2005 Texas Code of Criminal Procedure CHAPTER 5. FAMILY VIOLENCE PREVENTION

CODE OF CRIMINAL PROCEDURE

CHAPTER 5. FAMILY VIOLENCE PREVENTION


	Art. 5.01. LEGISLATIVE STATEMENT.  (a) Family violence is a 
serious danger and threat to society and its members.  Victims of 
family violence are entitled to the maximum protection from harm or 
abuse or the threat of harm or abuse as is permitted by law.
	(b)  In any law enforcement, prosecutorial, or judicial 
response to allegations of family violence, the responding law 
enforcement or judicial officers shall protect the victim, without 
regard to the relationship between the alleged offender and victim.

Added by Acts 1985, 69th Leg., ch. 583, Sec. 1, eff. Sept. 1, 1985.           


	Art. 5.02.  DEFINITIONS.  In this chapter, "family 
violence," "family," "household," and "member of a household" have 
the meanings assigned by Chapter 71, Family Code.

Added by Acts 1985, 69th Leg., ch. 583, Sec. 1, eff. Sept. 1, 1985.  
Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(c), eff. Sept. 
1, 2003.


	Art. 5.03. FAMILY OR HOUSEHOLD RELATIONSHIP DOES NOT CREATE 
AN EXCEPTION TO OFFICIAL DUTIES.  A general duty prescribed for an 
officer by Chapter 2 of this code is not waived or excepted in any 
family violence case or investigation because of a family or 
household relationship between an alleged violator and the victim 
of family violence.  A peace officer's or a magistrate's duty to 
prevent the commission of criminal offenses, including acts of 
family violence, is not waived or excepted because of a family or 
household relationship between the potential violator and victim.

Added by Acts 1985, 69th Leg., ch. 583, Sec. 1, eff. Sept. 1, 1985.           


	Art. 5.04. DUTIES OF PEACE OFFICERS.  (a) The primary duties 
of a peace officer who investigates a family violence allegation or 
who responds to a disturbance call that may involve family violence 
are to protect any potential victim of family violence, enforce the 
law of this state, enforce a protective order from another 
jurisdiction as provided by Chapter 88, Family Code, and make 
lawful arrests of violators.
	(b)  A peace officer who investigates a family violence 
allegation or who responds to a disturbance call that may involve 
family violence shall advise any possible adult victim of all 
reasonable means to prevent further family violence, including 
giving written notice of a victim's legal rights and remedies and of 
the availability of shelter or other community services for family 
violence victims.
	(c)  A written notice required by Subsection (b) of this 
article is sufficient if it is in substantially the following form 
with the required information in English and in Spanish inserted in 
the notice:
	"It is a crime for any person to cause you any physical injury 
or harm EVEN IF THAT PERSON IS A MEMBER OR FORMER MEMBER OF YOUR 
FAMILY OR HOUSEHOLD.

"NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE
	"Please tell the investigating peace officer:                                  
	"IF you, your child, or any other household resident has been 
injured;  or   
	"IF you feel you are going to be in danger when the officer 
leaves or later. 
	"You have the right to:                                                        
	"ASK the local prosecutor to file a criminal complaint 
against the person committing family violence;  and
	"APPLY to a court for an order to protect you (you should 
consult a legal aid office, a prosecuting attorney, or a private 
attorney). If a family or household member assaults you and is 
arrested, you may request that a magistrate's order for emergency 
protection be issued.  Please inform the investigating officer if 
you want an order for emergency protection.  You need not be present 
when the order is issued.  You cannot be charged a fee by a court in 
connection with filing, serving, or entering a protective order.  
For example, the court can enter an order that:
	"(1) the abuser not commit further acts of violence;                           
	"(2) the abuser not threaten, harass, or contact you at home;                  
	"(3) directs the abuser to leave your household;  and                          
	"(4) establishes temporary custody of the children and 
directs the abuser not to interfere with the children or any 
property.
	"A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED 
PROTECTION (such as (1) and (2) above) MAY BE A FELONY.
	"CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL 
ORGANIZATIONS IF YOU NEED PROTECTION:
	"____________________________                                                  
	"____________________________."                                                

Added by Acts 1985, 69th Leg., ch. 583, Sec. 1, eff. Sept. 1, 1985.  
Amended by Acts 1991, 72nd Leg., ch. 366, Sec. 4, eff. Sept. 1, 
1991;  Acts 1995, 74th Leg., ch. 1024, Sec. 24, eff. Sept. 1, 1995;  
Acts 1997, 75th Leg., ch. 610, Sec. 2, eff. Sept. 1, 1997;  Acts 
1997, 75th Leg., ch. 1193, Sec. 23, eff. Sept. 1, 1997.


	Art. 5.045. STANDBY ASSISTANCE;  LIABILITY.  (a) In the 
discretion of a peace officer, the officer may stay with a victim of 
family violence to protect the victim and allow the victim to take 
the personal property of the victim or of a child in the care of the 
victim to a place of safety in an orderly manner.
	(b)  A peace officer who provides assistance under 
Subsection (a) of this article is not:
	(1)  civilly liable for an act or omission of the officer 
that arises in connection with providing the assistance or 
determining whether to provide the assistance;  or
	(2)  civilly or criminally liable for the wrongful 
appropriation of any personal property by the victim.

