Tx Family Code Flashcards
A law enforcement officer who, under family code section 58.0021, fingerprints or photographs for comparison in an investigation, Obtain fingerprints or photographs from a child shall make a reasonable effort to notify the child’s parent, guardian, or custodian of the action taken and: (58.0021 (e)(1)(2)
Immediately destroy them if they do not lead to a positive comparison or identification
A temporary ex parte order is valid for the period specified in the order, not to exceed: (83.002)
20 days. B) on request may be extended for additional 20 days
Before the court may render a temporary ex parte order excluding a person form the person’s residence, the court must find from the required affidavit and testimony that: (83.006)
1) the applicant either resides on the premises or has resided within 30 days before filed;
2) the person within 30 days before filed committed FV against a member of household; and
3) clear and present danger that person is likely to commit FV against a member of household
In a protective order, the court may (85.021)
1) prohibit party from A) removing a child from i) the possession of a person named in order ii) jurisdiction of the court B) transferring, disposing of property mutually owned C) removing pet 2) grant exclusive possession of residence 3) provide for the possession of a child 4) require payment of support for property or child 5)award to a party the use and possession of specified property.
On request by an applicant obtaining a final protective order that excludes the respondent from the respondents, residence, law enforcement officers shall 1) accompany the applicant to the residence 2) inform the respondent that the court has ordered that respondent be excluded from residence 3) protect the applicant while they take possession of property; and 4) if the respondent refuses to vacate residence; A____ B_____(86.004)
A) remove the respondent from the residence; and B) arrest the respondent for violating the court order.
A medical professional who treats a person for injuries that the medical professional has reason to believe were caused by family violence shall; (91.003)
1) immediately provide the person with information regarding the nearest family violence shelter center 2) document in the persons medical file; a) the fact that the person has received the information and b) the reasons for medical professionals belief that injuries were caused by FV and 3) give written notice of legal rights
A protective order does not affect _______ to real property (85.023)
the title
In a protective order the court may order a person found to have committed family violence to complete a ____________ (85.022)
battering intervention or other counseling program
except as otherwise provided by this section, a protective order is effective 1) for the period stated in the order, not to exceed ______; or if a period is not stated, until the _____ anniversary of the date issued (85.025)
2 years; 2nd
On request by an applicant obtaining a temporary ex parte protective order that excludes the respondent from the respondents residence, law enforcement officers shall 1) accompany the applicant to residence 2) inform respondent that court has ordered the respondent to be excluded from the residence 3) protect applicant while applicant takes possession of residence 4)__________ (86.003)
4) protect the applicant if the respondent refuses to vacate the residence while the applicant takes possession of the applicants necessary personal property.
__________ means a foreign protective order that includes provisions issued in favor of both the protected individual seeking enforcement of the order and the respondent. (88.002)
Mutual foreign protective order
_____ means the individual against whom enforcement of a protective order is sought (88.002)
Respondent
If a protected order 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 _______ (88.004)
relying on any relevant information
A person who reports family violence is _________ that might otherwise be incurred or imposed (92.001)
immune from civil liability
A person who reports the person’s own conduct or who otherwise reports family violence _________ is not protected from liability under this section (92.001)
in bad faith
