CHAPTER 86. LAW ENFORCEMENT DUTIES RELATING TO PROTECTIVE ORDERS
FAMILY CODE
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.