Attorneys: Is a violation of the Penal Code in Texas a criminal offense, civil offense, or maybe either one?

[aingeni]

I am speaking about Texas Penal Code 25.03 which is. INTERFERENCE WITH CHILD CUSTODY:

"A person commits an offense if he takes or retains a child younger than 18 years when he knows that his taking or retention violates the express terms of a judgment or order of a court disposing of the child's custody. An offense under this section is a state jail felony. "

Reference: http://www.bakers-legal-pages.com/pc/2503.htm

Now to me it seems pretty obvious that this is a criminal offense. I know that in some other states, this offense is expressly a criminal act although it CAN be pursued in civil court too. From a practical standpoint, many police departments tell you they will not get involved with custody cases and want you to hire a private attorney vs. their actually enforcing the law. And this is why custody and visitation orders are violated sometimes with absolute abandon. There is little enforcement. But is this a CRIME if it is specifically outlined in the Texas Penal Code?

[westbroc90]

A violation of Texas Penal Code 25.03 is a felony, as well as a violation of a civil court order, but good luck getting the police department to enforce it. I know in Fort Worth, it is the policy of the police department not to do so. Your best bet is to go to the court who wrote the original order and ask the judge for a "writ". That will order the Sheriff to enforce the order. Good luck.

[michelangelo]

Like Jack said the police don't do much about this and most of non violent crimes.
You can have your attorney file a motion for contempt in the court that issued the order.
Sometimes the judge will help you by putting them in jail.