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Glossary of Corporal Study Material

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A
person acts __________, or with intent, with respect to the
nature of his conduct or to a result of his conduct when it is his
conscious objective or desire to engage in the conduct or cause the
result.
Intentionally
Culpable mental states are classified according to
relative degrees, from highest to lowest, as follows:
Intentional
Knowing Reckless
Criminal Negligence
A person commits an offense only if he voluntarily
engages in conduct, including an ___, an ________, or __________.
Act
Omission
or
Possession
___________ is a voluntary act if the possessor knowingly
obtains or receives the thing possessed or is aware of his control
of the thing for a sufficient time to permit him to terminate his
control.
Possession
A person who _____ to perform an act does not commit an
offense unless a law as defined by Section 1.07 provides that the
________ is an offense or otherwise provides that he has a duty to
perform the act.
Omits
Omission
Except as
provided in Subsection (b), a person does not commit an offense
unless he ________, _________, ________, or with ________ _________ engages in conduct as the definition of the offense
requires.
Intentionally
Knowingly
Recklessly
Criminal Negligence
A person acts _________, or with knowledge, with respect
to the nature of his conduct or to circumstances surrounding his
conduct when he is aware of the nature of his conduct or that the
circumstances exist.
Knowingly or with Knowledge
A person acts __________, or is ________, with respect
to circumstances surrounding his conduct or the result of his
conduct when he is aware of but consciously disregards a
substantial and unjustifiable risk that the circumstances exis
Recklessly or is Reckless
A person acts with ________ __________, or is _________ __________, with respect to circumstances surrounding his conduct or
the result of his conduct when he ought to be aware of a substantial
and unjustifiable risk that the circumstances ex
Criminal Negligence or is Criminally Negligent
A person
is criminally responsible if the result would not have occurred but
for his conduct, operating either alone or concurrently with
another cause, unless the concurrent cause was clearly sufficient
to produce the result and
1. A different offense was committed
2. A different person or property was injured, harmed or otherwise affected.
§ 3.01. DEFINITION. In this chapter, "_______ ________" means the commission of two or more offenses, regardless
of whether the harm is directed toward or inflicted upon more than
one person or item of property, under the following
"criminal episode"
§ 3.02. CONSOLIDATION AND JOINDER OF
PROSECUTIONS. (a) A defendant may be prosecuted in a ________
criminal action for all offenses arising out of the same criminal
episode.
(b) When a single criminal action is based on more than
Single

30

Probable Guilt
§ 3.03. SENTENCES FOR OFFENSES ARISING OUT OF SAME
CRIMINAL EPISODE. (a) When the accused is found guilty of more
than one offense arising out of the same criminal episode
prosecuted in a single criminal action, a sentence for each off
"Concurrently"

"Criminal Episode"

17

17
3.04. SEVERANCE. (a) Whenever two or more offenses
have been consolidated or joined for trial under Section 3.02, the
defendant shall have a right to a _________ of the offenses.
(b) In the event of severance under this section, the
Severance

Concurrently or Consecutively
All persons
are presumed to be innocent and no person may be convicted of an
offense unless each element of the offense is proved ______ a
__________ _____. The fact that he has been arrested, confined, or
indicted for, or otherwi
Beyond a Reasonable Doubt
An _________ to an offense in
this code is so labeled by the phrase: "It is an _________ to the
application of . . . ."
(b) The prosecuting attorney must negate the existence of an
exception in the accusation charging co
Exception

Reasonable Doubt
A _______ to prosecution for an
offense in this code is so labeled by the phrase: "It is a "_______"
to prosecution . . . ."
(b) The prosecuting attorney is not required to negate the
existence of a _______ in
Defense
An ___________
defense in this code is so labeled by the phrase: "It is an
___________ defense to prosecution . . . ."
(b) The prosecuting attorney is not required to negate the
existence of an __________ defense in the
Affirmative

Preponderance
When this code or another penal
law establishes a presumption with respect to any fact, it has the
following consequences:
(1) if there is sufficient evidence of the facts that
give rise to the ___________, the issue of the existe
Presumption

A Reasonable Doubt
OBJECTIVES OF CODE. The general purposes of
this code are to establish a system of ____________, _________, and
__________ _________ to deal with conduct that unjustifiably and
inexcusably causes or threatens harm to those individual or
Prohibitions, Penalties, and Correctional Measures
The provisions of this penal code are intended, and shall be construed, to
achieve the following objectives:
(1)to insure the public ______ through: (A)the deterrent influence of the penalties hereinafter provided;
(B)the ______________ o
Safety
Rehabilitation
Punishment
Penalties
Official Discretion
§ 1.03. EFFECT OF CODE. (a) Conduct does not
constitute an offense unless it is defined as an offense by _______,
_________ _________, order of _ ______ _____________ _____, or rule
authorized by and ________ _______ under a statute.
Statute
Municipal Ordinance
Order of a County Commissioners Court
or
Lawfully adopted
The penal code does not bar, suspend, or otherwise affect a
right or liability to _______, _______, __________, or other remedy
authorized by law to be _________ or _________ in a civil suit for
conduct this code defines as an offense,
Damages
Penalty
Forfeiture
or
recovered or enforced
TERRITORIAL JURISDICTION. (a) This state has ____________ over an offense that a person commits by his own
conduct or the conduct of another for which he is criminally
responsible if:
(1)either the conduct or a result that is an element
Jurisdiction
Commit
Conspiracy

Attempt,Solicitation, or Conspiracy or
Establishes
If the body of a ________ ________ victim is found in this state, it is
presumed that the _____ occurred in this state. If death alone is
the basis for jurisdiction, it is a defense to the exercise of
____________ by this state that the
Criminal Homicide

Death

Jurisdiction
An offense based on an ________ to perform a duty imposed on an actor by a statute of this state is committed inside this state regardless of the location of the actor at the time of
the offense. This state includes the ____ and _____ and the ___ s
Omission

land
water
air
1.06. COMPUTATION OF AGE. A person attains a
specified age on the day of the ___________ of his birthdate.
Anniversary
§7.01. Parties to offenses.
(a) A person is criminally responsible as a party to an offense if the offense is committed by his own conduct, by the conduct of another for which he is "__________ ___________, or by both.
(b) Each party to a
Criminally Responsible

