can anybody tell me if?
- Thread starter gohomethomas
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txinvestigator
TGT Addict
Right. So it is not the suspended license that keeps him from being able to transfer.
Sounds like a temp order. For one that's longer term and has real teeth, a judge gets involved.
Also, not all ROs disqualify possession.
txinvestigator
TGT Addict
The police do not issue restraining orders, nor can they enforce them. A restraining order has nothing to do with being prohibited to transfer a firearm under federal law. In Texas, a protective order meets the federal restriction.
txinvestigator
TGT Addict
WTF is a "no contact order"? There is no such animal in Texas. What is a trespass warrant? You referring to an arrest warrant for trespass, or a criminal trespass notice filed with a PD. NEITHER of those are restraining orders.
ok, whats the point of a restraining order?
txinvestigator
TGT Addict
A restraining order is issued by a civil court and restrains persons fron doing specific things. When a person is accused of violating a restraining order the aggrieved person files a motion with the issuing civil court. The violating person can be held in contempt if the issuing court determines the person violated a provision of the order.
Cops cannot enforce them.
Cops cannot enforce them.
RetArmySgt
Glad to be back.
Normally in situations like what you have post they will get an Administrative Discharge due to failure to Adapt and it just cancels out the contract. Then you have General under honorable conditions that is possible if they were in for longer than 6 months. A dishonorable discharge normally involves breaking an article of the UCMJ that would equate to a felony (which is completely different from felony outside of the military). One example is Adultery, you can be imprisoned for committing adultery or any sexual act other than missionary with your spouse. But normally a DD does require court marshal.
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.
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.
RetArmySgt
Glad to be back.
He can be arrested for trespass but not for violating the RO. Violating the RO is a civil offense not a criminal one.
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.
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.
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.
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.
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.
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.
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