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Questions and Answers

What must a person file to exclude someone from their residence under a temporary ex parte order?

A statement from a witness

A verbal request

A police report

A sworn affidavit detailing facts (correct)

The court may not set a date later than ___ day after the date the application is filed.

14th

In counties with a population greater than what number can the hearing be set later?

two million

The date for a rescheduled hearing shall be not later than ___ days after the date the request is made.

14 Signup and view all the answers

If a respondent receives service of notice within ___ hours before the time set for the hearing, the court shall reschedule the hearing.

48 Signup and view all the answers

What is the maximum age for a child's statement to be admissible in a hearing regarding family violence?

12 Signup and view all the answers

What must a person file with the court before the ____ day after the date the order was rendered regarding counseling?

60th Signup and view all the answers

What is the effective period of a protective order if not stated?

Until the second anniversary of the date the order was issued. Signup and view all the answers

A person protected by an order can give permission for others to ignore or violate provisions of the order.

False Signup and view all the answers

What is required of a law enforcement agency upon receipt of a protective order?

Enter the information into the statewide law enforcement information system within 10 days. Signup and view all the answers

What is a protective order?

An order to prevent violent acts against another individual Signup and view all the answers

What means a protective order issued by a tribunal of another state?

Foreign protective order Signup and view all the answers

What means the state in which a tribunal issues a protective order?

Issuing state Signup and view all the answers

What means the individual protected by a protective order?

Protected individual Signup and view all the answers

What does 'Neglect' include?

Failing to present medical care for a child Signup and view all the answers

Who is considered a 'person responsible for a child's care, custody, or welfare'?

A parent, guardian, managing conservator, foster parent, family member, or school personnel. Signup and view all the answers

What does 'Report' mean in this context?

A report that alleged or suspected abuse or neglect of a child has occurred or may occur. Signup and view all the answers

What does 'Board' refer to?

The Board of Protective and Regulatory Services. Signup and view all the answers

What defines a child 'born addicted to alcohol or a controlled substance'?

A child showing withdrawal symptoms after birth Signup and view all the answers

What does 'Severe emotional disturbance' mean?

A mental, behavioral, or emotional disorder that causes functional impairment. Signup and view all the answers

The department shall establish and maintain in ______ a central registry of reported cases of child abuse or neglect.

Austin Signup and view all the answers

Professionals must report suspected child abuse or neglect not later than the ___th hour after suspicion arises.

48 Signup and view all the answers

What is the offense classification for making a false report under this section?

State jail felony Signup and view all the answers

Engaging in conduct described by Subsection (a) can lead to a civil penalty of $_____.

1000 Signup and view all the answers

What is a 'Claim' in this context?

An action or claim requesting recovery of damages. Signup and view all the answers

What does 'Defendant' mean?

A party against whom a claim is made. Signup and view all the answers

Compensatory damages for future losses in a suit against a governmental entity cannot exceed $_____.

250000 Signup and view all the answers

What is a 'Psychotropic drug'?

A substance intended to alter perception, emotion, or behavior. Signup and view all the answers

The department must respond to a report of abuse or neglect within ____ hours for assigned highest priority cases.

24 Signup and view all the answers

What constitutes interference with an investigation?

Relocating without notifying the department Signup and view all the answers

What does 'Voluntary caregiver' mean?

A person who voluntarily agrees to provide temporary care for a child under specific circumstances. Signup and view all the answers

A parent or other person who has the duty of control and reasonable discipline of a child is liable for the willful and malicious conduct of a child who is at least years of age but is under years of age.

10, 18 Signup and view all the answers

A parent or other person who has the duty of control and reasonable discipline of a child is liable for any property damage proximately caused by what two things?

Negligent conduct of a child that is reasonably attributable to negligent failure of the parent/guardian to exercise that duty; the willful and malicious conduct of a child who is at least 10 years of age but is under 18 years of age. Signup and view all the answers

Recovery for damage caused by willful and malicious conduct is limited to actual damages, not to exceed $_____ per occurrence, plus court costs and reasonable attorney's fees.

