does anyone have any guidance on when these things can be issued?

Some of our people interpret 17.292 that the order must be done when the defendant is magistrated and not after.

I was still a peace officer when these first came into being. At least until I left law enforcement in 1999, we were trained they could be, and our JP issued them, anytime prior to the defendant bonding out.

The Family Law Practice manual has a practice note that they must be isued prior to release on bond.

What do you guys out there think?

Thanks

The code says, "At a defendant's appearance before a magistrate after an arrest involving family violence...." It does not specify which appearance before a magistrate, nor does it specify that the order must be granted when the defendant is given his standard warnings. We have not interpreted it to add any additional requirements. We just get them done before they bond out, and get a 24 or 48 hour hold, if we can. If you have a judge that firmly believes that there is an extra requirement here, perhaps you could suggest to the judge that they receive the magistrated warnings again at the time of the protective order. I think that this is unnecessary, but if it is what it takes...

I came from down there, (Harris/Galveston Counties) that's why I'm thinking the same as you. Have missed coming down to work Mardi Gras with GPD since I moved up here. Say hi to Mo and Tollett.

Tollett retired. Mo is now First Assistant. Marti Gras is growing every year.