Family Code · §85.041

Protective Orders

Protective Orders is covered under §85.041 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Personal service of copy on respondent; Required before criminal enforcement against respondent; Verify service via TLETS / NCIC; Statutory exceptions exist (e.g., respondent present in court when order issued).

Elements you must prove

  • Personal service of copy on respondent
  • Required before criminal enforcement against respondent
  • Verify service via TLETS / NCIC
  • Statutory exceptions exist (e.g., respondent present in court when order issued)

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Worked examples

Worked example 1

Service of a Family Code protective order on the respondent must occur:

  1. Verbally only
  2. By personal service of a copy of the order on the respondent before it can be enforced against the respondent (with limited statutory exceptions) Correct
  3. Only by mail
  4. Only by family court bailiff
Why: Generally, personal service is required. Officers can verify service in TLETS / NCIC entries and the court's docket. An unserved order may be enforced as a civil matter only against the parties on notice.
Statute: Tex. Fam. Code §85.041; §85.042