EMERGENCY PROTECTIVE ORDER

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1 EMERGENCY PROTECTIVE ORDER WHAT IS AN EMERGENCY PROTECTIVE ORDER? An emergency protective order (EPO) is a short-term criminally enforceable legal court order that is intended to protect you from an offender and prevent any further violent behavior or harassment, including family violence. An EPO is available when the offender has been arrested for stalking or a family violence assault, and is issued when the offender is brought before the judge to determine a bond or bail amount. The EPO can prohibit the offender from: contacting a member of the family or household or the person named in the order; making any threats; and going near the residence, workplace, business of a member of the household or of the person named. The offender may also be restricted from going near a school or day care facility. WHAT IS FAMILY VIOLENCE? Family violence is: any act or threat of violence by a member of a family or household that is intended to physically harm another member of that family or household. abuse of a child by any member of a family or household. an act of dating violence while in a dating relationship (more than a casual acquaintanceship. Family includes: blood relatives or relatives by marriage former spouses parents (married or unmarried) of the same child foster parents and foster children any member or former member of a household (people living in the same house, related or not) WHO CAN GET AN EMERGENCY PROTECTIVE ORDER? An EPO can be requested by: a victim of family violence a guardian of a victim an attorney representing the state a peace officer a judge

2 If you are in the middle of divorce or custody proceedings, you are still eligible for an EPO. However, you must file your application in the same county and court in which your divorce or custody issue is being heard. A magistrate judge may issue an EPO at the time of the defendant s appearance before a magistrate after he or she has been arrested for an offense involving family violence or sexual assault. Also, a magistrate judge can issue an EPO on the court s own motion. This can happen if there is no request for an EPO by the arresting officer or there is no indication whether or not you would like one. The magistrate will consider the paperwork regarding the offender s case along with any other relevant information in determining whether to issue an EPO on the court s own motion. Also, if you have indicated that you are not requesting an EPO, the magistrate can issue an order if the circumstances demand an EPO. An EPO is mandatory and a magistrate must issue one if the offender commits an act that causes serious bodily injury to a victim or the use or exhibition of a weapon during the commission of an assault. WHEN CAN I GET AN EMERGENCY PROTECTIVE ORDER? You can file for an EPO if 1) you have been abused, harassed, stalked, or threatened by a: current or former spouse sibling relative related by blood relative related by marriage current or former roommate person with whom you have a child in common foster parent or foster child person who you are dating or have dated in the past person who has sexually assaulted you; 2) the offender has been arrested for that act; and 3) you are afraid that this behavior will continue. The arrest for family violence alone should be enough to get an EPO. However, the indication that you are fearful of future violence will support your request.

3 HOW DO I GET AN EMERGENCY PROTECTIVE ORDER? You may request an EPO through a police officer, a prosecuting attorney, a peace officer, or a victim advocate. You will have to fill out an application giving information about yourself (or the victim, if you are not the victim) and information about the offender. You will also need to include the address for each location you would like the protective order to cover (i.e. residence, school, workplace). This application will be filed with a Justice of the Peace or any Magistrate Judge. If a police officer or legal advocate is not available, you can contact the magistrate the offender will appear before and make the request directly to the magistrate. You should ensure that you do this as soon as possible, as the time frame in which to request an EPO is limited. You will not have to be present when the EPO is issued. WHAT INFORMATION WILL I NEED GIVE? To get an EPO, you will have to give: the names, dates, birth, and descriptors of the parties involved (including race, ethnicity, gender) the offender s height, weight, hair length and color, eye color, and driver s license number all protected addresses listing complete physical address, including zip code (residence, place of work, childcare, school, any other important locations) WILL THE INFORMATION I GIVE REMAIN CONFIDENTIAL? You will be able to indicate on the EPO whether or not you would like to keep the protected addresses confidential. This is helpful to note if you are planning on relocating to an address that is unfamiliar or unknown to the offender. However, due to constitutional considerations, some judges will not issue an order without a known address. To avoid this, you may write any known address of the victim on your application for an EPO. This means that if the offender violates the order, the prosecution can show that the offender knew that the victim was at that and was found there. Unfortunately, some judges will not issue an EPO without specific addresses listed and will not issue one with confidential provisions. In this situation, it is recommended that you omit listing an address instead of listing an otherwise unknown location.

