(b-2) Except as provided by Articles 15.21, 17.033, and 17.151, a defendant may not be released on personal bond if the defendant: (1) is charged with an offense involving violence; or. }{\plain \fs24 \*\cs1 \par
Pearland: (832) 536-9547. Added by Acts 1997, 75th Leg., ch. January 1, 2022. Art. 361 (S.B. March 19, 1993. (TcuPor1n2BJ3[xweJc",
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PDF The State of Texas [] in The 46th Judicial Vs. [] District Court of June 20, 2003; Subsec. Acts 2019, 86th Leg., R.S., Ch. (d) amended by Acts 2003, 78th Leg., ch. the State Bar of Texas, Sheriffs' Association of Texas, Chief Deputies' Association of Texas, Texas Association of Counties, and the Texas Jail Association. The defendant and the defendant's sureties are not required to appear in court. Acts 2015, 84th Leg., R.S., Ch. Copyright 1999 2023 GoDaddy Operating Company, LLC. Acts 2019, 86th Leg., R.S., Ch. (c) A magistrate is in compliance with the training requirements of this article if: (1) not later than the 90th day after the date the magistrate takes office, the magistrate successfully completes the course described by Subsection (a)(1); (2) the magistrate successfully completes the course described by Subsection (a)(2) in each subsequent state fiscal biennium in which the magistrate serves; and. 17.46. December 2, 2021. Jan. 28, 1997. 17.47 by Acts 2003, 78th Leg., ch. to pay the fine in the amount of $,_________ court costs in the amount of $_______, and probation \softline
(13) Section 20A.03 (continuous trafficking of persons). Acts 2015, 84th Leg., R.S., Ch. 17.42 by Acts 1991, 72nd Leg., ch. 1562), Sec. A bail bond certificate with respect to which a fidelity and surety company has become surety as provided in the Automobile Club Services Act, or for any truck and bus association incorporated in this state, when posted by the person whose signature appears thereon, shall be accepted as bail bond in an amount not to exceed $200 to guarantee the appearance of such person in any court in this state when the person is arrested for violation of any motor vehicle law of this state or ordinance of any municipality in this state, except for the offense of driving while intoxicated or for any felony, and the alleged violation was committed prior to the date of expiration shown on such bail bond certificate. 785, Sec. Any cash funds deposited under this article shall be receipted for by the officer receiving the funds and, on order of the court, be refunded in the amount shown on the face of the receipt less the administrative fee authorized by Section 117.055, Local Government Code, if applicable, after the defendant complies with the conditions of the defendant's bond, to: (1) any person in the name of whom a receipt was issued, including the defendant if a receipt was issued to the defendant; or. (b) A defendant described by Subsection (a) who violates a condition of bond set under Article 17.41 and whose bail in the case is revoked for the violation may be taken into custody and denied release on bail pending trial if, following a hearing, a judge or magistrate determines by a preponderance of the evidence that the defendant violated a condition of bond related to the safety of the victim of the offense or the safety of the community. 3, eff.