Accomplices and Principals
§7.02. Criminal responsibility for conduct of another.
(a) A person is criminally responsible for an offense committed by the conduct of another if:
(1) acting with the kind of ___________ required for the offense, he causes or aids an innocen
1. culpability
2. solicits, encourages, directs, aids, or attempts
3. reasonable

furtherance
§7.03. Defenses excluded.
In a prosecution in which an actor's criminal responsibility is based on the conduct of another, the actor may be convicted on proof of commission of the offense and that he was a party to its
commission, and it is &
NO

incapable

immune
§7.21. Definitions.
In this subchapter: (1) "_____" means a director, officer, employee, or other
person authorized to act in behalf of a corporation or association.
(2) "____ __________ _____" means:
(A) a partn
Agent

High managerial agent
7.22 (a) If conduct constituting an offense is performed by an agent acting in behalf of a corporation or association and within the scope of his office or employment, the corporation or association is __________ responsible for an offense defined:
criminally
§7.23. Criminal responsibility of person for conduct in behalf of
corporation or association.
(a) An individual is __________ responsible for conduct that he performs in the name of or in behalf of a corporation or association to the same ext
criminally

omission
§7.24. Defense to criminal responsibility of corporation or
association.
It is an ___________ defense to prosecution of a corporation or
association under Section 7.22(a)(1) or (a)(2) that the high managerial
agent having supervis
affirmative
§8.01. Insanity.
(a) It is an ___________ defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong.
(b) The term "mental disease or
affirmative

repeated
§8.02. Mistake of fact.
(a) It is a "_______" to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of ___________ required for commission of the offense.
defense

culpability
§8.03. Mistake of law.
(a) It is no defense to prosecution that the actor was "________" of the provisions of any law after the law has taken effect.
(b) It is an ___________ defense to prosecution that the actor reasonably believed
ignorant

affirmative
§8.04. Intoxication.
(a) Voluntary intoxication does not constitute a _______ to the commission of crime.
(b) Evidence of _________ ________ caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the off
a. defense

b. temporary insanity

c. intoxication

d. "intoxication"
§8.05. Duress.
(a) It is an ___________ defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by ______ of imminent death or serious bodily injury to himself or another.
(b) In a prosecution
a. affirmative
threat

b. affirmative

c. compulsion

d. intentionally, knowingly or recklessly

e. spouse
§8.06. Entrapment.
(a) It is a _______ to prosecution that the actor engaged in the conduct charged because he was "________" to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offens
defense

induced

entrapment
Text Transportation Code
§729.001. Operation of motor vehicle by minor in violation of traffic laws; offense.
(a) A person who is younger than
"___" years of age commits an offense if the person operates a motor vehicle on a pu
17
§8.07. Age affecting criminal responsibility.
A person may not be prosecuted for or convicted of any offense that the person committed when younger than "___" years of age except:
(1) _______ and __________ _______ when it appears by
15

1. perjury and aggravated perjury
§9.01. Definitions.
In this chapter:
(1) "_______" under arrest by a peace officer or under restraint by a
public servant pursuant to an order of a court of this state or another state of the United States; under restraint by a
Custody
9.01 Definitions
"______" means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period or leave that is part of an intermittent
sentence, but does not in
Escape
9.01 Definitions
"______ _____" means force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury.
Deadly force
§9.03. Confinement as justifiable force.
"___________" is justified when force is justified by this chapter if the actor takes reasonable measures to terminate the confinement as soon as he knows he safely can unless the person confined h
Confinement
§9.04. Threats as justifiable force.

The ______ of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwis
threat

apprehension
§9.05. Reckless injury of innocent third person.
Even though an actor is _________ under this chapter in threatening
or using force or deadly force against another, if in doing so he also
recklessly _______ or _____ an innocent third p
justified

injures or kills
§9.06. Civil remedies unaffected.
The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a
_____ suit.
civil
§9.22. Necessity.
Conduct is justified if:
The actor reasonably believes the conduct is ___________ necessary to avoid imminent harm;
(2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards
immediately

reasonableness

legislative
§9.31. Self-defense.
(a) Except as provided in Subsection (b), a person is _________ in using force against another when and to the degree he reasonably believes the force is ___________ necessary to protect
himself against the other's use or
justified

immediately
9.31 Self-Defense
The use of force against another is not justified:
(1) in the response to "______" provocation alone;
(2) to resist an ______ or ______ that the actor knows is being made by a peace officer, or by a person actin
1. verbal
2. arrest or search
3. consented
4. provoked
9.31 Self-Defense
Use of force against another is not justified:
If the actor provoked the others use or attempted use of unlawful force unless;
(A) the actor ________ the encounter, or clearly communicates to the other his intent to do so
A. abandons
9.31 Self-Defense
If the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was:
(A) carrying a ______ in violation of Section 46.02; or
(B) _______
weapon

possessing
9.31 Self-Defense
The use of force to resist an arrest or search is justified:
(1) if, before the actor offers any __________, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make th
1. resistance

2. greater
9.32 Deadly force in defense of person
(a) A person is justified in using deadly force against another:
(1) if he would be justified in using force against the other under Section 9.31;
(2) if a reasonable person in the actor's situation w
2. retreated
3. immediately
a. protect
b. prevent

habitation
§9.33. Defense of third person.
A person is justified in using force or deadly force against another to protect a third person if:
(1) under the circumstances as the actor reasonably believes them to be, the actor would be _________ under Sect
1. justified

2. intervention
9.34. Protection of life or health.
(a) A person is justified in using force, but not deadly force, against another when and to the degree he reasonably believes the force is immediately necessary to prevent the other from committing ________ or inf
a. suicide

b. justified
§9.41. Protection of one's own property.
(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to
a. prevent or terminate

b. immediately
9.42. Deadly force to protect property.
A person is justified in using deadly force against another to protect ____ or ________, _______ property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) wh
land or tangible, movable
9.43. Protection of third person's property.
A person is justified in using force or deadly force against another to protect land or tangible, movable property of a _____ person if, under the Circumstances as he reasonably believes them to be, the a
THIRD

1. attempted or consummated

2.A. requested


2.C. protect
9.44. Use of device to protect property.
The justification afforded by Sections 9.41 and 9.43 applies to the use of a device to protect land or tangible, movable property if:
(1) the device is not designed to cause, or known by the actor to cre
1. death or serious bodily injury