25,000 Signup and view all the answers

Recovery for damage caused by willful and malicious conduct is limited to actual damages, not to exceed $25,000 per occurrence, plus court costs and reasonable attorney's fees, in an Inn or Hotel, for ___ incident on a single day in one hotel room.

one Signup and view all the answers

What is defined as a person that is ten years of age or older and under seventeen years of age or seventeen years of age or older and under 18 years of age who is alleged or found to have engaged in delinquent conduct or conduct indicating a need for supervision?

Child Signup and view all the answers

What is defined as the adult with whom a child resides?

Custodian Signup and view all the answers

What means the mother or father of a child, but does not include a parent whose parental rights have been terminated?

Parent Signup and view all the answers

What is defined as a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature?

Dating Relationship Signup and view all the answers

What three factors should be considered to determine the existence of a dating relationship?

Length of the relationship; nature of the relationship; frequency and type of interaction between the persons involved in the relationship. Signup and view all the answers

With regard to family violence, an _____ member of the family or household may file an application for a protective order.

adult Signup and view all the answers

An application may be filed for the protection of any person alleged to be a victim of family violence by what two sources?

Prosecuting attorney; Department of Protective and Regulatory Services. Signup and view all the answers

In a temporary ___ order, the court may direct a respondent to do or refrain from doing specified acts.

ex parte Signup and view all the answers

A temporary ex parte order is valid for the period specified in the order, not to exceed __ days.

20 Signup and view all the answers

On the request of the applicant or on the court's own motion, a temporary ex parte order may be extended for additional ___ periods.

20-day Signup and view all the answers

Before the court may render a temporary ex parte order excluding a person from the person's residence, what three criteria must be met?

The applicant requesting the excluding order either resides on the premises or has resided there within 30 days before the application was filed; the person to be excluded has committed family violence against a member of the household within 30 days; there is a clear and present danger that the person to be excluded is likely to commit family violence. Signup and view all the answers

The duration of a protective order is _ years.

2 Signup and view all the answers

What should law enforcement do at the request of an applicant obtaining a temporary ex parte protective order?

Accompany the applicant to the residence covered by the order; inform the respondent that the court has ordered exclusion; protect the applicant while taking possession of the residence; protect the applicant if the respondent refuses to vacate while taking possession of personal property. Signup and view all the answers

If the respondent refuses to vacate the residence, what two things should law enforcement do?

Remove the respondent from the residence; arrest the respondent for violating the court order. Signup and view all the answers

A person having cause to believe that a child's physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall ________ make a report.

immediately Signup and view all the answers

The requirement to report abuse applies without _______ to individuals whose personal communications may otherwise be privileged.

exception Signup and view all the answers

A person acting in _ who reports or assists in the investigation of child abuse is immune from civil or criminal liability.

good faith Signup and view all the answers

Not later than the ___ day after the date the department receives a request for information about a child fatality, the department shall release certain information.

5th Signup and view all the answers

What information should be released upon request with respect to a child fatality investigation?

The age and sex of the child; the date of death; whether the state was the managing conservator of the child at the time of death; whether the child resided with the child's parent or guardian at the time of death. Signup and view all the answers

What two conditions must be satisfied for a district court to render a temporary restraining order prohibiting a person from removing a child from the state?

Finds that the department or designated agency has probable cause to conduct the investigation; has reason to believe that the person may remove the child from the state. Signup and view all the answers

What four conditions must be satisfied for a court to issue a temporary restraining order in a suit by the department for the removal of an alleged perpetrator?

There is an immediate danger to the child's physical health or safety; there is no time for an adversary hearing; the child is not in danger of abuse from a parent; the issuance of the order is in the best interest of the child. Signup and view all the answers

Before a court may issue a temporary restraining order without prior notice and hearing, what three findings must be made?

There is an immediate danger to the child's physical health or safety; there is no time for a full adversary hearing; reasonable efforts were made to prevent removal of the child. Signup and view all the answers

A temporary restraining order expires not later than __ days after it is issued.

14 Signup and view all the answers

What means the person who, under court order, is the guardian of the person of the child?

