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Texas Code of Criminal Procedure - Article 5.04. Duties Of Peace Officers

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 5.04. Duties Of Peace Officers

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.

Last modified: August 10, 2007