Motion - Defendants motion to modify bond condition July 23, 2019 Sept. 1, 2003. }\pard \fs24\fi-7920\li5760\tx6480\tx7200\tx7920\tx8640\tx9360\tx10080\tx10800\tx11520\tx12240\tx12960\tqr\tx9603
2, eff. 2, eff. The magistrate, before whom an examination has taken place upon a criminal accusation, shall certify to all the proceedings had before him, as well as where he discharges, holds to bail or commits, and transmit them, sealed up, to the court before which the defendant may be tried, writing his name across the seals of the envelope. Sept. 1, 2003. 17.152. 17.26. ordered by the Court, the Probationer was admonished by the Court that upon the extension of \softline
Secs. Sept. 1, 1999; Subsecs. If the magistrate imposes a condition described by Subsection (b)(1), the magistrate shall specifically describe the locations that the defendant has been ordered to refrain from going to or near and the minimum distances, if any, that the defendant must maintain from those locations. 722. Sept. 1, 1989. DUTY OF CLERKS WHO RECEIVE SUCH PROCEEDINGS. The future safety of a victim of the alleged offense, law enforcement, and the community shall be considered. 2.02, eff. 2014), Sec. 6. A jailer licensed under Chapter 1701, Occupations Code, is considered to be an officer for the purposes of taking a bail bond and discharging any other related powers and duties under this chapter. reopen a prior custody hearing. (4) five days from the commencement of his detention if he is accused of a misdemeanor punishable by a fine only. 1, Sec. }\pard \fs24\qc\sl480\slmult1
(T) Section 43.25 (sexual performance by a child). 11 (S.B. %
1, eff. Probationer, would have more time to pay the amount of fine, court costs, and probation fees \softline
to Modify Terms and Conditions of Probation and for cause would show the Court as follows: ' Defendant, has been on bond since January 23, 2019. 17.03. 1, eff. 11 (S.B. (b) This article does not apply to a charitable bail organization that pays a bail bond for not more than three defendants in any 180-day period. (a) In cases of misdemeanor, the sheriff or other peace officer, or a jailer licensed under Chapter 1701, Occupations Code, may, whether during the term of the court or in vacation, where the officer has a defendant in custody, take the defendant's bail. hand-delivered or mailed, postage prepaid, to the Criminal District Attorney of __________ County, \softline
RELEASE ON BAIL OF DEFENDANT CHARGED WITH FELONY OFFENSE COMMITTED WHILE ON BAIL. The nature of the offense and the circumstances under which the offense was committed are to be considered, including whether the offense: (A) is an offense involving violence as defined by Article 17.03; or. Acts 2007, 80th Leg., R.S., Ch. 2, eff. Aug. 29, 1977. 2, eff. The criminal history record information for the defendant, including information obtained through the statewide telecommunications system maintained by the Department of Public Safety and through the public safety report system developed under Article 17.021, shall be considered, including any acts of family violence, other pending criminal charges, and any instances in which the defendant failed to appear in court following release on bail. (g) An alleged victim may request that the magistrate terminate the victim's participation in a global positioning monitoring system at any time. Probationer's terms and conditions of probation be modified by extending the term of probation for \softline
Sec. Acts 2017, 85th Leg., R.S., Ch. }{\plain \fs24 \*\cs1 TO THE HONORABLE JUDGE OF SAID COURT:\par
Art. {\*\cs2 \additive Default Para;}
"Bail" is the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or a personal bond. September 1, 2019. 17.04.
Motion To Amend Bond Conditions - US Legal Forms Library of Motions - Defendant's Motion To Remove Elm As Condition Of Bond If you are the site owner (or you manage this site), please whitelist your IP or if you think this block is an error please open a support ticket and make sure to include the block details (displayed in the box below), so we can assist you in troubleshooting the issue. 1506), Sec. (d) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. Sept. 1, 1991; Subsec. 2.09, eff. 1038 (H.B. A discharge under this subsection from any future liability on the bond does not discharge any surety from liability for previous forfeitures on the bond. 3, eff. September 1, 2021. The clerk of a court that does not provide online Internet access to that court's criminal case records shall post in a designated public place in the courthouse notice of a prospective criminal court docket setting as soon as the court notifies the clerk of the setting. RECORDS OF BAIL. (g) This article does not create liability for any errors or omissions of a sheriff caused by inaccurate information provided under this article to the sheriff by a magistrate. (a) Without unnecessary delay but not later than 48 hours after a defendant is arrested, a magistrate shall order, after individualized consideration of all circumstances and of the factors required by Article 17.15(a), that the defendant be: (1) granted personal bond with or without conditions; (2) granted surety or cash bond with or without conditions; or. {\*\pnseclvl9\pnlcrm\pnstart1}
Sec. 6), Sec. (a) A surety may before forfeiture relieve the surety of the surety's undertaking by: (1) surrendering the accused into the custody of the sheriff of the county where the prosecution is pending; or. September 1, 2021. Added by Acts 1989, 71st Leg., ch. 654 (H.B. HOME CONFINEMENT, ELECTRONIC MONITORING, AND DRUG TESTING AS CONDITION. 122 (H.B. 610, Sec. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. A "Modification Hearing" is the process by which to make changes in your EPO. Art. 17.21. 16, Sec. Acts 2021, 87th Leg., 2nd C.S., Ch. Art. Art. September 1, 2007. (a) In this article: (1) "family violence" has the meaning assigned to that phrase by Section 71.004, Family Code; and. 1, eff. Renumbered from art. 2.05, eff. Acts 2011, 82nd Leg., R.S., Ch. January 1, 2020. 232 (H.B. 2 amended by Acts 1999, 76th Leg., ch. DISCHARGE OF LIABILITY; SURRENDER OR INCARCERATION OF PRINCIPAL BEFORE FORFEITURE; VERIFICATION OF INCARCERATION. }{\plain \fs24 \*\cs1 \par
1178), Sec. 112), Sec. 17.45. the defendant to avoid disreputable persons is a reasonable condition of bond related to the safety of the community.
