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Protective Orders
Leslie Hull - Protective Order
Prosecutor
Alma Powell - Protective Order Secretary
972.932.4331 ext. 1160
FAQs regarding Protective
Orders
Who qualifies for
a Protective Order?
o Members of a dating relationship; and
o Members of the same household:
§ Individuals
living together in the same dwelling unit without regard to whether they
are related; and
§ Individuals
who previously lived in a household; and
o Members of the same family
· individuals related by blood
· individuals related by marriage
· individuals who are former
spouses of each other
· individuals who are the parents
of the same child—without regard to marriage
· foster child and foster
parent—without regard to whether those individuals live together
o Every victim of sexual assault
Who is entitled
to a Protective Order?
o Whoever qualifies and who the court
finds that family violence has been committed against them and is likely to
be committed against them in the future.
Who can file for
a Protective Order?
o Any adult member of the family or of a
dating relationship
Can a minor file
for a Protective Order?
o No
Who can file for
a minor?
o Any adult may apply for a Protective
Order to protect a child from family violence.
How much does it
cost?
o There is no fee for someone who applies
for a Protective Order. If a court grants an application for a Protective
Order, then the court can order the Respondent, the one who committed the
family violence, to pay court costs and the District Attorney’s Office
attorney’s fees.
How does the
Texas Family Code and the courts refer to someone who files for a
Protective Order?
o The Applicant or in some instances the
Protected Person
How does the
Texas Family Code and the courts refer to someone who a Protective Order is
filed against?
o The Respondent
What is family
violence?
o Act by a member of a family or household
against another member of the family or household that is intended to
result in physical harm, bodily injury, assault, or sexual assault; or
o An act by a member of a family
or household that is a threat that reasonably places the member in fear of
imminent physical harm, bodily injury, assault, or sexual assault
What is an
imminent threat?
o Imminent means near at hand; mediate
rather than immediate; close rather than touching; impending; on the point
of happening; threatening; menacing; perilous.
o A threat of imminent bodily
injury requires a present rather than a future threat.
In which County
do you file a Protective Order?
o Where the Applicant lives
o Where the Respondent lives
Who represents you
in a Protective Order?
o As long as you do not have any pending
criminal cases with the District Attorney’s Office in the County, the
District Attorney’s Office of the County you qualify for a Protective Order
in can file a Protective Order for you on your behalf without any cost to
you
o You can hire any attorney
licensed in the State of Texas to represent you in a Protective Order.
How long does it
take to get a Protective Order?
o If you qualify for a Protective Order
and the District Attorney’s Office agrees to take the case, then an
Application for a Protective Order and a Temporary Ex Parte Protective
Order. If the Judge signs the Temporary Ex Parte Protective Order, then a
date must be set within 20 days.
o If an extension of the Temporary
Ex Parte order is ever needed after the first court setting, then the next
court date must be set within 14 days if the Respondent had not been
served. Otherwise you can ask for the rescheduled setting to be within 20
days.
What can you do
to kick the Respondent out of the house?
o If you qualify for a Protective Order,
o If you have lived at your
residence within the last 30 days,
o If family violence has occurred
within the last 30 days,
o then you must:
·
File
a sworn affidavit of the facts that took place requiring the Respondent’s
exclusion of the residence
·
Appear
before the presiding Judge to testify to those facts
o And if the Presiding Judge finds
that there is a clear and present danger that the person to excluded likely
to commit family violence against a member of the household.
If the Respondent
is excluded from the residence, does that mean he is off the title of the
house and is no longer responsible for house payments?
o No, an exclusion paragraph in a
Protective Order does not affect the title of the property.
