Do No Harm - National Center on Domestic and Sexual Violence

1 TTTTTEXASEXASEXASEXASEXAS C C C C COUNCILOUNCILOUNCILOUNCILOUNCIL ONONONONON F F F F FAMILYAMILYAMILYAMILYAMILY Box 161810 Austin, Texas 78716512/794-1133 Fax: 512 Texas2003Do No HarmDDOO N HRRMNOOHAAM: PPrrootteeccttiivvee OOrrddeerrss iinn TTeexxaass 22000033 EEddiittiioonn ACKNOWLEDGEMENTS Updated by Nancy Flores, JD and Lori-Ann Lima, Public Policy Specialists, Texas Council on Family Violence . Original text written by Jodie Reaver. The Texas Council on Family Violence (TCFV) extends our gratitude to the Governor s Office/Criminal Justice Division of Texas, for recognizing the importance of this project and for providing the support needed to make the 2003 Edition of do no harm : protective Orders in Texas possible.

2 We would like to thank our contributing writers, reviewers, editors, and others for their valuable assistance with this edition: Barbra McLendon, Public Policy Director, TCFV Debbie Carter, Public Policy Coordinator, TCFV Diane Aldridge, Public Policy Assistant, TCFV Havilah Tower-Perkins, Communications Specialist, TCFV Diana Meriggi, Communications Coordinator, TCFV We would also like to thank the following contributors for their assistance in previous editions : Bree Buchanan, , Jennifer Corrigan, Iliana Rodriquez, Eduardo Montiel, Kathleen Claps, Sharon Brooks, Travis County Attorney s Office, Michelle Clark, Tina Price, Attorney, Legal Advocate, Women s Haven, Domestic Violence Report, Northeastern University Press, National Institute of Justice, Jim Loveless, Special thanks for agreeing to be photographed for the cover goes to: Sharon Brooks, Chief, protective Orders Division, Travis County Attorney s Office, Joan Myers Carter, SafePlace Sr.

3 Legal Advocate, Judge Mike Denton, County Court at Law No. 4, Domestic Violence Court, Travis County Courthouse, Andrew J. Edel, Deputy, Travis County Sheriff s Office Public Policy Department Barbra McLendon, Public Policy Director Debbie M. Carter, Public Policy Coordinator Nancy Flores, JD, Public Policy Specialist Krista Del Gallo, Public Policy Specialist Lori-Ann Lima, Interim Public Policy Specialist Diane Aldridge, Public Policy Assistant This project is supported by grant # WF-99-14108-02 awarded by the Criminal Justice Division of the Office of the Governor. Points of view or opinions contained within this document are those of the author and do not necessarily represent the official position or policies of the Criminal Justice Division.

4 do no harm : protective Orders in Texas, 2003 EVALUATION FORM Please take a few minutes to fill out the evaluation and fax back! Your feedback is important! The following identifying information is for TCFV s use only and is completely optional. _____ _____ _____ Name Agency Date A=Excellent B=Good C=Needs Improvement D=Terrible 1. Overall impression of do no harm : protective Orders in Texas A B C D 2. After reviewing , do no harm : protective Orders in Texas rate the likelihood of using the information in your public education efforts.

5 A B C D 3. Likelihood of using some or all of the materials in do no harm : protective Orders in Texas in your work with victims of family Violence A B C D 4. Likelihood of sharing or distributing any or all of do no harm : protective Orders in Texas in your work with others in the civil and criminal legal system A B C D Additional comments? This project is funded by a grant from the Governor s Office/Criminal Justice Division and we are required to collect quantifiable data (outcome measures) from recipients. Please complete and fax back to Nancy Flores at 512-685-6396 at your earliest convenience but no later than September 10, 2003 Texas Council on Family Violence , 2003 Evaluation Form DDONNOOTHHAARRMO T M: PPrrootteeccttiivvee OOrrddeerrss iinn TTeexxaass 22000033 EEddiittiioonn TABLE OF CONTENTS Purpose of Protocol.

6 1 Why Are protective Orders Types of protective Magistrate s Order for Emergency Protection ( ) Temporary Ex Parte protective Order (TEXPO) Final protective Orders The Role of the Advocating For Clients (Even if you disagree with her.) The Hearing: Final Protection Preparation For Court What Does the Court Have to Find? How Can the Violence Be Proven? protective Orders, Custody and How Do protective Orders Affect Divorce Orders and Custody Orders (SAPCR)? Protecting the Children: Should protective Orders Address Access, Possession, and Support? How Do protective Orders or Family Violence Affect Visitation?

7 How Do protective Orders or Family Violence Affect Custody? Enforcement of protective What Can a protective Order Do? What Happens If a protective Order is Violated? What Happens If a Victim Changes Her Mind? Frequently Asked Can a protective Order Be Modified? What Are Agreed and Mutual protective Orders? How Must Notice of the Order Be Given? How Much Notice of the Final protective Order Hearing Is the Respondent Entitled to Have? How Are Law Enforcement Officers Notified of the Order? Why is the Entry of protective Orders Into TCIC Important? Are protective Orders from Other States Enforceable in Texas?

8 Are protective Orders from Texas Enforceable in Other States? Common Misconceptions Regarding protective Orders What is Crime Victims Compensation? Texas Council on Family Violence , 2003 DDOO N HRRMNOOHAAM: PPrrootteeccttiivvee OOrrddeerrss iinn TTeexxaass 22000033 EEddiittiioonn ATTACHMENTS A. Civil Protection Orders: Victims Views on Effectiveness B. protective Order Forms/Magistrate s Order for Emergency Protection Forms ( ) Magistrate s Order for Emergency Protection (Spanish and English) Victim Notification Order Application for Further Detention Order for Further Detention C.

9 Temporary Ex Parte protective Order Forms Temporary Ex Parte protective Order and Show Cause Order Temporary Ex Parte protective Order and Show Cause with Exclusion from Residence Motion and Order For Extension Of Temporary Ex Parte protective Order D. protective Orders to Victims of Sexual Assault: SB 433 E. Recent Case Law on protective Orders F. protective Order Forms protective Order Intake Form Application for protective Order Affidavit in Support of protective Order Application Order for Show Cause Hearing on Application for protective Order Order Withholding from Earnings for Child Support Final protective Order with Attachments G.

10 do no harm : protective Orders in Texas Brochure (English/Spanish) H. Motion to Modify Forms Motion to Modify protective Order Order for Modification of protective Order I. Family Violence and Custody in Texas J. Judicial Responses that Empower Battered Women K. Judicial Responses that Reinforce Women s Entrapment L. You Be the Judge: Issuing and Enforcing protective Orders M. Federal Firearms Language N. Motion For Contempt Form O. Obstacles in the Criminal Justice Process P. Advice to Prosecutors: 15 Steps to Making Victims Safer Q. Article Illegal Aliens in State Courts: To Be Or Not To Be Reported to Immigration and Naturalization Service, by Harry J.