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CCP Article 7A.03 requires the court, "at the close of a hearing" on an application for a sexual assault protective order to make a finding whether there are reasonable grounds to believe that the applicant was the victim of sexual assault or abuse.

Suppose that the parties to an application for a sexual assault protective order agreed to the issuance of an order, but without that express finding. Does that hamper prosecution for violating the protective order under Penal Code sec. 38.112 at a later date? With an agreement, there would be no "hearing" per se, just the announcement of the agreement. The respondent would be agreeing to the entry of an otherwise binding court order. Section 38.112 does not refer to that specific finding, only to an order issued under Chapter 7A.

I don't see any cases on the subject.
 
Posts: 366 | Location: Plainview, Hale County | Registered: January 11, 2005Reply With QuoteReport This Post
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TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    "Required Finding" in Sexual Assault P.O.

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