Tex. Code of Crim. Proc. Article 5.06
Duties of Prosecuting Attorneys and Courts

(a)

Neither a prosecuting attorney nor a court may:

(1)

dismiss or delay any criminal proceeding that involves a prosecution for an offense that constitutes family violence because a civil proceeding is pending or not pending; or

(2)

require proof that a complaining witness, victim, or defendant is a party to a suit for the dissolution of a marriage or a suit affecting the parent-child relationship before presenting a criminal allegation to a grand jury, filing an information, or otherwise proceeding with the prosecution of a criminal case.

(b)

A prosecuting attorney’s decision to file an application for a protective order under Chapter 71 (Definitions), Family Code, should be made without regard to whether a criminal complaint has been filed by the applicant. A prosecuting attorney may require the applicant to provide information for an offense report, relating to the facts alleged in the application, with a local law enforcement agency.

(c)

The prosecuting attorney having responsibility under Section 71.04(c), Family Code, for filing applications for protective orders under Chapter 71 (Definitions), Family Code, shall provide notice of that responsibility to all law enforcement agencies within the jurisdiction of the prosecuting attorney for the prosecuting attorney.
Added by Acts 1985, 69th Leg., ch. 583, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 614, Sec. 28, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 739, Sec. 9, eff. Sept. 1, 1989. Subsec. (c) added by Acts 1995, 74th Leg., ch. 564, Sec. 2, eff. Sept. 1, 1995; added by Acts 1995, 74th Leg., ch. 1024, Sec. 25, eff. Sept. 1, 1995.
Art. 5.08. MEDIATION IN FAMILY VIOLENCE CASES.
Notwithstanding Article 26.13 (Plea of Guilty)(g) or 42A.301 (Basic Discretionary Conditions)(b)(15), in a criminal prosecution arising from family violence, as that term is defined by Section 71.004 (Family Violence), Family Code, a court shall not refer or order the victim or the defendant involved to mediation, dispute resolution, arbitration, or other similar procedures.
Added by Acts 1999, 76th Leg., ch. 389, Sec. 1, eff. Aug. 30, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 4.002, eff. September 1, 2019.

Source: Article 5.06 — Duties of Prosecuting Attorneys and Courts, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­5.­htm#5.­06 (accessed Apr. 13, 2024).

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Accessed:
Apr. 13, 2024

Art. 5.06’s source at texas​.gov