Texas Criminal Forms | LexisNexis Store (b) In preparing an annual report under Subsection (a), the office shall include in the report a statement of: (2) the number of positions maintained for office staff; (3) the number of accused persons who, after review by the office, were released by a court on personal bond before sentencing in a pending case; and. 4. (b) A magistrate shall require as a condition of release on bail or bond of a defendant described by Section 411.1471(a), Government Code, that the defendant provide to a local law enforcement agency one or more specimens for the purpose of creating a DNA record under Subchapter G, Chapter 411, Government Code. On receipt of the order suspending the license, the department shall: (1) record the suspension of the license in the records of the department; (2) report the suspension to local law enforcement agencies, as appropriate; and. Amended by Acts 1989, 71st Leg., ch. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Attorney Name\par
September 1, 2011. 11 (S.B. {\*\pnseclvl4\pndec\pnstart1{\pntxtb (}{\pntxta )}}
(a) The Office of Court Administration of the Texas Judicial System shall, in consultation with the court of criminal appeals, develop or approve training courses regarding a magistrate's duties, including duties with respect to setting bail in criminal cases. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\par
(c) If an order described by Subsection (a) prohibits a defendant from going to or near a child care facility or school, the clerk of the court shall send a copy of the order to the child care facility or school. (b-1) A magistrate may not release on personal bond a defendant who, at the time of the commission of the charged offense, is civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code. }\pard \fs24
Acts 2019, 86th Leg., R.S., Ch. (a) When the accused has given the required bond, either to the magistrate or the officer having him in custody, he shall at once be set at liberty. 1, eff.
Sept. 1, 1999. (b) Before taking bail under this article, the sheriff, peace officer, or jailer shall obtain the defendant's criminal history record information through the statewide telecommunications system maintained by the Department of Public Safety and through the public safety report system developed under Article 17.021. Acts 2017, 85th Leg., R.S., Ch. (b) At a hearing limited to determining whether the defendant violated a condition of bond imposed under Subsection (a), the magistrate may revoke the defendant's bond only if the magistrate finds by a preponderance of the evidence that the violation occurred. }\pard \fs24
A discharge under this subsection from any future liability on the bond does not discharge any surety from liability for previous forfeitures on the bond. endobj
3. 298, Sec. An order for emergency protection issued under Subsection (a) or (b)(1) of this article remains in effect up to the 61st day but not less than 31 days after the date of issuance. }{\plain \fs24 \*\cs1 [CITY, STATE, ZIP]\par
(a) In this article, "violent offense" means an offense under the following sections of the Penal Code: (4) Section 20.04 (aggravated kidnapping); (5) Section 21.11 (indecency with a child); (6) Section 22.01(a)(1) (assault), if the offense involved family violence as defined by Section 71.004, Family Code; (9) Section 22.021 (aggravated sexual assault); (10) Section 22.04 (injury to a child, elderly individual, or disabled individual); (11) Section 29.03 (aggravated robbery); (12) Section 21.02 (continuous sexual abuse of young child or disabled individual); or. Most states provide specific forms to complete. 1, Sec. <>
2, eff. September 1, 2011. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab {\u167\'a7}\par
Art. 1, eff. Acts 2015, 84th Leg., R.S., Ch. All general rules in the Chapter are applicable to bail defendant before an examining court.
