This post continues the discussion of the unconstitutionality of protective orders under the Texas Family Code and picks up from Part I previously published.
The Fifth Amendment to the United States Constitution holds:
No person shall be held to
Protective orders under the Texas Family Code are intended to protect a person from family violence, but this protection cannot be obtained by violating the constitutions of both the United States and Texas. Texas Family Code chapter 83 addresses temporary ex parte protective orders. Texas Family Code chapter 85 addresses final protective orders. It
Family Code requirement of filing a Statement of Points in a government termination case within 15-days of the signing of the final order is unconstitutional as applied when it bars parents from raising an ineffective assistance of counsel claim.
Continue Reading Statement of Points Unconstitutional As Applied Says Texas Supreme Court
Today I was interviewed by John Council with Texas Lawyer Magazine about the In re JOA opinion issued recently by the Texas Supreme Court for the Video Blog Reversed and Remanded. Seriously, you should go look at the video. (I wish I had worn a different shirt!) The Texas Supreme Court declared Texas Family Code section 263.405(b) unconstitutional
Continue Reading Constitutionality of Termination Law — Video Interview
