Family Code · §85.042

Delivery of Protective Order to Law Enforcement

Delivery of Protective Order to Law Enforcement (§85.042): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • Clerk sends the order to the local law enforcement agencies by the next business day (§85.042)
  • The agency enters it into the DPS statewide law enforcement information system by the next business day (§86.0011)
  • Provides field access to officers

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Worked examples

Worked example 1

Under Tex. Fam. Code §85.042, after a court issues an original or modified protective order, the clerk must:

  1. Do nothing
  2. By the next business day, send a copy to the chief of police where the protected person lives (or the constable and sheriff if the person lives outside a municipality); the agency then enters it into the DPS statewide system by the next business day (§86.0011) Correct
  3. Only file in the court record
  4. Only mail to attorneys
Why: §85.042(a): not later than the next business day after the court issues an original or modified protective order, the clerk shall send a copy to the chief of police of the municipality where the protected person resides, or to the constable and sheriff if the person does not reside in a municipality (and to the Title IV-D agency where applicable). §86.0011(a): on receipt, the law enforcement agency shall immediately, but not later than the next business day, enter the order into the DPS statewide law enforcement information system, giving officers access in the field.
Statute: Tex. Fam. Code §85.042(a); §86.0011(a)