CHAPTER 86. LAW ENFORCEMENT DUTIES RELATING TO PROTECTIVE ORDERS

State Codes and Statutes

Statutes > Texas > Family-code > Title-4-protective-orders-and-family-violence > Chapter-86-law-enforcement-duties-relating-to-protective-orders

FAMILY CODE

TITLE 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE

SUBTITLE B. PROTECTIVE ORDERS

CHAPTER 86. LAW ENFORCEMENT DUTIES RELATING TO PROTECTIVE ORDERS

Sec. 86.001. ADOPTION OF PROCEDURES BY LAW ENFORCEMENT AGENCY.

(a) To ensure that law enforcement officers responding 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.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Sec. 86.0011. DUTY TO ENTER INFORMATION INTO STATEWIDE LAW

ENFORCEMENT INFORMATION SYSTEM. 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 the

10th 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.

Added by Acts 2001, 77th Leg., ch. 35, Sec. 2, eff. Sept. 1,

2001.

Sec. 86.002. DUTY TO PROVIDE INFORMATION TO FIREARMS DEALERS.

(a) On receipt 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.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Sec. 86.003. COURT ORDER FOR LAW ENFORCEMENT ASSISTANCE UNDER

TEMPORARY ORDER. On request by an applicant obtaining 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.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Amended by Acts 1997, 75th Leg., ch. 852, Sec. 1, eff. June 18.

1997.

Sec. 86.004. COURT ORDER FOR LAW ENFORCEMENT ASSISTANCE UNDER

FINAL ORDER. On request 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.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Amended by Acts 1997, 75th Leg., ch. 852, Sec. 2, eff. June 18,

1997.

Sec. 86.005. PROTECTIVE ORDER FROM ANOTHER JURISDICTION. To

ensure 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.

Added by Acts 1997, 75th Leg., ch. 1193, Sec. 17, eff. Sept. 1,

1997. Amended by Acts 2001, 77th Leg., ch. 48, Sec. 1, eff. Sept.

1, 2001.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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