DATING VIOLENCE
Dating Violence
an act, other than a defensive measure to protect oneself, by an actor
includes individuals related by consanguinity or affinity, as determined under Sections 573.022 and 573.024, Government Code, individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together
"Family"
A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a "dating relationship"
True or False
True
Who may file an application for a protective order without regard to the relationship between the applicant and the alleged offender?
(1) a person who is the victim of an Assault or Sexual offense;
(2) a person who is the victim of an offense of kidnaping
(3) a parent or guardian acting on behalf of a person younger than 17 years of age who is the victim of an offense
(4) a parent or guardian acting on behalf of a person younger than 18 years of age who is the victim of an offense
(5) a prosecuting attorney acting on behalf of a person
"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER."
"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION."
WARNING ON PROTECTIVE ORDER.
Who is dating violence committed against?
(1) is committed against a victim or applicant for a protective order with whom the actor has or has had a dating relationship; or because of the victim's or applicant's marriage to or dating relationship with an individual with whom the actor is or has been in a dating relationship or marriage
means:
(1) an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;
"Family violence"
Never gonna give you up
Never gonna let you down
Never gonna run around and desert you
Never gonna make you cry
Never gonna say goodbye
Never gonna tell a lie and hurt you
You have just been Rick Rolled!!!!!!!!
Mu-hahahhahaha
Where can an application for a protective order be filed in:
(1) a district court, juvenile court having the jurisdiction of a district court, statutory county court, or constitutional county court in:
(A) the county in which the applicant resides;
(B) the county in which the alleged offender resides; or
(C) any county in which an element of the alleged offense occurred; or
(2) any court with jurisdiction over a protective order under Title 4, Family Code, involving the same parties named in the application.
"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE OFFENSE IN ADDITION TO A VIOLATION OF THIS ORDER."
Each protective order issued under this subchapter, except for a temporary ex parte order, must contain this
(2) is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the victim or applicant in fear of imminent physical harm, bodily injury, assault, or sexual assault.
a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.
"Household"
If the court finds that there is a clear and present danger of sexual assault or abuse, stalking, trafficking, or other harm to the applicant, the court, without further notice to the alleged offender and without a hearing, may issue this order for the protection of the applicant or any other member of the applicant's family or household.
TEMPORARY EX PARTE ORDER.
A protective order issued under Article 7B.003 may be effective for the duration of the lives of the offender and victim or for any shorter period stated in the order. If a period is not stated in the order, the order is effective until the second anniversary of the date the order was issued.
DURATION OF PROTECTIVE ORDER
means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature.
"dating relationship"
includes a person who previously lived in a household.
"Member of a household"
What is a statement that is made by a child younger than 14 years of age who is the victim of an offense under Section 21.02, 21.11, 22.011, or 22.021,
HEARSAY STATEMENT OF CHILD VICTIM.
Who may file at any time an application with the court to rescind the protective order?
(1) a victim of an offense listed in Article 7B.001(a)(1) who is 17 years of age or older or a parent or guardian acting on behalf of a victim who is younger than 17 years of age; or
(2) a victim of an offense listed in Article 7B.001(a)(2) or a parent or guardian acting on behalf of a victim who is younger than 18 years of age.
(c) To the extent of any conflict with Section 85.025, Family Code, this article prevails.
How is a "Dating relationship determined?
(1) the length of the relationship;
(2) the nature of the relationship; and
(3) the frequency and type of interaction between the persons involved in the relationship.
the attorney, determined as provided in this title, who represents the state in a district or statutory county court in the county in which venue of the application for a protective order is proper.
"Prosecuting attorney"
A HEARSAY STATEMENT OF CHILD VICTIM is admissible as evidence in court
True or False
True