Guardian Signup and view all the answers

What means the state, a child who is the subject of proceedings, or the child's parent, spouse, guardian, or guardian ad litem?

Party Signup and view all the answers

What means the county attorney, district attorney, or other attorney who regularly serves in a prosecutory capacity in a juvenile court?

Prosecuting attorney Signup and view all the answers

What means a person who was the spouse of a deceased victim at the time of death or who is a parent or adult sibling or child of the deceased victim?

Close relative of a deceased victim Signup and view all the answers

What means records in the possession of an educational institution containing information relating to a student?

Educational records Signup and view all the answers

What means a person who is registered or in attendance at a primary or secondary educational institution and is younger than 18 years of age?

Student Signup and view all the answers

What means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature?

Dating relationship Signup and view all the answers

What includes individuals related by consanguinity or affinity, former spouses, or individuals parenting the same child?

Family Signup and view all the answers

What means an act by a member of a family or household against another member intended to result in physical harm or a threat of harm?

Family violence Signup and view all the answers

What means a unit composed of persons living together in the same dwelling, without regard to whether they are related?

Household Signup and view all the answers

What includes a person who previously lived in a household?

Member of a household Signup and view all the answers

What means the attorney representing the state in a district or statutory county court?

Prosecuting attorney Signup and view all the answers

With regard to family violence under Section 71.004(3), who may file an application for a protective order?

An adult member of the dating relationship or an adult member of the marriage. Signup and view all the answers

With regard to family violence under Section 71.004(3), an application for a protective order to protect the applicant ____ be filed by a member of the dating relationship.

may Signup and view all the answers

Any adult may apply for a protective order to protect a child from family violence.

True Signup and view all the answers

In addition, an application may be filed for the protection of any person alleged to be a victim of family violence by what two sources?

A prosecuting attorney; the Department of Family and Protective Services. Signup and view all the answers

An application may be filed in what three places?

The county in which the applicant resides; the county in which the respondent resides; any county in which the family violence is alleged to have occurred. Signup and view all the answers

Five things that an application must state include:

The name and county of residence of each applicant; the name and county of residence of each individual alleged to have committed family violence; the relationships between the applicants and the individual alleged to have committed family violence; a request for one or more protective orders; whether an applicant is receiving services from the Title IV-D agency in connection with a child support case. Signup and view all the answers

If an applicant for a protective order is a former spouse of the individual alleged to have committed family violence, what must the application include?

A copy of the decree dissolving the marriage; or a statement that the decree is unavailable. Signup and view all the answers

If an application for a protective order alleges that an unexpired protective order applicable to the respondent is due to expire not later than the ____ day after the date the application was filed, what must be included?

30th; a copy of the previously rendered protective order attached to the application. Signup and view all the answers

A notice of an application for a protective order must include:

The state of Texas; be signed by the clerk of the court under the court's seal; contain the name and location of the court; show the date the application was filed; show the date the notice was issued; show the date, time, and place of the hearing; show the file number; show the names of each applicant and each person alleged to have committed family violence; be directed to each person alleged to have committed family violence; show the name and address of the attorney for the applicant; contain the address of the clerk of the court. Signup and view all the answers

What must the notice of an application for a protective order state?

An application for a protective order has been filed in the court stated in this notice alleging that you have committed family violence. Signup and view all the answers

If you receive this notice within ___ hours before the time set for the hearing, what may you request?

48; the court to reschedule the hearing not later than 14 days after the date set for the hearing. Signup and view all the answers

A temporary ex parte order is valid for the period specified in the order, not to exceed days. It may be extended for additional day periods.

20; 20 Signup and view all the answers

Study Notes

Texas Family Code Overview

Parental liability exists for willful and malicious conduct of a child aged 10-17 years.
Liability also covers negligent conduct of a child linked to a parent's failure to exercise control.

Recovery Limits

Damages for willful and malicious conduct capped at $25,000 per occurrence, in addition to court costs and attorneys' fees.
Special limitation of one incident per day applies in hotels or inns for damages.

