Section 5

Family Code Exams

Protective orders, parent-child relationships, custody and visitation, mandatory CPS reporting, marriage and divorce service of process, truancy, and interference with child custody.

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What the Texas Family Code section covers

This Texas Family Code practice test draws on 50 questions across 39 topics. Every question carries the statute it comes from and an explanation of why the answer is right, so a missed question points straight at the law to review.

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Sample questions

Under Tex. Fam. Code §71.004, 'family violence' includes:

  1. Only physical assault between married couples
  2. An act by a member of a family or household against another that is intended to result in physical harm, bodily injury, assault, or sexual assault, OR a threat that reasonably places the member in fear of imminent physical harm; AND abuse against a child by a member of the family or household (correct)
  3. Only acts that result in arrest
  4. Only behavior reported to a court

Why: Family violence is defined broadly to include physical acts, threats, and abuse of a child by a family or household member.

Tex. Fam. Code §71.004

Interference with Child Custody under Tex. Penal Code §25.03 (referenced from Family Code custody disputes) is what level of offense?

  1. Class A misdemeanor
  2. State jail felony (default); felony enhancement for taking child out of state or country (correct)
  3. Class C misdemeanor
  4. Felony only with deadly weapon

Why: Knowingly taking or retaining a child younger than 18 when (a) the actor knows the taking violates the express terms of a court order disposing of custody / possession of the child, OR (b) certain other listed circumstances. State jail felony.

Tex. Penal Code §25.03

SCENARIO. Officer responds to a residence at 11 PM. The wife has a final protective order against the husband; he is not allowed within 200 yards of the residence. The husband says she texted him to come over. What should the officer do?

  1. Take no action
  2. Determine current status of order; the protected person CANNOT 'consent' to violation — only the court can modify the order; if the order is in force and the husband is within the prohibited area, his presence violates §25.07 regardless of the wife's request; arrest under §14.03 (FV) and document (correct)
  3. Tell them to call later
  4. Make him sleep on the porch

Why: A protected party cannot 'invite' a respondent into the protected area to override a court order — only the court can modify. Violation is a Class A misdemeanor (3rd degree felony with aggravators); arrest and document; let the parties seek modification through the family court.

Tex. Penal Code §25.07; Tex. Fam. Code §85.001