Overview of Texas Bond Conditions | Neal Davis Law Firm, PLLC 1 0 obj
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League City: (281) 346-9373. . 766), Sec. Acts 2021, 87th Leg., 2nd C.S., Ch. 1276 (H.B. When such bond is so given and approved, the defendant shall be released from custody. Acts 1965, 59th Leg., vol. 23, Sec. 3, eff. Jan. 28, 1997. 34 (S.B. AFFIDAVIT NOT CONCLUSIVE. Amended by Acts 1987, 70th Leg., ch. Art. 3.01, eff. 17.294. EFFECT OF WITNESS BOND. Art. 743 (H.B. (A) an offense under the following sections of the Penal Code: (iv) Section 20.04 (aggravated kidnapping); (v) Section 21.11 (indecency with a child); (vii) Section 22.02 (aggravated assault); (viii) Section 22.021 (aggravated sexual assault); (ix) Section 22.04 (injury to a child, elderly individual, or disabled individual); (xi) Section 21.02 (continuous sexual abuse of young child or children); or, (xii) Section 20A.03 (continuous trafficking of persons); or. 17.08. September 1, 2007. (2) "Global positioning monitoring system" means a system that electronically determines and reports the location of an individual through the use of a transmitter or similar device carried or worn by the individual that transmits latitude and longitude data to a monitoring entity through global positioning satellite technology. Acts 2007, 80th Leg., R.S., Ch. 424, Sec. 346), Sec. The Defendant is incarcerated in the El Paso County Detention Facility. On request by a person protected by an order for emergency protection issued under Article 17.292, or if determined necessary by the magistrate, the court issuing the order may protect the person's mailing address by rendering an order: (1) requiring the person protected under the order to: (A) disclose the person's mailing address to the court; (B) designate another person to receive on behalf of the person any notice or documents filed with the court related to the order; and. 2767), Sec. Justia US Law Case Law Texas Case Law Texas Court of Appeals, Twelfth District Decisions 2020 Latrelle Noss Mouton v. The State of Texas Appeal from 114th District Court of Smith County The amount of such expense shall be in addition to the principal amount specified in the bond. 1006, Sec. Subsec. BAIL IN FELONY. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab City, State, Zip\par
}\pard \fs24
3. Jan. 28, 1997; Subsec. 17.07. June 17, 2011. {\plain \fs24 \*\cs1\b \tab \tab \tab \tab \tab \tab \tab \tab \par
Art. 1 0 obj
(d) The time limits imposed by Subsections (a) and (b) do not apply to a person arrested without a warrant who is taken to a hospital, clinic, or other medical facility before being taken before a magistrate under Article 15.17. endobj
1, eff. 17.30. Once the defendant is placed in custody, the revocation of the defendant's bond discharges the sureties on the bond, if any, from any future liability on the bond. Angleton: (979) 652-5246. Reasonable time shall be given the accused to procure security. Acts 1965, 59th Leg., vol. <>
}{\plain \fs24 \*\cs1 \par
17.028. If the defendant is charged with a felony, that it state that he is charged with a felony. Amended by Acts 1999, 76th Leg., ch. September 1, 2009. Court the following:\par
June 14, 1995; Acts 1995, 74th Leg., ch. \pard \fs24\qc
(d) The copy of the order and any related information may be sent electronically or in another manner that can be accessed by the recipient. 697, Sec. 4, eff. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab JUDGE PRESIDING\par
(3) fails to pay the reimbursement fee for monitoring or testing for controlled substances, if payment is ordered under Subsection (e) as a condition of bond and the magistrate determines that the defendant is not indigent and is financially able to make the payments as ordered. REQUISITES OF A BAIL BOND. 17.153. Added by Acts 2001, 77th Leg., ch. Watch the live stream. If the person is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the person must be released on personal bond. 17.40. In addition to the requirements of Article 17.08, a bail bond for a defendant charged with an offense under Section 20A.02, 20A.03, 43.02, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code, must include the address, identification number, and state of issuance as shown on a valid driver's license or identification card for the defendant and any surety, including any agent executing the bail bond on behalf of a corporation acting as surety. December 2, 2021. 1, eff. 1, eff. It shall be the duty of the clerk of the court where the surety is in default on a bail bond to notify in writing the sheriff, chief of police, or other peace officer of the default. 3000), Sec. Motion to Set Aside Bond Forfeiture Prior to Civil Suit Motion to Substitute Bond Motion to Substitute Counsel Motion to Withdraw Counsel Motion and Order to have Defendant Examined for Competency Order Refunding Cash Bond Plea of Guilty - No Good Conduct Time for Violent Offenders (per Governor's COVID-19 Emergency Order) 17.17. The head of the agency arresting or holding such a person may hold the person for a period of not more than four hours after bond has been posted. Sept. 1, 1999; Subsec. (f) Repealed by Acts 2021, 87th Leg., 2nd C.S., Ch. Preview The interest of justice would best be served by leaving the Probationer on probation in this \softline
