If you have been charged with a crime listed under Texas Penal Code Chapter 20A, 21, 22, 25.02, or 43, this article may apply to you. Often times when a person is charged with a crime, a court will issue conditions of bond. These conditions of bond may restrict possession and access to a defendant's children. Texas code prevents these bond conditions from superseding an existing court order. See Crim P. Art 17.41 listed below.

If you have been charged with a crime and bond conditions are making it impossible for you to see your children, contact a lawyer who may be able to help.

Texas Code of Criminal Procedure - CRIM P Art. 17.41 Condition where child alleged victim

"(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

(2) Section 25.02 (Prohibited Sexual Conduct).

(b) Subject to Subsections (c) and (d), a magistrate shall require as a condition of bond for a defendant charged with an offense described by Subsection (a) that the defendant not:

(1) directly communicate with the alleged victim of the offense; or

(2) go near a residence, school, or other location, as specifically described in the bond, frequented by the alleged victim.

(c) A magistrate who imposes a condition of bond under this article may grant the defendant supervised access to the alleged victim.

(d) To the extent that a condition imposed under this article conflicts with an existing court order granting possession of or access to a child, the condition imposed under this article prevails for a period specified by the magistrate, not to exceed 90 days."