Texas Family Code - Section 88.004. Nonjudicial Enforcement Of Order
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§ 88.004. NONJUDICIAL ENFORCEMENT OF ORDER. (a) A law
enforcement officer of this state, on determining that there is
probable cause to believe that a valid foreign protective order
exists and that the order has been violated, shall enforce the
foreign protective order as if it were an order of a tribunal of
this state. A law enforcement officer has probable cause to believe
that a foreign protective order exists if the protected individual
presents a foreign protective order that identifies both the
protected individual and the respondent and on its face, is
currently in effect.
(b) For the purposes of this section, a foreign protective
order may be inscribed on a tangible medium or may be stored in an
electronic or other medium if it is retrievable in a perceivable
form. Presentation of a certified copy of a protective order is not
required for enforcement.
(c) If a protected individual does not present a foreign
protective order, a law enforcement officer may determine that
there is probable cause to believe that a valid foreign protective
order exists by relying on any relevant information.
(d) A law enforcement officer of this state who determines
that an otherwise valid foreign protective order cannot be enforced
because the respondent has not been notified or served with the
order shall inform the respondent of the order and make a reasonable
effort to serve the order on the respondent. After informing the
respondent and attempting to serve the order, the officer shall
allow the respondent a reasonable opportunity to comply with the
order before enforcing the order.
(e) The registration or filing of an order in this state is
not required for the enforcement of a valid foreign protective
order under this chapter.
Added by Acts 2001, 77th Leg., ch. 48, § 2, eff. Sept. 1, 2001.
Section: 87.001 87.002 87.003 87.004 88.001 88.002 88.003 88.004 88.005 88.006 88.007 88.008 91.001 91.002 91.003
Last modified: August 11, 2007
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