family code

Question 1

Sec.A58.002.AAPHOTOGRAPHS AND FINGERPRINTS OF CHILDREN.
(a)AAExcept as provided by Chapter 63, Code of Criminal Procedure,
a child ___ ___ be photographed or fingerprinted without the
consent of the juvenile court unless the child is:
(1)AAtaken into custody; or
(2)AAreferred to the juvenile court for conduct that
constitutes a felony or a misdemeanor punishable by confinement in
jail, regardless of whether the child has been taken into custody.
(b)AAOn 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 juvenile board for that county that the
photographs and fingerprints required to be destroyed under Section
58.001 have been destroyed.AAThe juvenile board may 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.AAIf the audit shows that the
2
certification provided by the head of the law enforcement agency is
false, that person is subject to prosecution for perjury under
Chapter 37, Penal Code.
(c)AAThis section does not prohibit a law enforcement officer
from photographing or fingerprinting a child who is not in custody
or who has not been referred to the juvenile court for conduct that
constitutes a felony or misdemeanor punishable by confinement in
jail if the child ’s parent or guardian voluntarily consents in
writing to the photographing or fingerprinting of the
child.AAConsent of the child ’s parent or guardian is not required
to photograph or fingerprint a child described by Subsection (a)(1)
or (2).
(d)AAThis section does not apply to fingerprints that are
required or authorized to be submitted or obtained for an
application for a driver ’s license or personal identification card.
(e)AAThis section does not prohibit a law enforcement officer
from fingerprinting or photographing a child as provided by Section
58.0021.

Answer 1

may not

Question 2

Sec.A58.0021.AAFINGERPRINTS OR PHOTOGRAPHS FOR COMPARISON IN
INVESTIGATION. (a) A law enforcement officer may take _________
custody of a child to take the child ’s fingerprints if:
(1)AAthe officer has probable cause to believe that the
child has engaged in delinquent conduct;
(2)AAthe officer has investigated that conduct and has
found other fingerprints during the investigation; and
(3)AAthe officer has probable cause to believe that the
child ’s fingerprints will match the other fingerprints.
(b)AAA law enforcement officer may take temporary custody of
a child to take the child ’s photograph, or may obtain a photograph
3
of a child from a juvenile probation department in possession of a
photograph of the child, if:
(1)AAthe officer has probable cause to believe that the
child has engaged in delinquent conduct; and
(2)AAthe officer has probable cause to believe that the
child ’s photograph will be of material assistance in the
investigation of that conduct.
(c)AATemporary custody for the purpose described by
Subsection (a) or (b):
(1)AAis not a taking into custody under Section 52.01;
and
(2)AAmay not be reported to the juvenile justice
information system under Subchapter B.
(d)AAIf a law enforcement officer does not take the child
into custody under Section 52.01, the child shall be released from
temporary custody authorized under this section as soon as the
fingerprints or photographs are obtained.
(e)AAA law enforcement officer who under this section obtains
fingerprints or photographs from a child shall:
(1)AAimmediately destroy them if they do not lead to a
positive comparison or identification; and
(2)AAmake a reasonable effort to notify the child ’s
parent, guardian, or custodian of the action taken.
(f)AAA law enforcement officer may under this section obtain
fingerprints or photographs from a child at:
(1)AAa juvenile processing office; or
(2)AAa location that affords reasonable privacy to the
child.

Answer 2

temporary

Question 3

Sec. 58.0022.AAFINGERPRINTS OR PHOTOGRAPHS TO IDENTIFY
RUNAWAYS.AAA 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 ___________ 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.AAOn determination of the child ’s
identity or that the child cannot be identified by the fingerprints
or photographs, the law enforcement officer shall immediately
destroy all copies of the fingerprint records or photographs of the
child.

Answer 3

supervision

Question 4

Sec.A71.001.AAAPPLICABILITY OF DEFINITIONS. (a)
Definitions in this chapter apply to this title.
(b)AAIf, in another part of this title, a term defined by this
chapter has a meaning different from the meaning provided by this
chapter, the meaning of that other provision _______.
(c)AAExcept as provided by this chapter, the definitions in
Chapter 101 apply to terms used in this title.

