Family Violence: Protective
Orders
What is a
protective order?
A protective order is a civil court order issued to prevent
continuing acts of family violence.
Protective order legislation was developed to
protect and preserve people and includes both criminally
enforceable and civilly enforceable provisions.
The main objective of a protective order is to stop
violence and to protect a person who is being abused by a member
or former member of the same household, extended family
relationships, or of a dating relationship.
Who is entitled
to protection?
In
order to apply for a protective order, the applicant must be:
1. A person who is related to the offender by blood or
marriage (including a former spouse).
2. A person who is currently living in the same
household as the offender, or has lived in the same household as
the offender at some point in the past.
3. A person who has had a child with the offender
(including foster children).
4. A person who has or has had a continuing relationship
of a romantic or intimate nature with the offender.
Who can file for a protective order?
1. An
adult family member on behalf of themselves or on behalf of
another member of the family or household.
2. An
adult member of the dating relationship.
3. Any
adult on behalf of a child.
4. Any
prosecuting attorney.
5. The
Department of Protective and Regulatory Services (DPRS).
What can a protective order do?
A
protective order may prohibit the offender from committing the
following
-directly with a member of the family/household;
-a threat through any person to a member of the
family/household;
-in any manner with a member of the family/household except
through the party’s attorney or court appointed person.
-
Going to or
near the residence, place of employment, business, child-care
facility, or school where a protected person normally resides.
-
Engaging in
conduct directed towards a protected person that is likely to
harass, annoy, alarm, abuse, torment, or embarrass the
protected person. This includes following the person.
-
Possessing a
firearm.
What must the
application include?
1. The
name and county of residence of each applicant.
2. The
name, address and county of residence of each person alleged to
have committed family violence.
3. The
relationship between the applicant(s) and the offender(s).
4. A
request for a protective order.
Where can a protective order be filed?
A
protective order can be filed in the county where the applicant
resides or in the county where the offender resides.
An
applicant can apply for a protective order through the district
or county attorney or a private attorney.
What are the
costs?
No
fees may be assessed against an applicant for a protective order
or a prosecutor representing an applicant for a protective
order.
If an individual is found to have committed family
violence, s/he will be ordered to pay the costs, except on a
showing of good cause or indigence.
How long does
it take to receive a protective order and how long is it in
effect?
A
hearing for the protective order must be held within 14 days of
the application, unless the applicant requests a later date or
the population of the county is greater than 1.5 million.
An
individual can request a temporary ex parte protective order at
the time of application for the final protective order. The
temporary ex parte order is valid for 20 days and is not
criminally enforceable.
The
final protective order is good for up to two years, and under
certain circumstances can be extended for an additional year.
Magistrate’s
order for emergency protection.
The
magistrate’s order for emergency protection (M.O.E.P.) is issued
at the time of an arrest for an offense involving family
violence or stalking.
The
order may be issued on the magistrate’s own motion or on the
request of:
-
the victim of
the offense;
-
the guardian
of the victim;
-
a peace
officer; or
-
the attorney
representing the state.
A M.O.E.P. must be issued if an offender is arrested for
aggravated assault against a family member.
These are offenses that involve serious bodily injury or the use
or exhibition of a deadly weapon during the commission of the
assault.
The
M.O.E.P. contains the same criminally enforceable provision as a
protective order.
What if the
protective order is violated?
CALL THE
POLICE!!!
Law
enforcement agencies should have a list of the protective orders
issued in their area. If an offender violates the order, notify
law enforcement so they can act to arrest the offender and seek
to have charges filed. If a person violates the order in the
presence of law enforcement, the offender must be arrested
immediately.
If
a protective order or magistrate’s order is violated the
offender may be punished by a fine not to exceed $4,000 and/or
jail for up to one year.
If
a person has been previously convicted of violating a protective
order or magistrate’s order two or more times, or has violated
the order by committing an assault or stalking the offender may
be punished by a fine not to exceed $10,000 and/or imprisonment
for two to ten years. A victim should apply for a Protective
Order as soon after the incident as possible.
TEXAS
STATE BAR REFERRAL
JOHNSON COUNTY FAMILY CRISIS CENTER
(To
find an attorney in your area) (For counseling or Women's Shelter)
1‑800‑252‑9690
Office
817‑641‑2343
Crisis Hotline 1‑800‑848‑3206 or 817‑641‑2332
LEGAL
HOTLINE NUMBERS
NATIONAL DOMESTIC VIOLENCE
HOTLINE
(To
answer legal questions)
1‑800‑799‑SAFE
(7233)
1‑800‑955‑3959
1‑800‑777‑3247
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