2. installs
9.51. Arrest and search.
A peace officer, or a person acting in a peace officer's presence and at his direction, is justified in using force against another when and to the degree the actor reasonably believes the force
is immediately necessar
SEE PENAL CODE SECTION 9.51 FOR ALL DETAILS.
9.52. Prevention of escape from custody.
The use of force to prevent the escape of an arrested person from custody is ___________ when the force could have been employed to effect the arrest under which the person is in custody, except that a guard
justifiable

deadly force
9.53. Maintaining security in correctional facility.
An officer or employee of a correctional facility is justified
in using _____ against a person in custody when and to the degree the
officer or employee reasonably believes the force i
force

maintain
9.61. Parent - child.
(a) The use of force, but not deadly force, against a child younger than "___" years is justified:
(1) if the actor is the child's parent or stepparent or is acting in ____ ________ to the child; and
(2) whe
18

1. loco parentis

2. discipline
9.62. Educator - student.
The use of force, but not deadly force, against a person is justified:
(1) if the actor is entrusted with the ____, ___________, or ______________ of the person for a special purpose; and
(2)when and to the degree
1. care, supervision, or administration

2. special
9.63. Guardian - incompetent. The use of force, but not deadly force, against a mental incompetent is justified:
(1)if the actor is the incompetent's ________ or someone similarly responsible for the general care and supervision of the incompetent;
1. guardian

A. safeguard and promote

B. discipline
12.03. Classification of misdemeanors.
(a) Misdemeanors are classified according to the relative
seriousness of the offense into three categories:
(1)Class __ misdemeanors;
(2)Class __ misdemeanors;
(3)Class __ misdemeanors.
A
B
C
12.04. Classification of felonies.
(a)Felonies are classified according to the relative seriousness of the offense into five categories:
(1)_______ ________;
(2)felonies of the _____ degree;
(3)felonies of the ______ degree;
(4)f
1. capital
2. first
3. second
4. third
5. state jail
12.21. Class A misdemeanor.
An individual adjudged guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed $_____;
(2) confinement in jail for a term not to exceed ____ year; or
(3) both such ____ and __________
1. $4,000

2. one

3. fine and confinement
12.22. Class B misdemeanor.
An individual adjudged guilty of a Class B misdemeanor shall be punished by:
(1) a fine not to exceed $_____;
(2) confinement in jail for a term not to exceed ____ days; or
(3) both such fine and confinemen
1. $2,000

2. 180
12.23. Class C misdemeanor.
An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $____.
$500
12.31. Capital felony.
(a) An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the institutional division for ____ or by _____. An individual adjudged guilty of
life or by death

imprisonment

mandatory
12.32. First degree felony punishment.
(a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the institutional division for life or
for any term of not more than ___ years or less than ___ year
99 years

5 years

$10,000
12.33. Second degree felony punishment.
(a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the institutional division for any term of not more than ___ years or less than ___ years.
(b) In ad
20 years

2 years

$10,000
12.34. Third degree felony punishment.
(a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than ___ years or less than ___ years.
(b) In addi
10 years

2 years

$10,000
12.35. State jail felony punishment.
(a)Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by
confinement in a state jail for any term of not more than ___ years or
less than ___
2 years

180 days

10,000

1. deadly weapon

2. felony
12.41. Classification of offenses outside this code.
For purposes of this subchapter, any conviction not obtained from a prosecution under this code shall be classified as follows:
(1) "felony of the _____ degree" if imprisonment in a
1. third

2. B

3. C
Text
§12.42. Penalties for repeat and habitual felony offenders.
See Penal Code Section 12.42
_______ __________ means an act by an individual that is against another individual with whom that person has or has had a dating relationship and that is intended to result in physical harm,
bodily injury, assault, or sexual assault or that is a t
Dating Violence
For purposes of this title, "dating relationship" means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consid
(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.
(c) A casual acquaintanceship or ordinary fraternization in a
business or social context does not constitute a "dating relationship"
under Subsection (b).
§71.003. Family.
"Family" includes individuals related by ___________ or __________, as determined under Sections 573.022 and 573.024, Government Code, individuals who are former spouses of each other,
individuals who are the paren
Consanguinity or Affinity
_________ means a unit composed of persons living together
in the same dwelling, without regard to whether they are related to
each other. (Added by L.1997, chap. 34(1), eff. 5/5/97.)
Household
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 im
Family Violence
Text
Art. 5.03. Family or household relationship does not create an
exception to official duties.† [Domestic violence: family or
household relationship no exception.]

A general duty prescribed for an officer by Chapter 2 of
Info only
Art. 5.04. Duties of peace officers.† [Peace officers: duties.]
(a) The primary duties of a peace officer who investigates a
family violence allegation or who responds to a disturbance call that
may involve family violence are to ______
PROTECT

ENFORCE

LAWFUL ARREST
A peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall advise any possible adult victim of all
reasonable means to prevent further family violence, including giving
LEGAL RIGHTS

SHELTER
Art. 5.045. Standby assistance; liability.
(a) In the discretion of a peace officer, the officer may
stay with a victim of family violence to protect the victim and allow
the victim to take the personal property of the victim or of a chi
INFO ONLY
Art. 8.01. Officer may require aid.† [Officer may request
assistance.]
When any officer authorized to execute process is resisted, or when he has sufficient reason to believe that he will meet with resistance in executing the same, he may com
CITIZENS

MILITARY COMPANY
Art. 8.02. Military aid in executing process.† [Military aid to
overcome resistance.]
If it be represented to the Governor in such manner as to satisfy him that the power of the county is not sufficient to enable the sheriff to execute proce
INFO ONLY
Art. 8.03. Military aid in suppressing riots.† [Suppression of
riots: military assistance.]
Whenever, for the purpose of suppressing riots or unlawful
assemblies, the aid of military or militia companies is called, they
shall obe
INFO ONLY
Meaning of "having a mental illness."
For purposes of this chapter, a child who is described as having a mental illness means a child who suffers from mental illness as defined by Section 571.003, Health and Safety Code. (Repealed and
INFO ONLY
Mental health and mental retardation jurisdiction.
For the purpose of initiating proceedings to order mental
health or mental retardation services for a child or for commitment of
a child as provided by this chapter, the juvenile court
INFO ONLY
Standards of care.
(a) Except as provided by this chapter, a child for whom
inpatient mental health services is ordered by a court under this
chapter shall be cared for as provided by Subtitle C, Title 7,
Health and Safety Code.
INFO ONLY
§30.01. Definitions.
In this chapter:
(1) "__________" means a structure or vehicle that is adapted
for the overnight accommodation of persons, and includes:
Habitation
§30.01. Definitions.
In this chapter:
(1) "__________" means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes:
(A) each separately secured or occupied portion of the structure or ve
Habitation
PC
(2) "________" means any enclosed structure intended for use
or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.
Building
PC
3) "_______" includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation, except such devices as
are classified as "habitation.&quo
Vehicle
CCP 8.09. Power of special constable.† powers.]
Special constables so appointed shall, during the time for which they are appointed, exercise the powers and perform the duties properly belonging to _____ ________.
Peace Officers
CCP 14.01. Offense within view.† [Crime committed within view of
peace officer.] A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is on
Felony

