, bodily injury, assault, or sexual assault, or the threat of harm that reasonably places the person in fear of imminent harm. Does not include defensive measures to protect oneself.
    • (2) abuse, that term is defined by section 261.001(1)(c), (e),(g), by a member of that household (child abuse)
    • (3) dating violence
  10. Family Code - Chapter 71
    Definitions

    71.005 Household
    Household means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other
  11. Family Code - Chapter 71
    Definitions

    71.006 Member of a household
    Member of a household includes a person who previously lived in a household
  12. Family Code - Chapter 71
    Definitions

    71.007 Prosecuting attorney
    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 which venue of the application for a protective order is proper.
  13. Family Code - Chapter 83
    Temporary Ex Parte Orders

    83.001 Requirements for temporary ex-parte order
    • (a) if the court finds the information contained in the application for a protective order that there is a clear and present danger of family violence, the court, without further notice to the individual suspect, may enter a temporary ex parte order for the protection of the applicant or any other member of the family,
    • (b) in the order, the court may direct a respondent to do or refrain from doing specified acts
  14. Family Code - Chapter 83
    Temporary ex-parte orders

    83.002 Duration of order; extension
    • (a) a temporary ex-parte order is valid for the period specified in the order, not to exceed 20 days
    • (b) on request of the applicant or on the court's own motion, the order may be extended for additional 20-day periods
  15. Family Code - Chapter 83
    Temporary Ex Parte Orders

    83.003 Bond Not Required
    The court, at the court's discretion, may dispense with the necessity of a bond for a temporary ex-parte order
  16. Family Code - Chapter 83
    Temporary Ex Parte Order

    83.004 Motion to vacate
    Any individual affected by a temporary ex parte order may file a motion 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.
  17. Family Code - Chapter 83
    Temporary Ex Parte Order

    83.005 Conflicting Orders
    During the time the order is valid, a temporary ex parte order prevails over any other court order under title 5 (child custody orders)
  18. Family Code - Chapter 83
    Temporary ex parte order

    83.006 Exclusion of party from residence
    • (a) subject to limitations of section 85.021(2) a person may only be excluded from the occupancy of the persons residence by a temporary ex parte order if the applicant:
    • (1) files a sworn affidavit with detailed facts requiring the exclusion, and
    • (2) appears in person to testify at the hearing
  19. Family Code - Chapter 83
    Temporary ex parte order

    83.006 Exclusion of party from residence
    • (b) before the court can render the order excluding a person from the residence the court must find:
    • (1) the applicant resides or has resided there in the last 30 days before the application was filed,
    • (2) the person to be excluded has within 30 days before the application date, 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.
  20. Family Code - Chapter 83
    Temporary Ex Parte Order

    83.007 Recess of hearing to contact respondent
    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 can be present, the hearing will resume before the end of the working day.
  21. Family Code - Chapter 85
    Contents of Protective order

    85.021 Requirements of order applying to any party
    • In the protective order, the court may:
    • (1) prohibit a party from:
    • (a) removing children from:
    • (i) the possession of a person in the order,
    • (ii) the jurisdiction of the court; or
    • (b) transferring, encumbering, or otherwise disposing of property, other than in the case of ordinary business, that is mutually owned
  22. Family Code - Chapter 85
    Contents of Protective Order

    85.021 Requirements of order applying to any party
    • (2) grant exclusive possession of a residence and order one or more parties to vacate if:
    • (a) jointly owned by the two parties
    • (b) owned by party retaining possession, or
    • (c) owned by the suspect and the suspect has obligation to support the other party or child
  23. Family Code - Chapter 85
    Contents of Protective Order

    85.021 Requirements of order applying to any party
    • (3) provide for the possession of and access to a child of a party if the person receiving possession of or access to child is a parent
    • (4) require payment for support of party or child; or
    • (5) award use or possession of specified property that is community property or jointly owned
  24. Family Code - Chapter 85
    Contents of protective order

    85.022 Requirements of order applying to person who committed family violence
    • (a) the courts may order person found to have committed family violence to:
    • (1) complete a battering intervention and prevention program accredited under 42.141 CCP
    • (2) if above is not available, complete a program or counsel with a provider that has began the accreditation process under (a-1); or
    • (3) if above not available, counsel with a social worker, family service agency, physician, psychologist, licensed therapist, or licensed professional counselor who has completed fam. viol. intervention training.
    • (a-1) a program or provider serving as a referral option for the courts must be accredited under 42.141 CCP.
  25. Family Code - Chapter 85
    Contents of protective order

    85.022 Requirements of order applying to person who committed family violence
    • (b) the court may prohibit person from:
    • (1) committing family violence
    • (2) communicating:
    • (A) directly with a person in a threatening manner or harassing
    • (B) threat through any person to protected person
    • (C) if the court finds good cause, in any manner to a protected person except through attorney or court
    • (3) going to protected persons home or work
    • (4) going to residence, school or daycare
    • (5) engaging in conduct aimed at a protected person that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass; and
    • (6) possessing a firearm, unless a peace officer at work
  26. Family Code - Chapter 85
    Contents of protective order

