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JBird: You remember incorrectly; you do not need to be present when the Judge signs/issues the Protective Order. David G.

A protective order can be issued without the subject being present, but I think it has to be served. How else would the subject know what he's restrained from doing?

- Jim

Any info/news about the OP?

Russell wrote:Exactly. Unless it had a courthouse attached to it my response would be "none of your business."

What about "legally I cant tell you"?

seamusTX wrote:A protective order can be issued without the subject being present, but I think it has to be served. How else would the subject know what he's restrained from doing?

- Jim

I am stepping out of my bounds here completely and not trying to be any kind of expert. Please take what I am sharing accordingly.

These just aren't civil papers. If someone avoids being served with a protective order, it is still in effect. The recipient of this order does not have to be in the court. Having a firearm is just as illegal and could get you arrested at DPS if they knew that someone in this situation was in violation.

I will let the legal experts correct me, but if this violation of the protective order met certain criteria such as one issued due to family violence, a Peace Officer would have no choice but to arrest if it occurs in their presence.

I am guessing that guns could also be listed in an Ex Parte order if the judge really wanted to???

If any of these statements require correction......please fire away without worry of offending me. I need to learn

If someone avoids being served with a protective order, it is still in effect.

Whether they avoid being served or were not served it's the same. According to the Penal Code you have to have both knowledge or intention to be in violation of the Protective Order.

§ 25.07. VIOLATION OF PROTECTIVE ORDER OR MAGISTRATE'S ORDER.
Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch. 66, § 2
(a) A person commits an offense if, in violation of an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, the person knowingly or intentionally:

Even if you were served or had knowledge of the order but didn't intend to violate it you would not be subject to arrest. For example, let's say an individual was served by a protective order and then while shopping at WalMart they inadvertently ran into the person protected by the order. There was no intent regarding violating that order unless they refused to then comply with it in a timely manner.

...a Peace Officer would have no choice but to arrest if it occurs in their presence.

Knowingly or intentionally violating a Protective Order is one of only three instances where legislation states that a police officer "shall arrest" someone. The other two have to deal with search warrants and arrest warrants. On most all other crimes it is up to the officers discretion (or departmental policy) as to his actions. Regarding misdemeanors - they have to be committed in his presence. The Code of Criminal Procedure will most often phrase it along the lines of, an officer "may arrest"...

The Code of Criminal Procedure outlines this and it's interesting to note that it refers to the County Sheriff as the "Conservator Of The Peace" and as such he "shall arrest" everyone who breaks any law of the state, In fact, there are several "he shalls" in that part of the code:

Art. 2.17. CONSERVATOR OF THE PEACE. Each sheriff shall be a conservator of the peace in his county, and shall arrest all offenders against the laws of the State, in his view or hearing, and take them before the proper court for examination or trial. He shall quell and suppress all assaults and batteries, affrays, insurrections and unlawful assemblies. He shall apprehend and commit to jail all offenders, until an examination or trial can be had.

CHL/LEO wrote:

The Code of Criminal Procedure outlines this and it's interesting to note that it refers to the County Sheriff as the "Conservator Of The Peace" and as such he "shall arrest" everyone who breaks any law of the state, In fact, there are several "he shalls" in that part of the code:

Art. 2.17. CONSERVATOR OF THE PEACE. Each sheriff shall be a conservator of the peace in his county, and shall arrest all offenders against the laws of the State, in his view or hearing, and take them before the proper court for examination or trial. He shall quell and suppress all assaults and batteries, affrays, insurrections and unlawful assemblies. He shall apprehend and commit to jail all offenders, until an examination or trial can be had.

Interesting. One might infer, according to this section of the code, that a sheriff in Texas does in fact have a duty to protect citizens from unlawful attack, regardless of what the SCOTUS has stated regarding the duty of LEOs to protect the public.

jhutto I hope things work out for you. When you can, please give us an update.

If you renew your drivers license online, then you don't have to worry about being outed in front of people you don't know.

Right2Carry wrote:If you renew your drivers license online, then you don't have to worry about being outed in front of people you don't know.

I think you have to go in for a new photo every other renewal period. Not sure of the exact requirements though.

Penn wrote:

Right2Carry wrote:If you renew your drivers license online, then you don't have to worry about being outed in front of people you don't know.

I think you have to go in for a new photo every other renewal period. Not sure of the exact requirements though.

That's correct. I had to go to the DPS in December to renew mine. I also had to provide my Social Insecurity card, as well.

A commercial driver's license (CDL) must also be renewed in person.

RKirby wrote:A commercial driver's license (CDL) must also be renewed in person.

I just renewed mine, but dropped the commercial, as I dont need it anymore. It would have been far more convenient to do it online, but I ended up standing in line behind all the teenagers trying to get a road test.

See this post.
http://www.texasshooting.com/TexasCHL_F ... lit=jhutto

I think it it tiltled APD.

Anyone know any attourneys who are familiar with the gun law, work in Travis county courts, and a darn good?
Any reccomendations are appreciated.

I don't know one, but I can check around. I expect you will get a better recommendation from others around here though.