April 12, 2010, 11:56
CeatonSubpoena by DFPS--Jail Records
Our SO recieved a subpoena from DFPS for a child custody case. They want all the subjects jail records, jail telephone calls, jail reports, and the like.
From what I can tell, there is nothing that expressly prohibits them releasing the information in complaince with the subpoena. Is that correct?
I do know of 30.006 of the Civil Practice and Remedies Code which potentially privileges much of the information since one of the subjects currently has a pending felony and is in jail because of it; the other has a prior record from 2003 (Assault-Family Violence), but nothing in that statute prohibits release if the S.O. doesn't oppose it.
Our question is primarly one of liability.