If a final
Protective Order is granted, what is the Respondent generally prohibited
from doing?
o Directly communicating in a threatening
or harassing manner with Applicant or to any member of the family or
household;
o Communicating a threat through
any person to Protected Person/Applicant or to any member of the family or
household;
o Going within 200 yards of
Protected Person/Applicant’s place of residence or any subsequent place of
residence;
o Removing the children from
Protected Person/Applicant’s custody;
o Going within 200 yards of the
Protected Person/Applicant’s place of employment;
o Going within 200 yards of the
Protected Person/Applicant’s children’s child care facility or school;
o Engaging in conduct directed
specifically toward a person who is a member of the family or household
following the person that is reasonably likely to harass, annoy, alarm,
abuse, torment, or embarrass that person;
o Transferring, encumbering or
otherwise disposing, destroying, or harming of any real or personal
property mutually owned or leased the parties except in the ordinary course
of business;
o Engaging in conduct directed
specifically toward a person who is a member of the family or household,
including following the person that is reasonably likely to harass, annoy,
alarm, abuse, torment, or embarrass the protected person;
o Possessing a firearm or
ammunition unless Respondent is a peace officer, as defined by section 1.07
of the Texas Penal Code, actively engaged in employment as a sworn,
full-time paid employee of a stock agency or political subdivision. The
Protective Order will suspend Respondent’s license to carry a concealed
handgun issued under section 411.177 of the Texas Government Code.
Can you keep the
Respondent from getting your current address, telephone number, place of
employment?
o Yes. You or your attorney can request
the court to exclude this information. If granted, the court will order the
clerk to stride the information from public records and maintain a
confidential record of the information for use only by the court.
What is the
difference between a Temporary Ex Parte Protective Order and a Final
Protective Order after a Hearing?
o A Temporary Ex Parte Protective Order is
only good for 20 days unless there is a request for an extension of the
order.
o No hearing is required for it to
be signed by a Judge unless you are trying to exclude the Respondent from
the residence.
o If the Respondent violates the
order, he is in contempt of court and the Judge can have the Respondent
arrested and fined.
o A Final Protective Order
after a hearing is good for up to 2 years.
o The Respondent must be served
with notice of the hearing at least 48 hours prior to the court setting. He
is entitled to a hearing if he chooses.
o If the Judge grants the Final
Protective Order after a hearing and the Respondent violates the Protective
Order, then he has committed a criminal offense and can be arrested.
Why would an
extension be needed?
o The Applicant of a Protective Order is
responsible for making sure the Respondent has been served at least 48
hours before the court setting.
o If the Respondent has not been
served, then an extension will be needed.
o If the Respondent was not served
with notice at least 48 hours before the court setting, then he can ask for
a rescheduling date an then the applicant can request an extension.
Does the
Respondent have to be served again if they ask for the hearing to be
rescheduled?
o No. As long as they are the one asking
for the rescheduling and they have already received notice, they do not
have to be served with notice again.
If the Respondent
violates a final Protective Order, what are consequences?
o Violation of a Protective Order is a
Class A misdemeanor with a punishment range of up to 1 year in the county
jail and a fine up to $4,000.
Will the Police
or the Sheriff’s Office have a copy of your Protective Order on file at
their office?
o Yes a distribution sheet is given to the
District Clerk’s office designating who the Protective Order is to be sent
to.
o The agency that would respond to
the 911 call at the Protected Person/Applicant’s residence is on the
Distribution Sheet.
o These agencies should keep them
on file for the duration of the Protective Order.
How long is a
final Protective Order good?
o Up to 2 years.
What happens if
the Respondent has been served notice of the hearing for a final Protective
Order and does not show up for court?
o Then it is considered to be a Default
Judgment and the Protective Order will be granted.
Can I get another
final Protective Order after the first one expires?
o If the Protective Order has been
violated or if there is a threatened harm that reasonably places the
Protected Person/Applicant in fear of imminent physical harm, bodily
injury, assault, or sexual assault.
What happens if
the Respondent agrees to the final Protective Order?
o Then a hearing is not needed.
Are the
consequences less if the Respondent agrees?
o No. If the Respondent violates a Final
Protective Order that was agreed to by all parties, the criminal
consequences are the same as if the Judge had granted the Final Protective
Order after a hearing.
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