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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3587
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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In Texas under HEALTH AND SAFETY CODE 573.002 it states that

Resolved Question:

In Texas under HEALTH AND SAFETY CODE 573.002 it states that a officer who has taken a person into custody must file an application for detention. I am looking to find out if that application would be a record kept by the facility the patient is taken to, by a judge/ majestrate, the DA's office or some other agency. Also what else the officer is required to file or other statements like a Application for Protective Order Without a Warrant APOWW and where these documents would be requested from.
Submitted: 8 months ago.
Category: Family Law
Expert:  Chris T., JD replied 8 months ago.

Chris T., JD :

Good evening. I'll be assisting you with your question.

Customer:

do you have any question about what I am trying to find out?

Chris T., JD :

No, I'm just looking a few things up.

Chris T., JD :

What county is this in?

Customer:

collin

Chris T., JD :

The application would have been filed with the court, but it is under seal for now.

Chris T., JD :

Do you plan to have a hearing on this?

Customer:

this was in dec 2012. there was no hearing that I was aware of. during any of this

Chris T., JD :

Oh. This isn't a current case?

Customer:

No, this is being investgated because of the departmental policies used and the conduct of the officer involved so I am looking to try and find a confirmation that the application was even filed.

Chris T., JD :

If this matter was not litigated, and you were not the person who was the target of the order, it will be very difficult to obtain. Mental health records - even in an affidavit of this nature - are almost impossible to obtain since it involves private mental health information.

Chris T., JD :

However, if the officer witnessed something happening, he should have written a separate report, which you could obtain using an open records request.

Chris T., JD :

The application and order would normally be sealed. If there were not, they would be with the judge that issued the order.

Customer:

As a person who was the target of the order can they obtain these records?

Chris T., JD :

That person could petition the court to unseal the records. The court may do so for "good cause" shown.

Customer:

I really appreciate the information.

Chris T., JD :

Glad to help. Do you have any questions?

Customer:

You answered this one, but I do have another should I close this and start another question since it is different?

Chris T., JD :

If it pertains to a different matter, yes. However, you can direct it to me by posting your question here.

Customer:

I will do that

Chris T., JD :

OK. Great. If there isn't anything else I can do for you on this question, please remember to "rate" my answer.

Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3587
Experience: I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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