I had a question come up about enforcement of out-of-state protective orders under Chapter 88, Family Code. The language appears to be mandatory in nature: the officer shall enforce the order if the officer has PC the order is valid. However, one of our HP types told me that when the Troopers do take someone into custody for violating a valid out-of-state protective order, the magistrates routinely release the person, etc.

So my question is, how do you handle one of these if it happens to cross your desk? Admittedly, violations are not common, but I can tell you that they do happen as several of our Troopers can attest.

Janette A

How do other states expect their orders to be enforced when they do not have the authority to extradite a violator?

Read Penal Code Sec. 25.07 and the Uniform Interstate Enforcement of Protective Orders Act (Family Code Chapter 88).

Then maybe someone needs to educate the JP's about this. They might be under the impression that since it is an out-of-state matter that there is nothing that they can do, so they let the people go.