Public Peace
CCP 14.01. Offense within view.† [Crime committed within view of
peace officer.]
A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view.
Info Only
CCP 14.02. A peace officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the
view of a __________, and such __________ verbally orders the arrest
of the offender.
Magistrate
CCP. 14.04. When felony has been committed.†
Where it is shown by satisfactory proof to a peace officer, upon the representation of a credible person, that a felony has been committed, and that the offender is about to escape, so that there is no
Info Only
CCP 14.05. Rights of officer.
In each case enumerated where arrests may be lawfully made without warrant, the officer or person making the arrest is justified in adopting all the measures which he might adopt in cases of arrest under warrant, except
(1) a person who resides in the residence consents to the entry;
or
(2) exigent circumstances require that the officer making the arrest enter the residence without the consent of a resident or without a warrant.
CCP 14.051. Arrest by peace officer from other jurisdiction.
A peace officer commissioned and authorized by another state to make arrests for felonies who is in _____
_____ of a person for the purpose of arresting that person for a felony may
Fresh Pursuit
CCP
Enumerated in this Code, the person making the arrest or the person
having custody of the person arrested shall take the person arrested
or have him taken without unnecessary delay, but not later than _____
hours after the pers
48 Hours
CCP
A peace officer who is charging a person, including a child, with committing an offense that is a ______ misdemeanor, other than an offense under Section 49.02 (PI), Penal Code, may, instead of taking the person before a magistrate, issue a cita
Class C
CCP
A "_______ of ______" is a written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law.
Warrant of Arrest
CCP 15.02. Requisites of warrant.† [Requirements of warrant.]
It issues in the name of "The State of Texas" and shall be sufficient, without regard to form, if it have these substantial requisites:
1.
2.
3.
1.It must specify the name of the person whose arrest is ordered, if it be known, if unknown, then some reasonably definite description must be given of him.
2.It must state that the person is accused of some offense against the laws of the State, naming the offense.
3.It must be signed by the magistrate, and his office be named in the body of the warrant, or in connection with his signature.
CCP 15.03. Magistrate may issue warrant or summons.
A magistrate may issue a warrant of arrest or a summons:
1.
2.
3.
1. In any case in which he is by law authorized to order verbally the arrest of an offender;
2. When any person shall make oath before the magistrate that another has committed some offense against the laws of the State; and
3. In any case named in this Code where he is specially authorized to issue warrants of arrest.
CCP 15.00 A summons may be issued in any case where a warrant may be issued, and shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time and place. The summons shall be served upon
Info Only
CCP
The affidavit made before the magistrate or district or county
attorney is called a "_________" if it charges the commission of an
offense.
Complaint
CCP 15.05. Requisites of complaint.† [Requirements of complaint.]
The complaint shall be sufficient, without regard to form, if it have these substantial requisites:
1.
2.
3.
4.
1.It must state the name of the accused, if known, and if not known, must give some reasonably definite description of him.
2.It must show that the accused has committed some offense against the laws of the State, either directly or that the affiant has good reason to believe, and does believe, that the accused has
committed such offense.
3.It must state the time and place of the commission of the offense as definitely as can be done by the affiant.
4.It must be signed by the affiant by writing his name or affixing his mark.
CCP 15.06. Warrant extends to every part of the state.† [Warrant
valid throughout state.]
A warrant of arrest, issued by any county or district clerk, or by any magistrate (except mayors of an incorporated city or town), shall extend to any p
Info Only
CCP When a warrant of arrest is issued by any mayor of an incorporated city or town, it cannot be executed in another county than the one in which it issues, except:
1.It be endorsed by a judge of a court of record, in which case it may be executed
Info Only
CCP 15.08. Warrant may be telegraphed.† [Warrant issued by
telegraph.] A warrant of arrest may be forwarded by telegraph from any
telegraph office to another in this State. If issued by any magistrate named in Article 15.06, the peace office
Info Only
CCP 15.09. Complaint by telegraph.† A complaint in accordance with Article 15.05, may be telegraphed, as provided in the preceding Article, to any magistrate in the State; and the magistrate who receives the same shall
forthwith issue a warrant fo
Info Only
G.O.
No more than ____ Austin Police officers, uniformed or plainclothes, who are identifiable as police officers by the wearing or the carrying of firearms, badges, police radios, insignias, or any article of clothing identifying them as police off
Four (4)
G.O.
Except as necessary to perform assigned tasks or as authorized by a supervisor, the following restrictions apply to the number of marked APD police units parked in a parking lot or near a public place at any one time:
(i) No more than ____
two (2)

four (4)
G.O.
______ is defined as any physical action that causes apparent injury, or causes a person to complain of pain or injury
force
G.O.
________ ______ is any force capable of causing death or serious bodily harm.
Deadly Force
G.O.
Officers should be ever mindful that they have a responsibility to use _______, _____ _________, and ___ ____ when operating vehicles in an emergency capacity to ensure the safety of motorists and pedestrians.
Caution
Good Judgement
and
Due Care
G.O. Uniform Traffic Enforcement
The public will accept a rigid enforcement program if applied __________ and ____________.
impartially and intelligently
G.O.
If an officer writes a ticket (all or in part) and determines that the ticket needs to be voided, the officer will write a brief description/reason for the void on the back of the ticket and turn it in to the supervisor at the end of shift. Sup
90
G.O. Vehicle Pacing Citations
A ___-block minimum (except in school zones) is required to achieve an accurate measurement of speed.
two (2)
G.O.Tolerances for Speeding Violations -- Radar and Vehicle Pace
Over Limit -- Posted Speed Zone – may allow at least ___ mph in excess of the specified speed. Cite at ___ mph or greater over the limit.
9 mph