PDF HOW TO MODIFY AN EMERGENCY PROTECTION ORDER - Texas Advocacy Project (a) This article applies to a defendant charged with an offense under any of the following provisions of the Penal Code, if committed against a child younger than 18 years of age: (1) Chapter 20A (Trafficking of Persons), 21 (Sexual Offenses), 22 (Assaultive Offenses), or 43 (Public Indecency); or. 4. (1) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. (b) The public safety report system must: (1) state the requirements for setting bail under Article 17.15 and list each factor provided by Article 17.15(a); (2) provide the defendant's name and date of birth or, if impracticable, other identifying information, the cause number of the case, if available, and the offense for which the defendant was arrested; (3) provide information on the eligibility of the defendant for a personal bond; (4) provide information regarding the applicability of any required or discretionary bond conditions; (5) provide, in summary form, the criminal history of the defendant, including information regarding any: (A) previous misdemeanor or felony convictions; (C) previous sentences imposing a term of confinement; (D) previous convictions or pending charges for: (i) offenses that are offenses involving violence as defined by Article 17.03; or, (ii) offenses involving violence directed against a peace officer; and, (E) previous failures of the defendant to appear in court following release on bail; and. Probationer. (b), (c) amended by Acts 2001, 77th Leg., ch. 3000), Sec. 3.06, eff. CONDITIONS RELATED TO VICTIM OR COMMUNITY SAFETY. 3751), Sec. {\plain \fs24 \*\cs1 \tab \tab \tab \tab \tab \tab \tab Fax\par
Acts 2011, 82nd Leg., R.S., Ch. 4, eff. (2) a nonprofit corporation organized for a religious purpose. Sept. 1, 1999. The first step in seeking a bond reduction is to work with your criminal defense attorney to file a motion, typically a motion for bond reduction to lower the bail needed. 1005), Sec. (c) In each criminal case, unless specifically provided by other law, there is a rebuttable presumption that bail, conditions of release, or both bail and conditions of release are sufficient to reasonably ensure the defendant's appearance in court as required and the safety of the community, law enforcement, and the victim of the alleged offense. 1823), Sec. 17.25. 4, eff. If the magistrate designates an agency under this subsection, in each month during which the agency verifies the installation of the device or provides a monitoring service the defendant shall pay a reimbursement fee to the designated agency in the amount set by the magistrate. 736 (H.B. (d) The state may not use the results of any test conducted under this chapter in any criminal proceeding arising out of the offense for which the defendant is charged. RELEASE ON PERSONAL BOND OF CERTAIN DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY. 593 (H.B. 4, eff. Added by Acts 1989, 71st Leg., ch. 2, eff. 3.02, eff. CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION. (c) Reimbursement fees collected under this article shall be deposited in the county treasury, or if the office serves more than one county, the fees shall be apportioned to each county in the district according to each county's pro rata share of the costs of the office. Added by Acts 2015, 84th Leg., R.S., Ch. The highlights include: Defendant's Motion To Modify Bond Conditions As Not In Best Interest Of Justice. September 1, 2021. September 1, 2017. Travis County. (n) On motion, notice, and hearing, or on agreement of the parties, an order for emergency protection issued under this article may be transferred to the court assuming jurisdiction over the criminal act giving rise to the issuance of the emergency order for protection. (C) if the magistrate finds good cause, in any manner with a person protected under the order or a member of the family or household of a person protected under the order, except through the party's attorney or a person appointed by the court; (A) the residence, place of employment, or business of a member of the family or household or of the person protected under the order; or, (B) the residence, child care facility, or school where a child protected under the order resides or attends; or. Acts 2011, 82nd Leg., R.S., Ch. (2) ability to function independently will continue to deteriorate if the defendant does not receive the recommended treatment or services. POSTTRIAL ACTIONS. (2) a two-hour continuing education course. Acts 2015, 84th Leg., R.S., Ch. 1, eff. PROCEEDINGS WHEN BAIL IS GRANTED. September 1, 2005. 593 (H.B.
