TDCAA Community
Is jail a "Household"

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/9661030781

February 14, 2009, 10:53
Robert446
Is jail a "Household"
Is a county jail a "household" under Family Code 71.005 for the purposes of Family Violence?

I am just a cop so it looks like it fits to me.
February 14, 2009, 11:18
JB
So, a fight in the jail would be family violence. Interesting.
February 14, 2009, 13:58
Mac McIntosh
I'm just a cop as well, but I also have a good amount of jail experience (and that experience has proven invaluable as a patrolman). I think fighting in jail, excluding serious bodily injury or death, should be treated as an administrative disciplinary issue. I do, however, empathize with your effort to find a charge that has more bite. I just think you're looking in the wrong place.

The problem is with jail standards. Yes, they are important. However, they also have made it nearly impossible to take any meaningful disciplinary action against inmates for infractions. It definitely gets frustrating, and the tendency to look to punitive action criminally is understandable.
February 14, 2009, 16:21
Robert446
I have a guy who committed two prior assaults in the jail against other inmates and has now comitted assault on his girlfriend. I want to enhance it.
February 14, 2009, 16:29
JB
That's very creative. But, I'm betting you didn't give the defendant notice in the previous two assaults that he was facing a possible family violence finding. Could be problematic to now retroactively make that claim.
February 14, 2009, 18:03
jws
It would seem that if you're not living somewhere voluntarily, it's not really a household.
February 14, 2009, 18:04
jws
Although some people in jail are sharing a "dating relationship."
February 14, 2009, 20:19
JB
Most teenagers would say they are not living with their family "voluntarily".
February 16, 2009, 00:22
AlexLayman
Could he get a protective order against his former cellmate which might then, depending on the size of the facility, cause one of them to be moved to another wing or even to a different location?