10 mph
G.O. Over Limit -- School Zones – should allow ___ mph in excess of the specified speed. Cite at ___ mph or greater, unless facts, circumstances or conditions would justify enforcement at a lower speed.
4 mph

5 mph
G.O. Traffic Control Devices
No citations will be issued for a ___ day period after installation of new signs, signals and devices. Exceptions would be when an accident occurs or when a violation is committed under aggravated circumstances.
3
G.O. A citation will be issued for no seat belt if the person is riding in the front seat of a passenger car or light truck traveling on the roadway and is not secured by a safety belt.
Cite the person in violation if he/she is ___ years of age or o
15
G.O. A person is not in violation of the state seatbelt laws if they fall into one or more of the following five examples:
1. Note from a Doctor
2. US Postal Employee
3. Delivery of Newspapers
4. Utility Company and reading meters
5. Operating Farm Vehicle
G.O A citation will be issued to the driver for no seat belt-unrestrained child if the child is riding in any seat of a passenger vehicle traveling on the roadway and is not secured by a safety belt or child restraint seat.
Cite the driver if the ch
5
17
36 inches
G.O. A citation will be issued to the driver of a passenger car or light truck if he/she is transporting:
A child who is younger than ___ years of age or less than ___ inches in height, and does not keep the child secured during the operation of the
4

36 inches
G.O. A person is not in violation of the Child Seatbelt Laws section, if one of the following is met:
1.
2.
3.
4.
1. All seating positions equipped are occupied
2. Riding in a taxicab
3. Riding in a bus
4. Or other vehicle for hire
G.O. Riding in Open Beds
Cite the driver if he/she is transporting a child/children in the back of an open-bed pickup or open flatbed trailer when the child is younger than ___ years of age and is occupying the bed of the truck or trailer.
Incl
18
G.O. Altered or Fictitious Driver’s License
It is a Class ___ misdemeanor when a person displays an altered or fictitious (TC 521.451) driver’s license.
Class B
G.O.
Violation of Occupational DL
The driver is required to have in possession both the DL and a copy of the ____ ______.
Violation is a Class ___ misdemeanor.
Court Order

Class B
G.O. Failure to Maintain Financial Responsibility
According to Texas Transportation Code, Section 601.053, evidence of financial responsibility is shown by proof of one of the following:
1. An insurance policy;
2. An insurance form;
3
Info Only
Investigations will determine the type of charge by the following:
1. Class __ misdemeanor if the pecuniary loss is less than two hundred dollars ($200).
2. Class __ misdemeanor if the pecuniary loss is more than two hundred dollars ($200).
Class C

Class B
Evading -- Vehicle is a _______ felony. (See Penal Code, 38.04).
Enhance charge to a _____ felony if the driver has been previously convicted for evading.
State Jail

3rd Degree
G.O.
"___________" When a driver should have known that his/her actions put him/herself or others in situations where serious bodily injury or death could have occurred:
Reckless Driving
G.O. Possession of Alcoholic Beverage in a Motor Vehicle is a Class ___ misdemeanor
The violation must be observed by a police officer.
Class C
G.O. Fictitious/Altered Vehicle Registration is a Class ___ misdemeanor
Class B
G.O. What level of traffic violation is the following:
1. Wrong Plate
2. Different Seal
Class C
G.O. Fictitious/Altered Vehicle Inspection Sticker is a Class ___ misdemeanor.
A custody arrest will be made when a person displays an inspection sticker knowing the sticker is counterfeit, tampered with, altered, fictitious, or issued for another v
Class B
G.O. Wrecker violations are commonly divided into two categories:
1.
2.
1. equipment violations
and
2. ordinance violations
G.O.
f. All category A and B wreckers are required to be equipped with __ orange traffic cones, or __ flares, or __ red emergency reflectors.
g. All category A and B wreckers are required to carry a __ lb. or two __ lb. fire extinquishers.
f. 3,3,3

g. 10 lb. or two 5 lb

h. 3-foot
G.O. City Ordinance Violations
a. All drivers of category A and B wreckers must possess a valid City issued ___________________ to perform non-consent tows.
tow truck operator's license
G.O. Taxi Cab Ordinances
Permits are issued to authorized ground transportation operators.
Operators of authorized ground transportation vehicles who fail to display a valid permit issued by the City of Austin may be cited for “_______________
Fail to Display Operating Authority Permit.
____________________________________

