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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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Section glossary
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.
Question categories
- CPS Reporting — 9 questions
- Custody Interference — 4 questions
- Family Violence Definitions — 4 questions
- Juvenile Justice — 6 questions
- Marriage & Divorce — 3 questions
- Offenses Against the Family — 3 questions
- Protective Orders — 17 questions
- Service of Process — 3 questions
- Truancy — 1 question
Topics in this section
- Assault (22.01) — 1 question
- Bigamy (25.01) — 1 question
- Conduct Prohibited Under Protective Order (85.022) — 3 questions
- Sale or Purchase of Child (§25.08) — 1 question
- Where Child Abuse Reports Are Made (§261.103) — 1 question
- Failure to Report Child Abuse or Neglect (§261.109) — 1 question
- Conduct of a DFPS Investigation (§261.302) — 1 question
- Emergency Removal of a Child Without a Court Order (§262.104) — 2 questions
- Criminal Trespass (30.05) — 1 question
- Standard Possession Order Presumption (§153.252) — 1 question
- Temporary Restraining Orders in Divorce Cases (§6.501) — 1 question
- Dating Violence Definition (71.0021) — 1 question
- Enticing A Child (25.04) — 1 question
- Family Violence Definition (71.004) — 1 question
- Who May Apply for a Chapter 7B Protective Order (Art. 7B.001) — 1 question
- Required Findings for a Protective Order (§85.001) — 1 question
- Immunity From Liability Reporters (261.106) — 1 question
- Informal Common Law Marriage (2.401) — 1 question
- Interference With Child Custody (25.03) — 2 questions
- Juvenile Justice Definitions (§51.02) — 1 question
- Delinquent Conduct and Conduct Indicating a Need for Supervision (§51.03) — 1 question
- Admissibility of a Child's Statement (§51.095) — 1 question
- Release or Delivery of a Child to Court (§52.02) — 1 question
- Offenses Eligible for Determinate Sentence (§53.045) — 1 question
- Waiver of Juvenile Jurisdiction and Transfer to Criminal Court (§54.02) — 1 question
- Magistrate S Order For Emergency Protection Moep (17.291) — 1 question
- Mandatory Cps Reporting (261.101) — 3 questions
- Residency Requirement for Divorce (§6.301) — 1 question
- Member Of Household Definition (71.005) — 1 question
- Who May Apply for a Family Code Protective Order (§82.001) — 1 question
- Temporary Ex Parte Protective Order (§83.001) — 1 question
- Default Protective Order (§85.006) — 1 question
- Protective Order Requirements Applying to Any Party (§85.021) — 1 question
- Duration of Protective Order (§85.025) — 1 question
- Delivery of Protective Order to Respondent (§85.041) — 1 question
- Delivery of Protective Order to Law Enforcement (§85.042) — 1 question
- Protective Orders for Sexual Assault, Stalking, and Trafficking Victims (ch. 7B) — 1 question
- Truancy Court Proceedings (§65) — 1 question
- Violation Of A Protective Order (25.07) — 3 questions
Sample questions
Under Tex. Fam. Code §71.004, 'family violence' includes:
- Only physical assault between married couples
- 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)
- Only acts that result in arrest
- 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?
- Class A misdemeanor
- State jail felony (default); felony enhancement for taking child out of state or country (correct)
- Class C misdemeanor
- 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
Determinate sentencing under Tex. Fam. Code §53.045 applies in juvenile proceedings to:
- All juvenile offenses
- Specific enumerated felonies (e.g., capital murder, murder, aggravated kidnapping, aggravated sexual assault, aggravated robbery, certain controlled substance offenses) — allowing potential transfer to TDCJ on adulthood (correct)
- Only Class A misdemeanors
- Only repeat offenders
Why: Determinate sentence procedure applies to the offenses listed in §53.045(a) (e.g., murder, capital murder, manslaughter, aggravated kidnapping, sexual and aggravated sexual assault, aggravated assault, aggravated robbery, and first-degree or aggravated controlled substance felonies under HSC ch. 481, subch. D) and to habitual felony conduct. The petition is referred to a grand jury; a child committed under a determinate sentence may later be transferred to the Texas Department of Criminal Justice after a release or transfer hearing (§54.11).
Tex. Fam. Code §53.045