can anybody tell me if?

[RetArmySgt]

Look up those statues, those are for Arson, criminal mischief and garfitti.

 

[RetArmySgt]

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.

 

[txinvestigator]

TXINV.

someone has a r.o person that beat up their grandmother comes back to her property the week after she went and got all the ppw completed for restraining order. The police officer stated to me personally if he is even seen by even a neighbor, all that has to be done is they call it in to PD and they come out. If hes there, he goes to jail, no questions asked. WAS this LEO incorrect? If he was, please tell what the point of a restraining order is for? I just went through this whole process when my grandmothers step son destroyed her house after going psycho.

You are mistaken. You are referring to a protective order. LE are required to enforce protective orders. I already told you what restraining orders are for.

 

[txinvestigator]

Violating a protective order can have strong repercussions in Texas because it means you have been accused of disobeying a direct order from a judge. While it is a misdemeanor on the first offense, there are additional penalties and conditions not normally imposed in misdemeanor cases.
The police can arrest you without a warrant if an officer has probable cause to believe you threatened, assaulted or went near a person protected by a restraining order. The officer can make the arrest based on witness statements, physical evidence such as bruises on the victim, or from your own admissions.
If you are charged with violating a protection order, you can be held in jail without bail as long as the judge determines that you may pose an immediate threat to the victim.

If you are going to quote the work authored by another you should give credit to the author. You did not write that.

 

[txinvestigator]

I knew that was BS.....

I pullled a TXINVE and found the law...


§ 25.071. VIOLATION OF PROTECTIVE ORDER PREVENTING OFFENSE CAUSED BY BIAS OR PREJUDICE. (a) A person commits an offense if, in violation of an order issued under Article 6.08, Code of Criminal Procedure, the person knowingly or intentionally: (1) commits an offense under Title 5 or Section 28.02, 28.03, or 28.08 and commits the offense because of bias or prejudice as described by Article 42.014, Code of Criminal Procedure; (2) communicates: (A) directly with a protected individual in a threatening or harassing manner; (B) a threat through any person to a protected individual; or (C) in any manner with the protected individual, if the order prohibits any communication with a protected individual; or (3) goes to or near the residence or place of employment or business of a protected individual. (b) 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. (c) 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. (d) 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 protective order by committing an assault, in which event the offense is a third degree felony.Added by Acts 2001, 77th Leg., ch. 85, § 3.02, eff. Sept. 1, 2001.

Good for you. Now you know the difference between a protective order and a restraining order. You do see the difference, right?

 

[txinvestigator]

Protective order, yes
You are correct about restraining order. Courts can send them to JAIL but they dont give LEO the RIGHT to make that decision.

Restraining orders are not enforceable by the police or Sheriff's Department. Rather, violations of these Orders can be brought to the attention of the Court, which has the power to order an offender to jail. But, Texas courts are more likely, at the first violation, to simply admonish the offender and tell them to behave better in the future. The Court also has many interim sanctions, including fines.

Jesus H Christ

 

[bagged02]

yeppers. Not I get it. Thats why they suggested my gmother get both.. Protective and R.o. This is why I love this site. Did I know the difference at first, NO. With somewhat COrdial conversation I now know the difference and will now know what to ask for in life if this ever comes up and not some POS R.O. Who wants one of them. You have to go back to court to do anything. I read these normally are used in DIVORCE cases primarily.

 

[bagged02]

Jesus H Christ

Who is H. Scared to say Jesus F'n Christ...lol

 

[RiverCity.45]

What we have here is a failure to communicate... (for you Cool Hand Luke fans).

Protective orders and restraining orders are very different animals, and I think some folks are mistaking one for the other.

 

[itchin]

What we have here is a failure to communicate... (for you Cool Hand Luke fans).

Protective orders and restraining orders are very different animals, and I think some folks are mistaking one for the other.

I sure was. I didn't know the difference until this thread.

 

[gohomethomas]

my license was suspended for getting to many speeding tickets. I have only had one misdemeanor drug charge nine years ago.

 

[txinvestigator]

my license was suspended for getting to many speeding tickets. I have only had one misdemeanor drug charge nine years ago.

A suspended license will not prohobit you from being able to transfer a firearm. Neither will a Texas misdemeanor.

You can appeal the denial. Unless there is something else

 

[Bithabus]

my license was suspended for getting to many speeding tickets. I have only had one misdemeanor drug charge nine years ago.

Get a CHL

 

[TXARGUY]

Get a CHL

Best advice in this entire thread.

 

[bagged02]

You can get a chl with a class A misdemeanor just has to be 5 years ago or more. I was in that position

 

[gohomethomas]

my license was suspended for getting too many speeding tickets. i only have one misdemenor drug charge,about 9 years ago. I purchased a shotgun no problem, so i was shocked when i was denied for the pistol.