    85.022 Requirements of order applying to person who committed family violence
    • (c) court will describe each prohibited location and distance
    • (d) court may suspend license to carry concealed handgun
    • (e) firearm has meaning assigned by 46.01 penal code
  27. Family Code - Chapter 85
    Contents of protective order

    85.023 Effect on property rights
    A protective order or an agreement approved by the court under this titled does not affect the title to real property
  28. Family Code - Chapter 85
    Contents of protective order

    85.024 Enforcement of counseling requirement
    • (a) persons whom are required to attend counseling shal file an affidavit to the court, before the 60th day after the date the order was rendered, saying they have began or counseling is not available. A person who says they have began counseling shall file a statement that they completed counseling not later than 30th day before the expiration date or the 30th day before the 1st anniversary of the order issue date, whichever date is earlier. Affidavit must contain letter, notice, or certificate verifying completion. Failure to comply is punished as contempt of court.
    • (b) order must advise person of this requirement and the possible punishment
  29. Family Code - Chapter 85
    Contents of Protective order

    85.025 Duration of protective order
    • (a) except as provided by (b) or (c), the order is effective:
    • (1) period stated in order, not to exceed 2 years,
    • (2) if period is not stated, until the 2nd anniversary of issue date
    • (b) subject of order may file motion not earlier than the 1st anniversary of order, requesting the court to review a continuing need for order. Court can order the P.O. continue or set a new expiration date
    • (c) if subject is imprisoned on the date the P.O. would expire, the period is extended to 1st anniversary from date that person is released.
  30. Family Code - Chapter 85
    Contents of Protective Order

    85.026 Warning on Protective order
    (a) each order including an ex-parte order, must contain this in bold-faced 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 6 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."
  31. Family Code - Chapter 85
    Contents of Protective order

    85.026 Warning on protective order
    (b) each order except temporary ex parte order, must contain: "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE AS MUCH AS $4000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS 1 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 2 YEARS."
  32. Family Code - Chapter 85
    Contents of protective order

    85.026 Warning on protective order
    (c) all protective orders will contain: "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."
  33. Family Code - Chapter 86
    Law enforcement duties relating to protective orders

    86.001 Adoption of procedures by law enforcement agency
    • (a) each law enforcement agency shall establish procedures to provide adequate information or access to information for law enforcement officers to names of each person in order.
    • (b)each law enforcement agency may enter protective orders into their computer records of outstanding warrants as notice it was issued and is in effect. They will remove order on notice that it was vacated or dismissed
  34. Family Code - Chapter 86
    Law enforcement duties relating to protective orders

    86.0011 Duty to enter information into statewide law enforcement information system
    On receipt of original or modified protective order, agency shall immediately, but not later than the 10th day after receipt, enter information into the statewide database maintained by DPS.
  35. Family Code - Chapter 86
    Law enforcement duties relating to protective orders

    86.002 Duty to provide information to firearms dealers
    • (a) on receipt of a request for a record check for a firearms dealer, the chief law enforcement officer shall check for an active protection order.
    • (b) if one is found, chief law enforcement officer shall immediately advise the dealer that the transfer is prohibited
  36. Family Code - Chapter 86
    Law enforcement duties relating to protective orders

    86.003 Court order for law enforcement assistance under temporary order
    • On request of applicant of temporary ex parte order vacating person from residence, the court shall render a written order to sheriff, constable, or chief of police to provide officer to:
    • (1) accompany applicant to residence covered by order
    • (2) inform respondent of the order and they are excluded from the residence
    • (3) protect the applicant while they take possession of residence, and
    • (4) protect the applicant if respondent refuses to vacate the residence while the applicant takes possession of their necessary property.
  37. Family Code - Chapter 86
    Law enforcement duties relating to protective orders

    86.004 - Court order for law enforcement assistance under final order
    • On request of applicant excluding subject from residence, order shall render a written order to sheriff, constable, or chief of police to provide officer to:
    • (1) accompany applicant to residence
    • (2) inform respondent of order to be excluded from residence,
    • (3) protect applicant while they take possession of house, and
    • (4) if respondent refuses to vacate:
    • (a) remove respondent and
    • (b) arrest for violation of court order
  38. Family Code - Chapter 86
    Law enforcement duties relating to protective orders

    86.005 - Protective order from another jurisdiction
    Each law enforcement agency shall establish procedures in the agency to provide adequate information to officers about orders from other jurisdictions.
  39. Family Code - Chapter 88
    Uniform interstate enforcement of domestic violence protection orders act

    88.001 Short title
    This title may be cited as the uniform interstate enforcement of domestic violence protection orders act
  40. Family Code - Chapter 88
    Uniform interstate enforcement of domestic violence protection orders act

    88.002 - Definitions
    • (1) foreign protective order - issued by a tribunal of another state
    • (2) issuing state - state in which a tribunal issues a protective order
    • (3) mutual foreign protective order - issued in favor of protected individual and respondent
    • (4) protected individual - protected by protective order
  41. Family Code - Chapter 88
    Uniform interstate enforcement of domestic violence protection orders act