Added by Acts 1995, 74th Leg., ch. 565, Sec. 1, eff. June 14, 1995.           


	Art. 5.05. REPORTS AND RECORDS.  (a) A peace officer who 
investigates a family violence incident or who responds to a 
disturbance call that may involve family violence shall make a 
written report, including but not limited to:
	(1)  the names of the suspect and complainant;                                 
	(2)  the date, time, and location of the incident;                             
	(3)  any visible or reported injuries;  and                                    
	(4)  a description of the incident and a statement of its 
disposition.       
	(b)  Each local law enforcement agency shall establish a 
departmental code for identifying and retrieving family violence 
reports as outlined in Subsection (a) of this section.  A district 
or county attorney or an assistant district or county attorney 
exercising authority in the county where the law enforcement agency 
maintains records under this section is entitled to access to the 
records.
	(c)  In order to ensure that officers responding to calls are 
aware of the existence and terms of protective orders, each 
municipal police department and sheriff shall establish procedures 
within the department or office to provide adequate information or 
access to information for law enforcement officers of the names of 
persons protected by a protective order and of persons to whom 
protective orders are directed.
	(d)  Each law enforcement officer shall accept a certified 
copy of an original or modified protective order as proof of the 
validity of the order and it is presumed the order remains valid 
unless:
	(1)  the order contains a termination date that has passed;                    
	(2)  it is more than one year after the date the order was 
issued;  or       
	(3)  the law enforcement officer has been notified by the 
clerk of the court vacating the order that the order has been 
vacated.
	(e)  A peace officer who makes a report under Subsection (a) 
of this article shall provide information concerning the incident 
or disturbance to the bureau of identification and records of the 
Department of Public Safety for its recordkeeping function under 
Section 411.042, Government Code.  The bureau shall prescribe the 
form and nature of the information required to be reported to the 
bureau by this article.

Added by Acts 1985, 69th Leg., ch. 583, Sec. 1, eff. Sept. 1, 1985.  
Amended by Acts 1989, 71st Leg., ch. 614, Sec. 27, eff. Sept. 1, 
1989;  Acts 1989, 71st Leg., ch. 739, Sec. 8, eff. Sept. 1, 1989;  
Acts 1993, 73rd Leg., ch. 900, Sec. 8.01, eff. Sept. 1, 1993.


	Art. 5.06. DUTIES OF PROSECUTING ATTORNEYS AND COURTS.  (a) 
Neither a prosecuting attorney nor a court may:
	(1)  dismiss or delay any criminal proceeding that involves a 
prosecution for an offense that constitutes family violence because 
a civil proceeding is pending or not pending;  or
	(2)  require proof that a complaining witness, victim, or 
defendant is a party to a suit for the dissolution of a marriage or a 
suit affecting the parent-child relationship before presenting a 
criminal allegation to a grand jury, filing an information, or 
otherwise proceeding with the prosecution of a criminal case.
	(b)  A prosecuting attorney's decision to file an 
application for a protective order under Chapter 71, Family Code, 
should be made without regard to whether a criminal complaint has 
been filed by the applicant.  A prosecuting attorney may require the 
applicant to provide information for an offense report, relating to 
the facts alleged in the application, with a local law enforcement 
agency.
	(c)  The prosecuting attorney having responsibility under 
Section 71.04(c), Family Code, for filing applications for 
protective orders under Chapter 71, Family Code, shall provide 
notice of that responsibility to all law enforcement agencies 
within the jurisdiction of the prosecuting attorney for the 
prosecuting attorney.

Added by Acts 1985, 69th Leg., ch. 583, Sec. 1, eff. Sept. 1, 1985.  
Amended by Acts 1989, 71st Leg., ch. 614, Sec. 28, eff. Sept. 1, 
1989;  Acts 1989, 71st Leg., ch. 739, Sec. 9, eff. Sept. 1, 1989;  
Acts 1995, 74th Leg., ch. 564, Sec. 2, eff. Sept. 1, 1995;  Acts 
1995, 74th Leg., ch. 1024, Sec. 25, eff. Sept. 1, 1995.


	Art. 5.07. VENUE FOR PROTECTIVE ORDER OFFENSES.  The venue 
for an offense under Section 25.07, Penal Code, is in the county in 
which the order was issued or, without regard to the identity or 
location of the court that issued the protective order, in the 
county in which the offense was committed.

Added by Acts 1989, 71st Leg., ch. 614, Sec. 29, eff. Sept. 1, 1989;  
Acts 1989, 71st Leg., ch. 739, Sec. 10, eff. Sept. 1, 1989.  Amended 
by Acts 1995, 74th Leg., ch. 76, Sec. 14.16, eff. Sept. 1, 1995.


	Art. 5.08. MEDIATION IN FAMILY VIOLENCE 
CASES.  Notwithstanding Article 26.13(g) or Section 11(a)(16), 
Article 42.12, of this code, in a criminal prosecution arising from 
family violence, as that term is defined by Section 71.004, Family 
Code, a court shall not refer or order the victim or the defendant 
involved to mediation, dispute resolution, arbitration, or other 
similar procedures.

Added by Acts 1999, 76th Leg., ch. 389, Sec. 1, eff. Aug. 30, 1999.