Definitions of Key Terms

Child: A person aged 10-17 who is involved in delinquent conduct or supervision needs.
Custodian: An adult with whom a child resides.
Parent: A biological mother or father, excluding terminated parental rights.
Dating Relationship: A romantic or intimate relationship characterized by a pattern of interaction.

Evaluating Relationships

Analysis for dating relationships includes duration, nature, and frequency of interactions.
Intended protection under the law applies to adult members of families or households.

Protective Orders

Applications for protective orders can be filed by adult family members or members of a dating relationship.
Authorities like prosecuting attorneys or Protective Services can also file for protection.

Temporary Ex Parte Orders

Courts may issue a temporary ex parte order to restrict actions of a respondent, valid for up to 20 days maximum.
Extensions for temporary ex parte orders can occur for additional 20-day periods based on requests.

Criteria for Exclusion from Residence

An ex parte order may exclude a person based on specific criteria like recent family violence and imminent danger.
Police or law enforcement provided by the court can assist with implementing protective orders.

Reporting Requirements

Individuals suspecting child abuse or neglect must report immediately, with exceptions for privileged communications.
Good faith reporters of child abuse or neglect are protected from civil or criminal liability.

Child Fatality Investigation

Information regarding child fatality must be released 5 days after a request.
Required information includes age, sex, date of death, and custody status.

Court Procedures for Child Protection

Courts can issue temporary restraining orders if there's immediate danger to a child’s welfare.
A child's removal from home requires specific findings about danger and efforts made to ensure safety.

Expiration of Orders

Temporary restraining orders expire 14 days after issuance unless extended.
A protective order application after a divorce must include a copy of the divorce decree or a statement of its unavailability.

Application Procedure

Applications for protective orders must follow strict content guidelines detailing relationships and requests for orders.
Communication about the application and hearing must be well-documented and available to responding parties.

Important Dates

Applications should be filed timely, with hearings set no later than 14 days post-filing unless otherwise requested.### Court Hearing and Consolidation
A hearing on an application cannot be postponed for the purpose of combining it with a later hearing on another application.

Extended Time for Hearing

In counties with a population exceeding two million or judicial districts with multiple counties, the district court must set a hearing within 14 days after the application is filed or within 20 days after a rescheduling request.

Rescheduling of Hearings

If a hearing is missed due to a respondent not receiving service, the applicant can request rescheduling within 14 days.
If a respondent receives notice of an application only 48 hours before a hearing, the court must reschedule it within 14 days upon request.

Child Victim Evidence

A child aged 12 or younger can provide hearsay statements about family violence, which are admissible in protective order hearings.

Confidential Information

Protective orders can exclude the addresses and telephone numbers of the protected individuals or their family members upon request.

Counseling Requirements

Individuals ordered to attend counseling for family violence must file an affidavit within 60 days confirming enrollment or availability challenges.

Completion of Counseling

Proof of counseling completion must be filed before the expiration of the protective order, no later than 30 days prior to the order’s expiration.

Duration of Protective Orders

Protective orders are effective for up to two years unless otherwise specified. If no period is indicated, the order lasts until the second anniversary of issuance.

Grounds for Extended Protective Orders

Protective orders can exceed two years if serious bodily injury or multiple previous protective orders exist against the respondent, indicating likelihood of future violence.

Warning Statements on Protective Orders

Protective orders must prominently display warnings about penalties for violations, including fines and imprisonment, and restrictions on firearm possession.

Delivery of Protective Orders

Protective orders must be delivered via prescribed methods including court service or as a writ of injunction, ensuring the respondent receives the order.

Time Frame for Copy Delivery

A certified copy of the protective order must be provided to the applicant by the end of the third business day after the hearing if not present.

Notification to Other Authorities

The court must notify relevant authorities, such as local law enforcement and the Title IV-D agency when applicable, about the issuance of protective orders.

Reporting to Law Enforcement Databases

Law enforcement agencies are required to enter information about protective orders into a statewide system within 10 days of receipt.

Law Enforcement Assistance

Courts may order law enforcement assistance to accompany applicants in retrieving personal property or enforcing exclusion orders against respondents.