txinvestigator
TGT Addict
Sheriff depts do not issue restraining orders. Restraining orders are not enforceable by law enforcement.Also, contact the Sheriff's dept. file a restraining order, then will help her case JIC worse comes to worse.
Sheriff depts do not issue restraining orders. Restraining orders are not enforceable by law enforcement.Also, contact the Sheriff's dept. file a restraining order, then will help her case JIC worse comes to worse.
Restraining orders are not enforceable by law enforcement.
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.
I believe a magistrate has to sign a protective order.You failed to cite your source; nonetheless, that is not referring to a restraining order. You se the DA to obtain 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.
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.
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.
My grandfather used to tell me "If something stinks, don't put your nose in it."
tmd11111 said:Sounds like your buddy is lucky the ex didn't enter HIS HOUSE and shoot him.