Display Expired Operating Authority Permit
G.O.
__________________: the administrative process to suspend the driver’s licenses of persons who either refuse or fail a breath or blood test.
Administrative License Revocation
G.O. Define
____: a drug recognition evaluation or a drug recognition expert.
DRE
State the APD Vision Statement:
We want Austin to be the safest city in America.
G.O. Definition: ____________________: the process the drug recognition expert uses to evaluate a suspect for the use of drugs by means of physical, clinical and psychological criteria.
Drug Recognition Evaluation
G.O. ___________________: personnel trained to predict which of the seven (7) drug categories is causing the impairment of a driver that is not under the influence of alcohol.
Drug Recognition Expert (DRE)
G.O.
_____________- not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into t
Intoxicated
G.O.
Standardized Field Sobriety Test (SFST)
If the officer is trained and certified in their administration, he will conduct the following standardized field sobriety tests:
(i) Horizontal Gaze Nystagmus (HGN) eye test;
(ii) Walk and Turn test;
(iii) One Leg Stand test.
G.O.
DWI Statutory Warning (DIC-__(1)
If the driver was operating a commercial vehicle and has a commercial license, the DIC-__(2) (Peace Officer Statutory Warning for Commercial Motor Vehicle Operators), DIC-__(3) (Peace Officer's Sworn Report
1.DIC-24
2.DIC-55
3.DIC-54
4.DIC-57
G.O. Driving Under Influence (DUI Minor-Alcohol)
A. Officers who stop a vehicle and determine that the driver:
1. Is under age __; and
2. Has any detectable amount of alcohol on his/her breath;
3. But displays no characteristics of i
21
G.O. Consular and Diplomatic Personnel
Foreign consular officials enjoy varying degrees of immunity from arrest, which includes traffic violations/citations. (See Department policy on Arrest Procedures). Officers should be aware of the following:
Info Only
G.O.
Equipment for Traffic Direction
REQUIRED: four things?
approved headgear
whistle
reflective traffic vest
low light (flashlight with cone)
G.O.
Officers dealing with persons must be aware of the type of contact in which they are engaged, and its legal significance. There are three types of duty-related contacts with persons made by police officers. In terms of legal significance, they
A. Interviews
B. Stops; and
C. Arrests
G.O. Subject Stops:
Stops are "seizures" under the Fourth Amendment. An officer may stop and question a person when the officer has reasonable suspicion that the person may be involved in past, present or future criminal activity. Reasonab
Info Only
G.O.
Officers executing a lawful stop should be aware that if the person flees, he/she is "evading detention," which is at least a Class __ misdemeanor under the provisions of the Texas Penal Code, Section 38.04.
Class B
G.O. (Subject Stops) When attmepting to
verify their identification. Persons are not required to identify themselves unless they are under arrest; however, if they are legally detained and choose to identify themselves, they must do so accurately.
Info Only
G.O.
Officers need not inform a suspect of his/her "Miranda" rights if the interview remains brief, casual, relatively neutral, and non-coercive. Oral statements/confessions made in "______________" interviews, where the subject
Non-Custodial
G.O.
When questioning begins to focus on the person stopped, becoming an accusatory interrogation regarding a specific offense, personnel will inform the person of his/her Miranda rights and treat the remainder of the interview as a "__________
Custodial
G.O.
No written statement/confession made by an adult as a result of "_________" interrogation is admissible as evidence unless the suspect is first administered the statutory warning and knowingly, intelligently, and voluntarily waives th
Custodial
List the Nine (9) Types of Searches:
1. Protective Frisks
2. Search Incendital to Lawful Arrest
3. Probably Cause
4. Exigent Circumstances
5. Consent
6. Plain View
7. Inventories
8. Search Pursuant to a Valid Warrant
9. Strip/Body Cavity Searches
G.O.
Officers will prepare a probable cause affidavit/complaint and direct file each charge, felony or misdemeanor unless the detail detective decides that further investigation is required on a felony charge. In that case, the detective will follow
48 hour
G.O.
When arrested persons have a child less than __ years of age in their care, custody and control at the time they are arrested, it is the responsibility of the arresting officer and the immediately available supervisor to ensure the safe placeme
17 years of age
G.O. Definition of a Child
A. The Texas Family Code defines a child as a person who is:
1. ___ years of age or older and under ___ years of age; or
2. Seventeen years of age or older and under 18 years of age who is alleged or found to hav
1. 10/17

2. 17
G.O. Types of Juvenile Offenses
There are two classifications of offenses for juveniles:
1. ___________ Offense -- a crime against a person and/or property, which is the same offense as if committed by an adult.
B. _________ Offense -- con
1. Criminal Offense

2. Status Offense
G.O.
The confidentiality of names of juveniles and their records is mandated by state law. The
following guidelines will be strictly followed:
A. The names of juvenile offenders will not be released to the news media or any other person no
Info Only
G.O. A juvenile defendant or juvenile suspect shall not be named in any public document, including an affidavit for an ______ warrant involving an adult co-defendant or in an affidavit for a ______ warrant. However, there may be times when an investigato
arrest/search
G.O. Information on juveniles collected during the course of business may be released/disseminated under the following circumstances:
1. Information required to be collected for the "juvenile justice information system" will be forwarded
Info Only
G.O. Physical files and records concerning juveniles shall not be open to public inspection, and shall be open to inspection only by a ________ justice agency or ________ justice agency. If an investigator believes obtaining a warrant for the arrest of a
Juvenile Justice
or
Criminal Justice
G.O. An affidavit for a search warrant on a juvenile offender should be submitted to a ________ court judge to obtain the search warrant. Record of the search warrant will be retained by the juvenile court.
juvenile court
G.O. All juvenile arrest files and records, when not in use, shall be secured in the ________________ Unit. Under no circumstances will juvenile arrest records be mingled with adult records.
Missing Persons/Juvenile Investigations
Unit
G.O. Detention vs. Custody
A child is considered "in custody" when he/she would be considered "under arrest" if the child was an adult. A detention situation exists when an officer detains a child for a short period for investiga
Info Only
G.O. In contrast to detention situations, the law requires that a child's parents/guardians be promptly notified when the child is in police custody. It is the responsibility of the ________________ to make this notification or arrange for notification t
arresting officer
G.O. At times, the Gardner-Betts and Lott Juvenile Detention Centers may need assistance from the transporting officer when a parent/guardian cannot be contacted by phone. When this occurs, the officer will ensure that the incident report contains the fo
Info Only
G.O. In place of taking a child into custody, state law allows a law enforcement officer to issue a field release citation for a traffic offense or an offense, other than __________ or ___________ punishable by fine only.
Public Intoxication
or
POM
G.O. Regarding the arrest of juveniles
Officers are encouraged to contact the __________________ Unit for advice regarding the probable cause for arrest, the type of charge, disposition of the juvenile, or to provide any other assistance needed.
Missing Persons/Juvenile Investigations Unit
G.O. Juveniles
Class C Misdemeanors, Fineable-Only Offenses, Status Offenses
1. All Class C misdemeanors (except Public Intoxication – Texas Penal Code 49.02e) are punishable by fine only and fall under the jurisdiction of _________Court. Juve
1. Municipal Court

Youth Diversion Center
G.O. Public Intoxication "juveniles"
Juveniles taken into custody for public intoxication may be transported to Gardner-Betts, released to a parent/guardian or, if necessary, transported to a medical facility for emergency medical treatmen
WILL NOT!!
G.O. Driving under Influence – Juvenile
When a juvenile is stopped and cited for driving under the influence, he/she will not be allowed to drive the vehicle from the scene.
Disposition of the vehicle will be made in one of the following ways:
Info Only
G.O. Curfew Violations Daytime
If the child/juvenile is an AISD student, he/she will be returned to school, issued a _______ and a flyer from the ______________ Center, and released to school authorities.
citation

