Understanding Subpoenas - Texas Council on Family Violence

18I. SUBPOENA BASICS2. Open records requestsAs a general rule, a shelter will not be considered a public agency for purposes of the<strong>Texas</strong> Public Information Act (“PIA” or “Open Records Act”) and will have no legalduty to release information pursuant to the Act. The Act specifically exempts FamilyViolence shelters from disclosing information about a shelter’s staff, volunteers, boardmembers, clients, and services. 22 If the document is an open records request, aresponse is required even if exemptions apply. The time to reply is short, and thedetermination of whether your agency is subject to open records requirements can becomplicated. Fax the request to your attorney to help you determine the best response.3. Writs of AttachmentIn <strong>Texas</strong> family law, a writ of attachment is a court order to a sheriff or constable inthe state of <strong>Texas</strong> to physically remove a child from one person and deliver the childto another. They are used when one person is refusing to comply with a court orderto return the child to another party, refusing possession of the child as governed by apreviously issued court order, or when the party withholding the child is endangeringthe child. The party seeking the writ must submit a verified pleading or affidavit tothe court setting forth the facts supporting issuance of the writ. 23If the child of a shelter client is subject of a writ of attachment, the shelter shouldneither confirm or deny the child's presence in shelter. The client should be notifiedimmediately about attempted service of the writ and advised to seek legal counselimmediately.22 Tex. Gov't. Code Sec. 552.13823 Tex. Fam. Code 105.001(c)UNDERSTANDING SUBPOENAS