Family Code · §85.043

Protective Orders

Protective Orders is covered under §85.043 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Clerk transmits to local LEA; LEA enters into TLETS / NCIC; Provides field access to officers.

Elements you must prove

  • Clerk transmits to local LEA
  • LEA enters into TLETS / NCIC
  • Provides field access to officers

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Worked examples

Worked example 1

Under Tex. Fam. Code §85.043, when a final protective order is rendered, the clerk MUST:

  1. Do nothing
  2. Send a copy to the chief of police of the city or to the sheriff of the county where the protected person lives, who must enter the order into TLETS / NCIC Correct
  3. Only file in the court record
  4. Only mail to attorneys
Why: Court clerks transmit final protective orders to the appropriate law enforcement agency for entry into TLETS/NCIC, ensuring officer access in the field.
Statute: Tex. Fam. Code §85.043