Answer 4

prevails

Question 5

Sec.A71.002.AACOURT. “Court” means the ______ court,
court of domestic relations, juvenile court having the jurisdiction
of a district court, statutory county court, constitutional county
court, or other court expressly given jurisdiction under this
title.

Answer 5

district

Question 6

Sec.A71.0021.AADATING VIOLENCE. (a)AA”Dating violence”
means an act, other than a defensive measure to _____ _______, by
an actor that:
(1)AAis committed against a victim or applicant for a
protective order:
(A)AAwith whom the actor has or has had a dating
relationship; or
(B)AAbecause of the victim ’s or applicant ’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)AAis 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 imminent
physical harm, bodily injury, assault, or sexual assault.
(b)AAFor 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)AAthe length of the relationship;
(2)AAthe nature of the relationship; and
(3)AAthe frequency and type of interaction between the
persons involved in the relationship.
(c)AAA casual acquaintanceship or ordinary fraternization in
a business or social context does not constitute a “dating
relationship” under Subsection (b).

Answer 6

protect oneself

Question 7

Sec.A71.003.AAFAMILY. “Family” includes individuals related
by __________ or affinity, as determined under Sections 573.022
and 573.024, Government Code, 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.

Answer 7

consanguinity

Question 8

Sec. 71.004.AAFAMILY VIOLENCE.AA”Family violence” means:
(1)AAan act by a member of a family or household against
_______ 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)AAabuse, as that term is defined by Sections
261.001(1)(C), (E), (G), (H), (I), (J), (K), and (M), by a member of
a family or household toward a child of the family or household; or
(3)AAdating violence, as that term is defined by
Section 71.0021.

Answer 8

another

Question 9

Sec.A71.005.AAHOUSEHOLD. “Household” means a ____ composed
of persons living together in the same dwelling, without regard to
whether they are related to each other.

Answer 9

unit

Question 10

Sec.A71.006.AAMEMBER OF A HOUSEHOLD. “Member of a household”

includes a person who ________ lived in a household.

Answer 10

previously

Question 11

Sec.A71.007.AAPROSECUTING ATTORNEY. “Prosecuting attorney”
means the attorney, determined as ________ 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.

Answer 11

provided

Question 12

Sec.A83.001.AAREQUIREMENTS FOR TEMPORARY EX PARTE ORDER.
(a) If the court finds from the information contained in an
application for a protective order that there is a ____ ___ _______
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.
(b)AAIn a temporary ex parte order, the court may direct a
respondent to do or refrain from doing specified acts.

Answer 12

clear and present

Question 13

Sec.A83.002.AADURATION OF ORDER; EXTENSION. (a) A
temporary ex parte order is valid for the period specified in the
order, not to exceed __ days.
(b)AAOn 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.

Answer 13

20

Question 14

Sec.A83.003.AABOND NOT REQUIRED. The court, at the court ’s
discretion, ___ dispense with the necessity of a bond for a
temporary ex parte order.

Answer 14

may

Question 15

Sec.A83.004.AAMOTION TO VACATE. Any individual ________ 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.

Answer 15

affected

Question 16

Sec.A83.005.AACONFLICTING ORDERS. During the time the order
is _____, a temporary ex parte order prevails over any other court
order made under Title 5 to the extent of any conflict between the
orders.

Answer 16

valid

Question 17

Sec.A83.006.AAEXCLUSION OF PARTY FROM RESIDENCE. (a)
Subject to the limitations of Section 85.021(2), a person ___ only
be excluded from the occupancy of the person ’s residence by a
temporary ex parte order under this chapter if the applicant:
(1)AAfiles a sworn affidavit that provides a detailed
description of the facts and circumstances requiring the exclusion
of the person from the residence; and
(2)AAappears in person to testify at a temporary ex
parte hearing to justify the issuance of the order without notice.
(b)AABefore 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)AAthe 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)AAthe 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)AAthere is a clear and present danger that the person
to be excluded is likely to commit family violence against a member
of the household.
(c)AAThe 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.AAWithout 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.

Answer 17

may

Question 18

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 likely to occur in the future.
(b) If the court finds that family violence has occurred and that family violence is ______ to occur in the future, the court:
(1) 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.

