Texas § 5.06 DUTIES OF PROSECUTING ATTORNEYS AND COURTS.

Texas Statutes

§ 5.06 — DUTIES OF PROSECUTING ATTORNEYS AND COURTS.

Texas § 5.06

Code CRCode of Criminal Procedure

This text of Texas § 5.06 (DUTIES OF PROSECUTING ATTORNEYS AND COURTS.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Code of Criminal Procedure Code Ann. § 5.06 (2026).

Text

Text of article effective until April 01, 2027 Art. 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 , Family Code, should be made without regard to wh

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Text of article effective until April 01, 2027
Art. 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 , 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 , Family Code, shall provide notice of that responsibility to all law enforcement agencies within the jurisdiction of the prosecuting attorney for the prosecuting attorney.

Legislative History

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. Repealed by Acts 2025, 89th Leg., R.S., Ch. 202 (H.B. 1610 ), Sec. 3.01, eff. April 1, 2027.