Will the Police be aware of the Protective Order?
The downside of going thru a divorce in Texas is that occasionally, one of the parties will seek and get a judge to issue a protective order against the other party. A protective order will be registered with law enforcement agencies once it is rendered by the Court.
The Texas Family Code section 86.001 provides as follows:
(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.
Is it just local Police that are notified?
Unfortunately for the party against whom a protective order is issued, the protective order will be reported to all state law enforcement agencies.
(a) 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 third business 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.
(b) In this section, “business day” means a day other than a Saturday, Sunday, or state or national holiday.
Am I able to purchase a firearm?
Purchasing or possessing a firearm is a serious offense when a party is under a protective order issued by the Court. It is imperative that the party consult with his divorce attorney or criminal attorney regarding these issues. The Texas Family Code provides guidance on the issues of owning or purchasing a firearm.
(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.
Will the Protective Order inform law enforcement of restrictions?
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.
If the Protected party able to call the Police for assistance?
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.
As a divorce attorney, we will always advise a person to seek professional legal representation in the event a protective order is sought against the person. Serious repercussions may arise if a party violates a protective order.