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Emergency Protective Order

Emergency Protective Order. What is an Emergency Protective Order (EPO)?. Short-term legal order to protect you from violent behavior Prohibits offender from: Contacting Threatening Coming within a certain distance. What is family violence?.

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Emergency Protective Order

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  1. Emergency Protective Order

  2. What is an Emergency Protective Order (EPO)? • Short-term legal order to protect you from violent behavior • Prohibits offender from: • Contacting • Threatening • Coming within a certain distance

  3. What is family violence? • A family member’s act or threat of violence toward another family member. • Abuse of a child by a family member. • Family violence also includes dating violence while in a relationship.

  4. Family includes: • Blood relatives or relatives by marriage • Former spouses • Parents (married or unmarried) of the same child • Foster parents and foster children • People who share a household

  5. Who can request an EPO? • A victim of family violence. • A guardian of a victim. • An attorney representing the state. • A peace officer. • A judge.

  6. The judge can: • Issue an EPO when the offender appears in court. • Issue an EPO on the “court’s own motion.” • Issue a mandatory EPO if serious bodily harm is caused or a weapon is shown during an assault.

  7. When can I get an EPO? • If you have been abused, harassed, stalked, or threatened. • The offender has been arrested for this behavior. • You are afraid that this behavior will continue.

  8. How do I get an EPO? • Through a police officer, prosecuting attorney, a peace officer, or a victim advocate • Fill out an application • File application with Justice of the Peace or a magistrate judge • Appeal directly to a magistrate judge

  9. What information will I need to give? • Names, date of birth, and descriptors of parties involved. • Offender’s physical description and driver’s license number. • All protected addresses.

  10. Will information be confidential? • You may indicate on the application that you would this information to remain confidential. • However, due to legal considerations, it is not guaranteed that information will remain confidential. • If you fear for your life, it may be best to not list any addresses at all.

  11. Do I need an attorney? • No, but help is available: • Arresting officer • Crisis counselor • Attorney • Court clerk • Magistrate • Victim advocate

  12. How much does an EPO cost? • Requesting an EPO is free of charge.

  13. How long does an EPO last? • Between 31-91 days • Time frame can vary based on circumstances and judge’s discretion. • Cannot renew or extend EPO • Long term protective orders are available.

  14. An EPO is violated when the offender: • Comes within protected zones. • Harasses or threatens you. • Commits further family violence.

  15. If the EPO is violated: • Call the police. • The offender will face: • A fine up to $4,000 or imprisonment for up to one year, or both. • A more severe penalty if there is a prior conviction.

  16. FAQ

  17. What do I do with the offender’s belongings? • It is recommended to make belongings available, or • Put items in storage and deliver the key by mail.

  18. How will the EPO affect my custody order? • An EPO will supersede conflicting custody orders.

  19. What if the offender pays the rent/mortgage? • An EPO overrides any other contractual agreements. • If you are not on the lease, and do not have an EPO, you may be evicted. • An EPO does not release offender from legal obligations.

  20. Can I visit the offender in jail? • Yes, but jail policies vary. • It is recommended that you do not visit the offender in jail.

  21. Can I still contact the offender? • Yes. • Scheduled visitation with children can continue, but cannot take place at locations protected by the EPO.

  22. Resources • SafePlace: 512-267-7233. Also, a personalized safety plan is available at the SafePlace website: http://www.austin-safeplace.org • Texas Council on Family Violence: 1-800-525-1978 • First Call for Help: 1-800-HELP-555 • National Domestic Violence Hotline: 1-800-799-SAFE • Women’s Advocacy Project: 1-800-374-HOPE • Lawyer Referral Service: 1-877-9TEXBAR

  23. Sources • State of Texas, Nueces County: http://www.co.nueces.tx.us/ca/guide.asp • Texas Attorney General’s Office: http://www.oag.state.tx.us/victims/protective.shtml#law • Womenslaw.org: http://www.womenslaw.org/TX/TX_how_to.htm#What%20can%20do%20if%20the%20abuser%20violates%20the%20order

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