FAMILY CODE CHAPTER 87. MODIFICATION OF PROTECTIVE ORDERS - Texas (2) go near a residence, school, or other location, as specifically described in the bond, frequented by the alleged victim. (2) go to or near the residence, place of employment, or business of the victim or to or near a school, day-care facility, or similar facility where a dependent child of the victim is in attendance. Acts 2017, 85th Leg., R.S., Ch. 787, Sec. 1, eff. Sept. 1, 1969. Defendant is charged with Driving While Intoxicated. 4.01, eff. 1, eff. 2, p. 317, Ch. (a) Any corporation authorized by the law of this State to act as a surety, shall before executing any bail bond as authorized in the preceding Article, first file in the office of the county clerk of the county where such bail bond is given, a power of attorney designating and authorizing the named agent, agents or attorney of such corporation to execute such bail bonds and thereafter the execution of such bail bonds by such agent, agents or attorney, shall be a valid and binding obligation of such corporation. ZDU\gKczBUWQUj }{\info{\title }{\author MD}{\operator MD}
(b) Notwithstanding Article 17.03(b), or a bond schedule adopted or a standing order entered by a judge, a magistrate shall release a defendant on personal bond unless good cause is shown otherwise if: (1) the defendant is not charged with and has not been previously convicted of a violent offense; (2) the defendant is examined by the service provider that contracts with the jail to provide mental health or intellectual and developmental disability services, the local mental health authority, the local intellectual and developmental disability authority, or another qualified mental health or intellectual and developmental disability expert under Article 16.22; (3) the applicable expert, in a written report submitted to the magistrate under Article 16.22: (A) concludes that the defendant has a mental illness or is a person with an intellectual disability and is nonetheless competent to stand trial; and. 6), Sec. This subsection may not be construed to require the office to provide an official or magistrate with any equipment or support related to accessing or using the public safety report system. 2, p. 317, ch. 2, eff. (c) Notwithstanding Subsection (a), a magistrate may personally prepare a public safety report, before or while making a bail decision, using the public safety report system developed under Article 17.021. September 1, 2021. 1, eff. }\pard \fs24\fi-5040\li5040\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040
Acts 2009, 81st Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. (d) Before imposing a condition described by Subsection (b)(3), a magistrate must provide to an alleged victim information regarding: (1) the victim's right to participate in a global positioning monitoring system or to refuse to participate in that system and the procedure for requesting that the magistrate terminate the victim's participation; (2) the manner in which the global positioning monitoring system technology functions and the risks and limitations of that technology, and the extent to which the system will track and record the victim's location and movements; (3) any locations that the defendant is ordered to refrain from going to or near and the minimum distances, if any, that the defendant must maintain from those locations; (4) any sanctions that the court may impose on the defendant for violating a condition of bond imposed under this article; (5) the procedure that the victim is to follow, and support services available to assist the victim, if the defendant violates a condition of bond or if the global positioning monitoring system equipment fails; (6) community services available to assist the victim in obtaining shelter, counseling, education, child care, legal representation, and other assistance available to address the consequences of family violence; and. CONDITIONS FOR A DEFENDANT CHARGED WITH STALKING. 14.20, eff. 374, Sec.