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CHAPTER 5: FAMILY VIOLENCE PREVENTION (5.05 REPORTS AND RECORDS: a peace…
CHAPTER 5: FAMILY VIOLENCE PREVENTION
5.01 LEGISLATIVE STATEMENT
Family violence is a serious danger and threat to society and its members. Victims of family violence are entitled to the maximum protection from harm or abuse or the threat of harm or abuse as is permitted by law
In any law enforcement, prosecutorial, or judicial response to allegations of family violence, the responding law enforcement or judicial officers shall protect the victim, without regard to the relationship between the alleged offender and victim
5.03 FAMILY OR HOUSEHOLD RELATIONSHIP DOES NOT CREATE AN EXCEPTION TO OFFICIAL DUTIES
a general duty prescribed for an officer by chapter 2 of this code is not waived or excepted in any family violence case or investigation because of a family or household relationship between an alleged violator and the victim of family violence. A peace officer's or magistrate's duty to prevent the commission of criminal offenses, including acts of family violence, is not waived or excepted because of a family or household relationship between the potential violator and victim
5.04 DUTIES OF PEACE OFFICERS
a-1) a peace officers 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 written notice of a victim's legal rights and remedies and of the availability of shelter or other community services for family violence victims.
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 any potential victim of family violence, enforce the law of this state, enforce a protective order from another jurisdiction, and make lawful arrests of violators
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 child in the care of the victim to a place of safety in an orderly manner
b) a peace officer who provides assistance under subsection a) of this article is not:
1) civilly liable for an act or omission of the officer that arises in connection with providing the assistance or determining whether to provide the assistance; OR
2) civilly or criminally liable for the wrongful appropriation of any personal property by the victim
5.05 REPORTS AND RECORDS: a peace officer who investigates a family violence incident or who responds to a disturbance call that may involve family violence shall make a written report, including but not limited to:
1) the names of the suspect and complainant
2) the dates, time, and location of the incident
3) any visible or reported injuries
4) a description of the incident and a statement of its disposition
5) whether the suspect is a member of the state military forces or is serving in the armed forces of the United States in an active-duty status
a-2) if member of military, the peace officer shall provide written notice of the incident to the staff judge advocate at the JOINT FORCE HEADQUARTERS or the provost marshal of the military installation to which the suspect is assigned with the intent that the commanding officer will be notified
a-1 in addition, for family violence call or disturbance that may include family violence, shall make a report to the department of family and protective services if the location or address of person involved matches the address of a current licensed foster home or verified foster agency (must be done in 24 HOURS)