family code Flashcards
(37 cards)
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.
may not
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.
temporary
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.
supervision
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.
prevails
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.
district
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).
protect oneself
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.
consanguinity
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.
another
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.
unit
Sec.A71.006.AAMEMBER OF A HOUSEHOLD. “Member of a household”
includes a person who ________ lived in a household.
previously
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.
provided
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.
clear and present
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.
20
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.
may
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.
affected
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.
valid
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.
may
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.
likely
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.
esponding
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.
original
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.
receipt
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.
obtaining
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.
request
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.
ensure
