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posted February 14, 2009 10:53
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.
 
Posts: 13 | Location: Granbury, Texas, USA | Registered: March 12, 2008Reply With QuoteReport This Post
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posted February 14, 2009 11:18Hide Post
So, a fight in the jail would be family violence. Interesting.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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posted February 14, 2009 13:58Hide Post
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.
 
Posts: 34 | Location: Matagorda County, TX, USA | Registered: January 17, 2009Reply With QuoteReport This Post
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posted February 14, 2009 16:21Hide Post
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.
 
Posts: 13 | Location: Granbury, Texas, USA | Registered: March 12, 2008Reply With QuoteReport This Post
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posted February 14, 2009 16:29Hide Post
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.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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posted February 14, 2009 18:03Hide Post
It would seem that if you're not living somewhere voluntarily, it's not really a household.
 
Posts: 515 | Location: austin, tx, usa | Registered: July 02, 2001Reply With QuoteReport This Post
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posted February 14, 2009 18:04Hide Post
Although some people in jail are sharing a "dating relationship."
 
Posts: 515 | Location: austin, tx, usa | Registered: July 02, 2001Reply With QuoteReport This Post
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posted February 14, 2009 20:19Hide Post
Most teenagers would say they are not living with their family "voluntarily".
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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posted February 16, 2009 00:22Hide Post
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?
 
Posts: 689 | Registered: March 01, 2004Reply With QuoteReport This Post
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