Answer 18

likely

Question 19

Sec. 86.001. ADOPTION OF PROCEDURES BY LAW ENFORCEMENT AGENCY. (a) To ensure that law enforcement officers r__________ to calls are aware of the existence and terms of protective orders issued under this subtitle, each law enforcement agency shall establish procedures in the agency to provide adequate information or access to information for law enforcement officers of the names of each person protected by an order issued under this subtitle and of each person against whom protective orders are directed.

(b) A law enforcement agency may enter a protective order in the agency’s computer records of outstanding warrants as notice that the order has been issued and is currently in effect. On receipt of notification by a clerk of court that the court has vacated or dismissed an order, the law enforcement agency shall remove the order from the agency’s computer record of outstanding warrants.

Answer 19

esponding

Question 20

Sec. 86.0011. DUTY TO ENTER INFORMATION INTO STATEWIDE LAW ENFORCEMENT INFORMATION SYSTEM. (a) On receipt of an _______ or modified protective order from the clerk of the issuing court, a law enforcement agency shall immediately, but not later than the third business day 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.

(b) In this section, “business day” means a day other than a Saturday, Sunday, or state or national holiday.

Answer 20

original

Question 21

Sec. 86.002. DUTY TO PROVIDE INFORMATION TO FIREARMS DEALERS. (a) On _______ of a request for a law enforcement information system record check of a prospective transferee by a licensed firearms dealer under the Brady Handgun Violence Prevention Act, 18 U.S.C. Section 922, the chief law enforcement officer shall determine whether the Department of Public Safety has in the department’s law enforcement information system a record indicating the existence of an active protective order directed to the prospective transferee.

(b) If the department’s law enforcement information system indicates the existence of an active protective order directed to the prospective transferee, the chief law enforcement officer shall immediately advise the dealer that the transfer is prohibited.

Answer 21

receipt

Question 22

Sec. 86.003. COURT ORDER FOR LAW ENFORCEMENT ASSISTANCE UNDER TEMPORARY ORDER. On request by an applicant _________ a temporary ex parte protective order that excludes the respondent from the respondent’s residence, the court granting the temporary order shall render a written order to the sheriff, constable, or chief of police to provide a law enforcement officer from the department of the chief of police, constable, or sheriff to:

(1) accompany the applicant to the residence covered by the order;
(2) inform the respondent that the court has ordered that the respondent be excluded from the residence;
(3) protect the applicant while the applicant takes possession of the residence; and
(4) protect the applicant if the respondent refuses to vacate the residence while the applicant takes possession of the applicant’s necessary personal property.

Answer 22

obtaining

Question 23

Sec. 86.004. COURT ORDER FOR LAW ENFORCEMENT ASSISTANCE UNDER FINAL ORDER. On _______ by an applicant obtaining a final protective order that excludes the respondent from the respondent’s residence, the court granting the final order shall render a written order to the sheriff, constable, or chief of police to provide a law enforcement officer from the department of the chief of police, constable, or sheriff to:

(1) accompany the applicant to the residence covered by the order;
(2) inform the respondent that the court has ordered that the respondent be excluded from the residence;
(3) protect the applicant while the applicant takes possession of the residence and the respondent takes possession of the respondent’s necessary personal property; and
(4) if the respondent refuses to vacate the residence:

(A) remove the respondent from the residence; and

(B) arrest the respondent for violating the court order.

Answer 23

request

Question 24

Sec. 86.005. PROTECTIVE ORDER FROM ANOTHER JURISDICTION. To _______ that law enforcement officers responding to calls are aware of the existence and terms of a protective order from another jurisdiction, each law enforcement agency shall establish procedures in the agency to provide adequate information or access to information for law enforcement officers regarding the name of each person protected by an order rendered in another jurisdiction and of each person against whom the protective order is directed.

Answer 24

ensure

Question 25

Sec. 87.001. MODIFICATION OF PROTECTIVE ORDER. On the _______ of any party, the court, after notice and hearing, may modify an existing protective order to:

(1) exclude any item included in the order; or
(2) include any item that could have been included in the order.