Youth Diversion Center
G.O. Curfew violations Daytime
If the child/juvenile is not an AISD student, he/she will be issued a citation and a flyer from the Youth Diversion Center. The officer will attempt to contact a parent or other responsible adult to respond to the scen
Info Only
G.O. Nighttime Curfew Juveniles
Nighttime
Children/Juveniles violating the nighttime curfew ordinance will be issued a citation and a flyer from the Youth Diversion Center. The officer will attempt to contact a parent or other responsible adult
Info Only
G.O. Juveniles found as runaways
Transporting
1. If the initial runaway report was made to any agency within Travis County, the child will be taken to __________.
2. If the runaway report was generated by an agency outside of Travis County
1. Life Works

2. Gardner Betts
G.O. Documenting Found Runaways
1. If the original report was made to APD, a supplement will be written to the original report.
2. If the original report was made to an agency other than APD, a report will be initiated titled, “____________.”
1. supplement

2. "Recovered Runaway"
G.O. 4. Family Violence Offenses
If necessary to preserve the peace and eliminate the possibility of further violence, a juvenile may be taken into custody and transported to Gardner-Betts if he/she is involved in a family violence situation and com
assault by contact

or

assault by threat
G.O.
No juvenile arrested for a Class ___ misdemeanor or above will be released to a parent/guardian unless he/she has been processed by one of the methods described in this section.
Class B
G.O. Juveniles arrested for the following offenses are not required to be processed:
1. Any _______ or directive to apprehend issued by TYC or Juvenile Court (e.g. probation violation warrants, escape from TYC warrants);
2. Any offense that occ
1. Warrant

2. Jan 1, 1996

3. Class C/Status
G.O. Juveniles detained for offenses involving violence in Williamson County, who cannot otherwise be released or disposition made by other means, may be taken into custody and transported to the ______ Detention Center in Georgetown, Texas.
Lott
G.O. Felonies and Jailable Offenses for "juveniles"
1. A booking sheet is required on all Class ___ misdemeanors and above, regardless of whether the juvenile is actually booked into Gardner-Betts or Lott, or processed and released.
2
1. Class B
G.O. Runaways
1. A booking sheet "is" required if a recovered runaway is booked into Gardner-Betts or Life Works.
2. "No" booking sheet is required if a runaway is returned to a
parent/guardian. However, the name of th
Info Only
G.O. Class C Misdemeanors "Juveniles"
The only way to file a Class C charge (except PI) is to issue a misdemeanor citation; no other paperwork is required.
Info Only
G.O. "Juvenile"
No booking sheet will be filled out on any Class C offense unless it is one of the following cases (____, ____, Class C ________________) where the child "can be" booked into Gardner-Betts or Lott for the Class C
P.I.

DUI

Class C Family Violence
G.O. If an officer who books a juvenile into Gardner-Betts or Lott for a higher charge wishes to file an additional Class C charge, he/she "will" issue the juvenile a misdemeanor citation. The Class C charge will "NOT" be placed on th
Info Only
G.O. The following types of statements made by juvenile suspects are admissible as evidence under the Family Code:
1. __________ - spontaneous statements made by children may be used as if they were made by an adult.
2. Statements leading to th
1. Res Gestae

or

2. fact or circumstances
G.O. Custodial Statements juveniles
1. A written confession by a child in custody, detention or confinement is admissible if, before giving the written confession, the child has been given the Miranda warning by a __________. This warning must be gi
1. magistrate/magistrate's/Magistrate
Magistrate's
G.O. juveniles Oral Confessions
1. An "oral" confession by a child in custody, detention, or confinement is admissible if it is: _________________ and, before making the statement, the child receives the Miranda warning by a ____________ a
1. Recorded by an electronic recording device (tape recorder or video camera)

2. magistrate
G.O. Interrogations "juveniles"
An interrogation is the questioning of a juvenile who is suspected of a ______ or ________ offense.
1. On-scene Interrogation / Street interrogations should be avoided until after the juvenile can be pr
status or criminal
G.O. Follow-up Interrogations "juveniles"
The Miranda warning administered by a ___________ must precede all custodial confessions.
magistrate
G.O. Custodial Interrogations of "juveniles"
The custodial interrogation of a juvenile may take place in two types of situations; the exact procedures to be followed vary depending on these two situations:
1. At a Juvenile Processing Office

2. When a Juvenile is Transported to Gardner-Betts or Lott
G.O. At a Juvenile Processing Office
The interrogation of a juvenile may take place at a juvenile processing office if the juvenile is transported there __________ after arrest. While at the juvenile processing office the guidelines of Family Code S
immediately

six (6) hours

two (2) detectives
G.O. To interview a juvenile who has been booked into Gardner-Betts or Lott, APD must request the juvenile be returned to APD custody for an interrogation or other follow-up. Gardner/Betts or Lott personnel will rule whether the request will be granted.
Youth Services detective
G.O. Non-custodial Interrogations
1. Juveniles are not in custody when they are voluntarily brought in by a ________ or ________. Therefore, no magistrates' warning is required prior to taking a confession under these circumstances.
1. parent or guardian
G.O. interrogation of "juvenile"
Officers should be aware of any factor that might negate the "non-custodial" status of the interrogation and affect the admissibility of the statements obtained. For example, giving a child a ride
"IN CUSTODY"
G.O. Juveniles who have given "voluntary" non-custodial confessions will not be immediately taken into custody. They will be released to a parent/guardian. If probable cause for arrest is developed through the confession or otherwise, a juvenil
Info Only
G.O. Fingerprints and Photographs
A. Except as listed in section D. below, juveniles may be photographed or fingerprinted only under the following circumstances consistent with provisions of the Family Code:
1. With ________ of the Juvenile Cou
1. consent

2. taken into custody
G.O. The fingerprints of a juvenile suspect in a criminal case where latent prints were obtained may be used for ____________ purposes only if the prints were obtained in a manner allowed by the Family Code.
comparison
G.O. The photograph of a juvenile suspected in connection with a criminal case where it is believed the photograph will help in the identification of the offender (e.g. a photo lineup) "may" be used "only" if it was obtained in a mann
"Publicly" available (such as in a school yearbook)
G.O. Restrictions on fingerprinting/photographing juveniles do not apply in the following situations:
1. If the photographs/fingerprints are obtained as part of the registration process for a juvenile required to register as a __________.
2. If
1. sex offender

