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Protective Orders in Texas 2003

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Protective Orders in Texas 2003 Do No Harm Protective Orders in Texas 2003 TEXAS COUNCIL ON FAMILY VIOLENCE P.O. Box 161810 Austin, Texas 78716 512/794-1133 Fax: 512/685-6396 www.tcfv.org DO NO HARM: Protective Orders in Texas 2003 Edition 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. 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, J.D., 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, J.D. 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. 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. 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. 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 DO NOT HARM: Protective Orders in Texas 2003 Edition TABLE OF CONTENTS Purpose of Protocol ………………………..……………………………………………………….1 Why Are Protective Orders Important………………………………………………………….…..1 Types of Protective Orders……………..………………………………………………….....….…2 Magistrate’s Order for Emergency Protection (M.O.E.P.) Temporary Ex Parte Protective Order (TEXPO) Final Protective Orders The Role of the Advocate…………………………………………………………………………10 Advocating For Clients (Even if you disagree with her.) The Hearing: Final Protection Orders……………………………………………………………..10 Preparation For Court What Does the Court Have to Find? How Can the Violence Be Proven? Protective Orders, Custody and Divorce……………………………………………………….….12 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? How Do Protective Orders or Family Violence Affect Custody? Enforcement of Protective Orders……………………………………………………………..….16 What Can a Protective Order Do? What Happens If a Protective Order is Violated? What Happens If a Victim Changes Her Mind? Frequently Asked Questions………………………………………………………………………20 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? Are Protective Orders from Texas Enforceable in Other States? Common Misconceptions Regarding Protective Orders What is Crime Victims’ Compensation? Conclusion…………………………………………………………………………………….…..29 ©Texas Council on Family Violence, 2003 DO NO HARM: Protective Orders in Texas 2003 Edition ATTACHMENTS A. Civil Protection Orders: Victims’ Views on Effectiveness B. Protective Order Forms/Magistrate’s Order for Emergency Protection Forms (M.O.E.P.) Magistrate’s Order for Emergency Protection (Spanish and English) Victim Notification Order Application for Further Detention Order for Further Detention C. 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. 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. Joe, Texas Bar Journal, November 2000 (Continued Next Page) R. Specific Protective Order Provisions That May Be Used to Assist Battered Immigrants S. What is Wrong with Mutual Orders of Protection? T. Data Entry Form for Texas Crime Information Center (TCIC) U. Traveling Safely: Enforcing Protective Orders Throughout the United States Brochure (English/Spanish) Do No Harm: Protective Orders in Texas DO NO HARM: Protective Orders In Texas 2003 Edition PURPOSE OF PROTOCOL • 72% of victims reported that their lives had improved; This protocol will identify what benefits • 72% of the women felt better about protective orders offer victims of family themselves; and violence and explain how to obtain those • 74% of the women felt safer with a benefits. It is a resource for family 1 protective order. violence programs, the legal system and other advocates who assist domestic In a follow-up interview with the same violence victims. women six months later: • 85% of the women felt their lives had improved; WHY ARE PROTECTIVE • 93% of the women felt better about ORDERS IMPORTANT? themselves; and • 81% of the women felt safer. Protective order legislation was first enacted in 1979 to combat the problem of family violence. Civil protective orders See Attachment A offer both civil and criminal protections to Civil Protection Orders: Victims’ victims of family violence. Protective Views on Effectiveness orders play a variety of roles in ending family violence, including: In a study conducted on battered women’s decision-making when obtaining protective • To deter future violence; orders, researchers found that 92% of the • To stipulate appropriate and women who obtained orders did so inappropriate behavior; because they were “tired of the abuse.”2 • To reinforce beliefs that family Protective orders carried a message from violence is wrong and needs to be the victims to the abusers that said, “I can stopped; and leave you, and you can’t hurt me for it.” • To emphasize that family violence The women who received orders believed is a crime. that the legal system would “reinforce that The National Center for State Courts conducted a study in which they 1 Civil Protection Orders: The Benefits and interviewed women who had obtained Limitations for Victims of Domestic Violence, protective orders. The women were National Center for State Courts Research Report, 1997.
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