TDCAA Community
Violation of PO

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/7961007551

October 02, 2007, 08:26
Gordon LeMaire
Violation of PO
I have been getting this feedback from some victims. Officers are saying they do not have to arrest an individual alleged to have violated a PO if they did not observe the alleged violation. Has anyone else been getting this?

[This message was edited by Gordon LeMaire on 10-02-07 at .]
October 02, 2007, 11:56
suzannewest
I guess the question is whether they have to. The Code says that violation of a protective order is one reason that an arrest may be made without warrant in 14.03a3. Then 14.03b says the officer shall (must) if the violation of the po is in the officer's presence or view. I think the officers are right, that they do not HAVE to arrest if it was not committed in their view. Maybe the officers are unsure how strong the evidence is and want to file at large with a magistrate / prosecutor to help chime in.