    88.002 - Definitions (cont)
    • (5) protective order - injunction or order issued by issuing state, to prevent an individual from violent or threatening acts against, harassing, contacting or communicating, or in physical proximity of another
    • (6) respondent - individual against whom enforcement of a protective order is sought
    • (7) state - state of the U.S., District of Columbia, Puerto Rico, U.S. Virgin Islands, or other jurisdiction of the U.S. (includes indian tribes)
    • (8) tribunal - court, agency, or entity authorized by law to issue or modify a protective order
  42. Family Code - Chapter 88
    Uniform interstate enforcement of domestic violence protection orders act

    88.003 Judicial enforcement of order
    • (a) foreign protective orders will be enforced by this state
    • (b) foreign protective orders concerning children shall be enforced by this state
    • (c) this state may enforce child support from a foreign protective order.
    • (d) foreign protective orders are valid if:
    • (1) names protected person and respondent
    • (2) is currently in effect
    • (3) rendered by tribunal having jurisdiction under law of issuing state
    • (4) was rendered after respondent had reasonable notice and opportunity to be heard consistent with right to due process by either:
    • (A) before tribunal issued the order
    • (B) in case of ex-parte order, a reasonable time after order was rendered
  43. Family Code - Chapter 88
    Uniform interstate enforcement of domestic violence protection orders act

    88.003 Judicial enforcement of order
    • (e) a protected individual seeking enforcement of order establishes prima facie case for its validity by presenting a valid order
    • (f) it is an affirmative defense that the order did not meet requirements in (d)
    • (g) tribunal of this state may enforce provisions of a mutual foreign protective order that favor a respondent only if:
    • (1) respondent filed a written pleading seeking a protective order from the tribunal of the issuing state and,
    • (2) tribunal of the issuing state made specific findings in favor of respondent
  44. Family Code - Chapter 88
    Uniform interstate enforcement of domestic violence protection orders act

    88.004 Non-Judicial enforcement of an order
    • (a) officer will enforce foreign protective orders if he has PC to believe it exists and has been violated. Officer has PC to believe it exists if protected individual presents order identifying parties and on it's face is currently in effect
    • (b) certified copies of foreign protective order is not required for enforcement and may be an electronic copy
    • (c) if order is not presented, officer may determine if there is PC to believe that one exists
    • (d) if respondent not aware of order, officer will make them aware and give them reasonable time to comply with the order before enforcing it
    • (e) filing of an order in this state is not required for enforcement under this chapter
  45. Family Code - Chapter 88
    Uniform interstate enforcement of domestic violence protection orders act

    88.005 Registration of order
    • (a) an individual may register a foreign protective order in this state by:
    • (1) present a certified copy of the order to a sheriff, constable, or chief of police responsible for registration, or
    • (2) present a certified copy of the order to DPS and request registration
    • (b) on receipt, the agency shall register the order and furnish to the individual a certified copy of the registered order
  46. Family Code - Chapter 88
    Uniform interstate enforcement of domestic violence protection orders act

    88.005 Registration of order
    • (c) registered foreign protective orders that are inaccurate or not in effect will be removed from registry
    • (d) registering individual shall file affidavit that the order is in effect
    • (e) foreign protection orders registered under this section may be entered in state registries
    • (f) fee may not be charged for registration
  47. Family Code - Chapter 88
    Uniform interstate enforcement of domestic violence protection orders act

    88.006 Immunity
    Officials are immune from civil or criminal liability for act or omission on registration or enforcement of foreign protection orders if done in good faith
  48. Family Code - Chapter 88
    Uniform interstate enforcement of domestic violence protection orders act

    88.007 other remedies
    Protected individuals seeking a remedy under this chapter are not precluded from other remedies against the respondent
  49. Family Code - Chapter 88
    Uniform interstate enforcement of domestic violence protection orders act

    88.008 Uniformity of application and construction
    Consideration shall be made for uniformity of law with respect to subject matter among other states
  50. Family Code - Chapter 91
    Reporting Family Violence

    91.001 Definitions
    • (1) family violence - meaning assigned by 71.004
    • (2) medical professional - licensed doctor, nurse, physician assistant, or emergency medical technician
  51. Family Code - Chapter 91
    Reporting Family Violence

    91.002 Reporting by witnesses encouraged
    A person who witnesses family violence is encouraged to report the family violence to a local law enforcement agency.
  52. Family Code - Chapter 91
    Reporting Family Violence

    91.003 Information provided by medical professional
    • Medical Professionals who treat persons they believe are victims of family violence shall:
    • (1) provide information regarding nearest family violence shelter
    • (2) document in the persons medical file:
    • (a) the fact they received the information in (1), and
    • (b) the reasons they believe it's family violence
    • (3) give person the form in english and spanish (pink form)
  53. Family Code - Chapter 91
    Reporting Family Violence

    91.004 Application of subtitle
    This subtitle does not affect duty to report child abuse under chapter 261
  54. Family Code - Chapter 92
    Immunity

    92.001 Immunity
    • (a) except as in (b), a person who reports family violence or provides information is immune from civil liability that might otherwise be incurred or imposed.
    • (b) a person who reports their own conduct or reports family violence in bad faith is not protected from liability under this section.

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