2. evidentiary or documentary purposes

3. crime scene
G.O. ______________ is defined in the Family Code (71.004) as 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
Family Violence
G.O. _______________- means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature.
Dating Relationship
G.O. ____________- is defined as an act by an individual that is against another individual with whom that person has or has had a dating relationship and that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a
Dating Violence
The Code of Criminal Procedure, Art. 6.05, “Duties of Peace Officers as to Threats” does not give authority to arrest merely for an assault by threat that does not occur in the presence of the officer, but does place a responsibility on officers to pre
Info Only
G.O. The primary duties of a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence are to ________ any potential victim of family violence, ________ the law, and make lawful ___
protect

enforce

arrests
G.O. Family Violence
All children residing in the household, whether or not they witnessed the family disturbance involving family violence, shall be identified with their full ____, __________, _____, and _____.
name,

date of birth,

race,

and sex.
Family Violence with children home:
List as “________” if the child was present in the household during the disturbance.
Witness
Family Violence Reporting with children home:
List children as “____________” if the child was not present in the household during the incident of family violence.
Observed/Seen
G.O. Officers are to treat all incidents involving family violence as criminal conduct. __________ will not be used as a substitute for appropriate reporting and enforcement action when assaults or other forms of physical violence have taken place
Mediation
G.O. When officers investigate any incident that involves family violence, or may have involved violence, officers are to initiate an incident report and provide each adult present a copy of the information form entitled "Notice to Adult Victims of
Emergency protective order
G.O. In addition, when an arrest for an offense involving family violence is made, officers will file for a ___ hour hold of the suspect if the victim received "serious" bodily injury.
24-hour
G.O. Officers may request a ___-hour or ___-hour hold when an arrest for an offense involving family violence is made. It is recommended that officers consider some of the following situations when deciding whether to request a ___/___-hour hold:
1.
24-hour

or

48-hour
G.O. Officers investigating an assault that involves the discipline of a child/juvenile by a parent or guardian will document their investigation in an incident report.
1. If the victim is ___ years of age or younger, the report will be titled "
1. 14

2. 15, 16 or 17

3. unreasonable
G.O. Incidents of family violence create a special standard of arrest requirements.
A. If the offender is still present, officers "will" arrest if an assault has occurred and the assault has resulted in _________ or a ___________.
1
Bodily injury

or

Complaint of Pain

1. reasonable
G.O. Family Violence Situations
Officers will arrest for "Assault by Threat" or "Assault by Contact" if the offense occurs in their __________ and circumstances reasonably show that further violence may occur.
Presence
G.O. Victims of family violence should _________ be referred to Victim Services for counseling.
ALWAYS
G.O. Family Violence felony arrest: Neither the arresting officer nor the detectives in felony arrests can dismiss charges. The ___________can.
District Attorneys Office
G.O. Williamson County Assault Victim Statement, is to be used if the Family Violence takes place in Williamson County rather than the form used for arrests made in Travis County.
Info Only
G.O. Family Violence Involving Mental Illness
A. If the offender is still present and the Crisis Intervention Officer (C.I.O.) at the scene determines the person fits the criteria for a Peace Officer Emergency Commitment (POEC), the CIO may transpor
POEC
G.O. Dating Violence
A. As of _____________s date, the definition of Family Violence has been amended to include dating violence.
However, the arrest authority for Family Violence Assaults was not changed to include dating violence. Therefore,
September 01, 2001

mandatory
G.O. When determining whether or not the relationship is considered a “dating” relationship, the following factors should be taken into account:
1. The ______ of the relationship.
2. The ______ of the relationship.
3. The ______ and type
1. length
2. nature
3. frequency
G.O. Officers investigating incidents that involve family violence shall title reports “______________.”
2. Officers investigation incidents that involve dating violence shall title reports “______________.”
3. This requirement is in additi
Family Disturbance

Dating Violence
When the Department receives a protective order, it will be forwarded to _____________.
Central Records
G.O. Protective Orders
Ex parte temporary orders are not enforceable under Section 25.07 of the Penal Code and will not be entered into the Central Records database.
Info Only
G.O. The Texas Department of Public Safety maintains a protective order file in the statewide data base. It may be accessed by utilizing the ____________ inquiry in TCIC. APD is required to enter protective orders into the statewide database. When a prot
Wanted Person Inquiry

TCIC
G.O. A court shall render a protective order if the court finds that family violence has occurred and is likely to occur in the future. In the protective order, the court may prohibit the person found to have committed family violence from:
1. Comm
Info Only
A peace officer ____ arrest, without warrant, persons whom the officer has probable cause to believe have committed an offense violation of protective order), if the offense """is not""" committed in the presence of the peac
may
A peace officer (will) arrest, without a warrant, a person the peace officer has probable cause to believe has committed an offense under Section 25.07 of the Penal Code (violation of protective order), if the offense is committed (in the presence) of th
Remember the following:

A peace officer "may" arrest if the offense was "not" in his view

but

A peace officer "will" arrest if the offense was in his view.
G.O. Protective Orders
Some orders specify the applicant's county of residence rather than a specific street address. This attempt by the court to further protect the applicant (does not) invalidate the order's protection of the residence address. I
Info Only
G.O. Protective Orders
Reconciliatory actions or agreements between the applicant and the respondent (DO NOT) affect the validity of the order or the duty of a peace officer to enforce it.
G. A protective order (CANNOT) be violated by actions
Info Only
G.O. When an officer investigates a family disturbance or similar incident and is informed that any person involved is named in a protective order, the officer will attempt to verify the information through ______________.
B. If verified, the office
Communications

Dispatched
Magistrate's Order for Emergency Protection
A. Article 17.29 of the Code of Criminal Procedure allows a magistrate to issue an order for emergency protection against a defendant at the defendant's initial appearance before the magistrate, if the de
Family Violence

or

Stalking
G.O. An order for emergency protection is very similar to a protective order and it shall be enforced in the same manner as a protective order. Penal Code section 25.07 also applies to violations of an order for emergency protection. In enforcing an orde
31-61 days
An order for emergency protection is very similar to a protective order and it shall be enforced in the same manner as a protective order. Penal Code section 25.07 also applies to violations of an order for emergency protection. In enforcing an order for
31-61 days
Orders for emergency protection will be documented and processed in the same manner as protective orders. Orders for emergency protection are required to be entered into ____ in the same manner as protective orders.
TCIC

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