Answer 25

motion

Question 26

Sec. 87.002. MODIFICATION MAY NOT EXTEND DURATION OF ORDER. A protective order ___ 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.

Answer 26

may

Question 27

Sec. 87.003. NOTIFICATION OF MOTION TO MODIFY. Notice of a motion to modify a protective order is sufficient if delivery of the motion is attempted on the respondent at the respondent’s ___ known address by registered or certified mail as provided by Rule 21a, Texas Rules of Civil Procedure.

Answer 27

last

Question 28

Sec. 87.004. CHANGE OF ADDRESS OR TELEPHONE NUMBER. (a) If a protective order contains the address or telephone number of a _____ protected by the order, of the place of employment or business of the person, or of the child-care facility or school of a child protected by the order and that information is not confidential under Section 85.007, the person protected by the order may file a notification of change of address or telephone number with the court that rendered the order to modify the information contained in the order.

(b) The clerk of the court shall attach the notification of change to the protective order and shall deliver a copy of the notification to the respondent by registered or certified mail as provided by Rule 21a, Texas Rules of Civil Procedure.
(c) The filing of a notification of change of address or telephone number and the attachment of the notification to a protective order does not affect the validity of the order.

Answer 28

person

Question 29

Sec. 88.002. DEFINITIONS. In this chapter:

(1) “Foreign protective order” _____ a protective order issued by a tribunal of another state.
(2) “Issuing state” means the state in which a tribunal issues a protective order.
(3) “Mutual foreign protective order” means a foreign protective order that includes provisions issued in favor of both the protected individual seeking enforcement of the order and the respondent.
(4) “Protected individual” means an individual protected by a protective order.
(5) “Protective order” means an injunction or other order, issued by a tribunal under the domestic violence or family violence laws or another law of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassing, contacting or communicating with, or being in physical proximity to another individual.
(6) “Respondent” means the individual against whom enforcement of a protective order is sought.
(7) “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.
(8) “Tribunal” means a court, agency, or other entity authorized by law to issue or modify a protective order.

Answer 29

means

Question 30

Sec. 88.003. JUDICIAL ENFORCEMENT OF ORDER. (a) A tribunal of this state ____ enforce the terms of a foreign protective order, including a term that provides relief that a tribunal of this state would not have power to provide but for this section. The tribunal shall enforce the order regardless of whether the order was obtained by independent action or in another proceeding, if the order is an order issued in response to a complaint, petition, or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protective order, the tribunal shall follow the procedures of this state for the enforcement of protective orders.

(b) A tribunal of this state shall enforce the provisions of the foreign protective order that govern the possession of and access to a child if the provisions were issued in accordance with the jurisdictional requirements governing the issuance of possession and access orders in the issuing state.
(c) A tribunal of this state may enforce a provision of the foreign protective order relating to child support if the order was issued in accordance with the jurisdictional requirements of Chapter 159 and the federal Full Faith and Credit for Child Support Orders Act, 28 U.S.C. Section 1738B, as amended.
(d) 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

(B) in the case of an ex parte order, within a reasonable time after the order was rendered.

(e) 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.
(f) It is an affirmative defense in an action seeking enforcement of a foreign protective order that the order does not meet the requirements for a valid order under Subsection (d).
(g) A tribunal of this state may enforce the provisions of a mutual foreign protective order that favor a respondent only if:
(1) the respondent filed a written pleading seeking a protective order from the tribunal of the issuing state; and
(2) the tribunal of the issuing state made specific findings in favor of the respondent.

Answer 30

shall

Question 31

Sec. 88.004. NONJUDICIAL ENFORCEMENT OF ORDER. (a) A law enforcement officer of this state, on determining that there is _______ cause to believe that a valid foreign protective order exists and that the order has been violated, shall enforce the foreign protective order as if it were an order of a tribunal of this state. A law enforcement officer has probable cause to believe that a foreign protective order exists if the protected individual presents a foreign protective order that identifies both the protected individual and the respondent and on its face, is currently in effect.

