TCOLE Family Violence and Protective Orders

Question 1

Under the Texas Family Code, which of the following relationships can qualify an assault as 'family violence'?

Accepted Answer

Members of a family or household, including current or former dating relationships

Answer

The Family Code definition of family violence covers family members, household members, and people in a current or past dating relationship. It is not limited to marriage, blood relation, or a shared residence.

Question 2

An officer investigating an assault finds probable cause that it was family violence, but the offense did not happen in the officer's presence. What is the officer's arrest authority?

Accepted Answer

The officer may make a warrantless arrest for an offense involving family violence

Answer

Code of Criminal Procedure art. 14.03 lets officers make a warrantless arrest when there is probable cause that a person committed an offense involving family violence. The victim does not have to press charges.

Question 3

Assault involving family violence is generally a Class A misdemeanor. Which fact elevates it to a third-degree felony?

Accepted Answer

The offender impeded the victim's normal breathing or blood circulation (strangulation)

Answer

Penal Code 22.01(b)(2) makes assault family violence a third-degree felony if the offender intentionally, knowingly, or recklessly impedes normal breathing or circulation by applying pressure to the throat or neck or by blocking the nose or mouth. A prior qualifying conviction has the same effect.

Question 4

Which Texas Penal Code offense applies when a person knowingly violates the terms of a protective order by going near the protected person's residence?

Accepted Answer

Violation of protective order (Penal Code 25.07)

Answer

Penal Code 25.07 makes it an offense to knowingly or intentionally violate certain terms of a protective order, including going near a protected person's residence, place of employment, or school when the order prohibits it.

Question 5

When an officer responds to a family violence call, which of the following is required, whether or not an arrest is made?

Accepted Answer

Provide the victim with written notice of legal rights and remedies and available services

Answer

Code of Criminal Procedure art. 5.04 requires the officer to give the victim written notice of legal options and available shelter and protective services. The officer must also make a written report of the incident.

TCOLE - Texas Commission on Law Enforcement Practice Test

TCOLE - Texas Commission on Law Enforcement Practice Test

TCOLE Family Violence and Protective Orders