txinvestigator
TGT Addict
Sheriff depts do not issue restraining orders. Restraining orders are not enforceable by law enforcement.
A question for our LEOs.
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Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE CASE. (a) A person commits an offense if, in violation of a condition of bond set in a family violence case and related to the safety of the victim or the safety of the community, an order issued under Article 17.292, Code of Criminal Procedure, an order issued under Section 6.504, Family Code, Chapter 83, Family Code, if the temporary ex parte order has been served on the person, or Chapter 85, Family Code, or an order issued by another jurisdiction as provided by Chapter 88, Family Code, the person knowingly or intentionally:
(1) commits family violence or an act in furtherance of an offense under Section 22.011, 22.021, or 42.072;
(2) communicates:
(A) directly with a protected individual or a member of the family or household in a threatening or harassing manner;
(B) a threat through any person to a protected individual or a member of the family or household; or
(C) in any manner with the protected individual or a member of the family or household except through the person's attorney or a person appointed by the court, if the violation is of an order described by this subsection and the order prohibits any communication with a protected individual or a member of the family or household;
(3) goes to or near any of the following places as specifically described in the order or condition of bond:
(A) the residence or place of employment or business of a protected individual or a member of the family or household; or
(B) any child care facility, residence, or school where a child protected by the order or condition of bond normally resides or attends; or
(4) possesses a firearm.
(b) For the purposes of this section:
(1) "Family violence," " family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code.
(2) "Firearm" has the meaning assigned by Chapter 46.
(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.
(d) Reconciliatory actions or agreements made by persons affected by an order do not affect the validity of the order or the duty of a peace officer to enforce this section.
(e) A peace officer investigating conduct that may constitute an offense under this section for a violation of an order may not arrest a person protected by that order for a violation of that order.
(f) It is not a defense to prosecution under this section that certain information has been excluded, as provided by Section 85.007, Family Code, or Article 17.292, Code of Criminal Procedure, from an order to which this section applies.
(g) An offense under this section is a Class A misdemeanor unless it is shown on the trial of the offense that the defendant has previously been convicted under this section two or more times or has violated the order or condition of bond by committing an assault or the offense of stalking, in which event the offense is a third degree felony.
txinvestigator
TGT Addict
You failed to cite your source; nonetheless, that is not referring to a restraining order. You se the DA to obtain a protective order.
I believe a magistrate has to sign a protective order.
PENAL CODE**CHAPTER 25. OFFENSES AGAINST THE FAMILY
I didn't know we had both in Texas. What's the point of a restraining order? The woman in the story should get a protective order, if she can.
txinvestigator
TGT Addict
I believe she qualifies for a PO. A RO is issued by a court and is enforceable by the court in the form of contempt. Pretty much every divorce petition issued in Texas has a Temporary Restraining Order attached that orders both parties to not spend money unless authorized, liquidate or hide assets, harass or harm the other, etc.
I've written on here how crazy domestic disputes are. This'll sound harsh.
The best advice you could give your friend is leave the situation, I'm talking stay miles away from the girl. I know love and all, bla bla, bla you know what? Ain't worth it.
The "ex" here only sees a cheating spouse who is letting her lover sleep in his house. Sounds like the guy has absolutely nothing to loose. This has all the writing of a tragedy on the 6 o'clock news.
So, no guns, don't arm up. Don't buy or offer them one. Just tell your buddy to get the hell out. There isn't a winner here just three folks that are going to loose.
The best advice you could give your friend is leave the situation, I'm talking stay miles away from the girl. I know love and all, bla bla, bla you know what? Ain't worth it.
The "ex" here only sees a cheating spouse who is letting her lover sleep in his house. Sounds like the guy has absolutely nothing to loose. This has all the writing of a tragedy on the 6 o'clock news.
So, no guns, don't arm up. Don't buy or offer them one. Just tell your buddy to get the hell out. There isn't a winner here just three folks that are going to loose.
txinvestigator
TGT Addict
Dude, that is some solid advice.
Pretty much this^^^^
txinvestigator
TGT Addict
I would have liked to have met your Grandfather.
Mexican_Hippie
TGT Addict
She should not stay there either if she's worried.
All great advice, guys. I appreciate it. I'm gonna send the link to this thread to my friend so that he can read and understand.
The thought has occured to me. When I had initially heard about this entire situation the puzzle piece about the house belonging to the fellow doing the door-kicking was not provided to me.
tmd11111 said:
The thought has occured to me. When I had initially heard about this entire situation the puzzle piece about the house belonging to the fellow doing the door-kicking was not provided to me.
ROGER4314
Been Called "Flash" Since I Was A Kid!
TXR hit it on the head. This is a no-win situation. Women are drama queens and I would run from that shix as fast as my legs would carry me! LEO's know this too well. When they answer a domestic call, it's likely the combatants will quit fighting and team up against the LEO's.
Flash
Flash
If she really feels threatened she needs to stay somewhere her ex doesn't know about, and especially stay away from property he has a stake in. As a juror I would be very suspicious of anyone claiming they were in fear for their safety, yet didn't take the easiest and most sensical measures to safeguard it.
Best advise you can give your friend is get out of that situation and leave alone. Let her get done with her current relationship before he has any more involvement with her. As has already been stated what she needs is a protective order. If there has been viloence or a threat of violence in their relationship she should be able to get a protective order. She should file a report with the local law enforcement authority where she lives about him kicking the door in. But your friend needs to move out of the house until this all gets worked out. As far as her having the right to use deadly force there are too many variables that can come into play to say yes or no, but basically she has to be in immediate fear of serious bodily injury or death, or proetecting another from the same.
