Family Violence

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Art. 5.01 Legislative Statement

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1. 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.
2. In any Law Enforcement, prosecutorial or judicial response to allegations of Family Violence the responding Law Enforcement or judicial officer shall protect the victim without regard to the relationship between the alleged affender and victim.

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Art. 5.03 Family or Household Relationship Does Not Creat Exception to Official Duties

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The duty of officer or magistrate is not waived or excepted due to the family or household relationship between the victim and the offender. Shall not effect the investigation or duty to prevent the commission of Family Violence acts.

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Art. 5.04 Duties of Peace Officers

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1. The primary duty of officer is to protect any potential victims, enforce the law of this state, enforce a protective order from another jurisdiction and make lawful arrest of violators.
2. Officers shall advise victims of all reasonable means to prevent further Family Violence including written notice of victims legal rights and remedies and available shelters.
3. Written notice is sufficient if English/Spanish "Notice to Adult Victims of Family Violence"

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Art. 5.045 Standy Assistance; Liability

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1. Officer may stay with victim while they take their personal property or that of a child in their care.
2. Officer who provides this assistance is not;
a. civilly liable for an act or
ommision that arises from
performing the assistance
b. civally or criminally liable
for wrongful appropriation of
property

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Art. 5.05 Report and Records

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1. An officer that investigates a Family Violence incident shall make a written report including but not limited to;
a. names of suspects and complaint
b. date, time and location
c. visible or reported injuries
d. description of incident and a
statement of its disposition
2. Each agency shall establish a department code for identifying and retrieving Family Violence reports. The D.A. is entitlled to access these.
3. Officer shall have access to names of persons with protective orders and those with orders against them.
4. Officer shall accept a certified copy of an order as proof of validity unless;
a. it contains a termination date
that has passed
b. it is more than 1 year since
issued
c. officer has been notified that
the order has been vacated
5. Officer making report shall provide information to D.P.S. for record keeping.

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Art. 5.06 Duties of Prosecuting Attorneys and Courts

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1. Neither a prosecuting attorney nor a court may;
a. dismiss or delay criminal
proceedings because a civil
proceeding is pending or not
pending
b. require proof that any party
has filed suit for dissolution
of marriage or child custody
before presenting the case to a
grand jury, filing an
information or otherwise
proceeding with prosecution
2. Attorneys decision to file for protective order should be made without regard to whether a criminal complaint is filed. Attorney may require than an offense report be made.
3. Prosecuting attorney shall provide notice to agencies that they are responsible for filing applications for protective orders.

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Art. 5.07 Venue for Protective Order Offenses

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The venue for violating a protective order is in the county in which the order was issued or without regard to the identity or location of the court that issued the order, in the county in which the offense was committed.

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Art. 5.08 Mediation in Family Violence Cases

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A court shall not refer or order the victim or the defendant involved to mediation, dispute resolution or other similiar procedures.