(b) For the purposes of this section, a foreign protective order may be inscribed on a tangible medium or may be stored in an electronic or other medium if it is retrievable in a perceivable form. Presentation of a certified copy of a protective order is not required for enforcement.
(c) If a protected individual does not present a foreign protective order, a law enforcement officer may determine that there is probable cause to believe that a valid foreign protective order exists by relying on any relevant information.
(d) A law enforcement officer of this state who determines that an otherwise valid foreign protective order cannot be enforced because the respondent has not been notified or served with the order shall inform the respondent of the order and make a reasonable effort to serve the order on the respondent. After informing the respondent and attempting to serve the order, the officer shall allow the respondent a reasonable opportunity to comply with the order before enforcing the order.
(e) The registration or filing of an order in this state is not required for the enforcement of a valid foreign protective order under this chapter.

Answer 31

probable

Question 32

Sec. 88.005. REGISTRATION OF ORDER. (a) An individual ___ register a foreign protective order in this state. To register a foreign protective order, an individual shall:

(1) present a certified copy of the order to a sheriff, constable, or chief of police responsible for the registration of orders in the local computer records and in the statewide law enforcement system maintained by the Texas Department of Public Safety; or
(2) present a certified copy of the order to the Department of Public Safety and request that the order be registered in the statewide law enforcement system maintained by the Department of Public Safety.
(b) On receipt of a foreign protective order, the agency responsible for the registration of protective orders shall register the order in accordance with this section and furnish to the individual registering the order a certified copy of the registered order.
(c) The agency responsible for the registration of protective orders shall register a foreign protective order on presentation of a copy of a protective order that has been certified by the issuing state. A registered foreign protective order that is inaccurate or not currently in effect shall be corrected or removed from the registry in accordance with the law of this state.
(d) An individual registering a foreign protective order shall file an affidavit made by the protected individual that, to the best of the protected individual’s knowledge, the order is in effect.
(e) A foreign protective order registered under this section may be entered in any existing state or federal registry of protective orders, in accordance with state or federal law.
(f) A fee may not be charged for the registration of a foreign protective order.

Answer 32

may

Question 33

Sec. 88.006. IMMUNITY. A ____ 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.

Answer 33

state

Question 34

Sec. 88.007. OTHER REMEDIES. A protected individual who pursues a remedy under this chapter is ___ precluded from pursuing other legal or equitable remedies against the respondent.

Answer 34

not

Question 35

Sec. 88.008. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this chapter, consideration ____ be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.

Answer 35

shall

Question 36

Sec. 91.003. INFORMATION PROVIDED BY MEDICAL PROFESSIONALS. A medical professional who treats a person for injuries that the medical professional has ______ to believe were caused by family violence shall:

(1) immediately provide the person with information regarding the nearest family violence shelter center;
(2) document in the person’s medical file:

(A) the fact that the person has received the information provided under Subdivision (1); and

(B) the reasons for the medical professional’s belief that the person’s injuries were caused by family violence; and

(3) give the person a written notice in substantially the following form, completed with the required information, in both English and Spanish:

“It is a crime for any person to cause you any physical injury or harm even if that person is a member or former member of your family or household.

“NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE

“You may report family violence to a law enforcement officer by calling the following telephone numbers: _____________________________.

“If you, your child, or any other household resident has been injured or if you feel you are going to be in danger after a law enforcement officer investigating family violence leaves your residence or at a later time, you have the right to:

“Ask the local prosecutor to file a criminal complaint against the person committing family violence; and

“Apply to a court for an order to protect you. You may want to consult with a legal aid office, a prosecuting attorney, or a private attorney. A court can enter an order that:

“(1) prohibits the abuser from committing further acts of violence;

“(2) prohibits the abuser from threatening, harassing, or contacting you at home;

“(3) directs the abuser to leave your household; and

“(4) establishes temporary custody of the children or any property.

“A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED PROTECTION MAY BE A FELONY.

“CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL ORGANIZATIONS IF YOU NEED PROTECTION: _____________________________.”

Answer 36

reason

Question 37

Sec. 92.001. IMMUNITY. (a) Except as provided by Subsection (b), a person who reports family violence under Section 91.002 or provides information under Section 91.003 is immune from _____ liability that might otherwise be incurred or imposed.

(b) A person who reports the person’s own conduct or who otherwise reports family violence in bad faith is not protected from liability under this section.

Answer 37

civil