Legal Opinion · Dissent

Lee v. State

Court of Criminal Appeals of Texas

Decided November 28, 1990No. 191-88Published

1DissentClinton, Judge

The judgment of the court of appeals is correct; it should be affirmed. Failing that, the petition for discretionary review should be dismissed as improvidently granted.

*755The opinion of the court of appeals advances two reasons for its decision: one, that an agreement between the parties, without more, does not constitute a protective order within contemplation of V.T.C.A. Family Code, § 71.11; two, that “the underlying agreed order must be sufficient to support contempt sanctions before the penal sanctions of [V.T.C.A. Penal Code] § 25.08 are available.” Lee v. State, 742 S.W.2d 80, at 81-82…

2Cases cited4 opinions

  1. Lindley v. Flores, Texas Court of Appeals, 13th District1984
  2. City of Hurst v. City of ColleyvilleCourt of Appeals of Texas · 1973
  3. Magill v. SheffieldCourt of Appeals of Texas · 1981
  4. Lee v. StateCourt of Appeals of Texas · 1987

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