Family Code · §85.041
Delivery of Protective Order to Respondent
Delivery of Protective Order to Respondent (§85.041): key points and worked practice questions for Texas peace officer exam preparation.
Key points
- Order delivered to the respondent under Rule 21a, served like a writ of injunction, or served in open court at the close of the hearing (§85.041(a))
- Required before criminal enforcement against respondent
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Worked examples
Worked example 1
Service of a Family Code protective order on the respondent must occur:
- Verbally only
- 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
- Only by mail
- 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