4 When you are deciding whether or not to include an address, you should consider the likelihood of a violation and/or the attempt on your life or the lives of your family and friends. If you think that the offender is not likely to violate the order and the violence thus far has been minimal, it might be okay to list an unknown address, as long as you understand that it will no longer be a secret. If you feel that the violence has reached a point to where you fear for your life, it might be best to not list any address at all. It is important to understand that marking the address confidential on the EPO does not guarantee that the address will remain confidential and will not be revealed to the offender. DO I NEED AN ATTORNEY TO FILE AN EMERGENCY PROTECTIVE ORDER? An attorney is not necessary, but you may wish to have an advocate to help you through the various phases of the EPO process. An advocate can be an arresting officer (if the offender has been arrested for a prior violence), crisis counselor, attorney, court clerk, magistrate, or victim advocate. A victim advocate may be someone employed by the prosecutor s office or by a local domestic violence shelter or organization. Ideally, a victim advocate will contact you after the offender has been arrested, but before arraignment or magistration. The victim advocate can help you decide if an EPO is necessary and will explain what the order can and cannot do. The victim advocate can also help you fill out the required paperwork, collect all of the information necessary for an EPO, and contact the magistrate to request the EPO. DOES AN EMERGENCY PROTECTIVE ORDER COST ANYTHING? An EPO is free. HOW LONG DOES THE EMERGENCY PROTECTIVE ORDER LAST? An EPO will be effective from between days. If the offender has used or exhibited a deadly weapon, an EPO must be issued for a minimum of 61 days and can last up to 91 days. The judge will decide how long the order will be effective and will consider extra information or special circumstances to issue an order for the greatest length of time allowed. You will not be able to renew or extend an EPO. Instead, if you think you will require protection beyond the time frame indicated in your EPO, you should consider a two-year protective order in addition to your EPO.

5 WHAT IS A VIOLATION OF THE EMERGENCY PROTECTIVE ORDER? A violation has occurred if the offender: comes within the restricted zones listed on the EPO. harrasses you with telephone calls, s, letters. threatens you in any manner (written or oral). commits any further acts of family violence. Also, even if you do not have an EPO, the behavior that is governed by an EPO is still criminally punishable and you can press charges against the offender. WHAT HAPPENS IF THE EMERGENCY PROTECTIVE ORDER IS VIOLATED? If the offender violates an EPO, you should call the police immediately. The offender may be punishable by a fine up to $4,000 or by imprisonment in jail for up to one year or both. If the offender has two or more prior conviction for a violation or has violated the protective order by committing an assault or stalking, the most recent violation is then punishable by 2-10 years confinement and up to $10,000 in fines. FREQUENTLY ASKED QUESTIONS What do I do with the offender s belongings? It is recommended that you make available the offender s belongings. You can do this by having someone you trust pick up and deliver these items to the offender or if you feel comfortable doing so, you can deliver the items yourself to a neutral location before the offender is released from jail. Alternatively, you may put the items in a storage unit and mail or deliver the key to the offender at a later date. How will the EPO affect a custody order? The EPO will supersede conflicting custody orders for the time that is in effect. However, the EPO will only supersede the sections of the order that concern the child(ren).

6 What if the offender pays the rent/mortgage? What do I do if I am not on the lease? Your EPO overrides any other contractual agreement, including leases and mortgage agreements. However, if you are not on the lease and you do not have an EPO, the offender may threaten to have you evicted. The EPO will not release the offender from any legal obligations under the lease or mortgage. If you are unsure about your residential status, you should contact a legal service provider as soon as possible to find out more about your options and what is best for you. Can I visit the offender in jail? Yes. However, some jails have policies in place that do not allow victims with EPOs from visiting an inmate in jail. It is recommended that you do not visit the offender in jail. Can I still have contact with the offender? Can the offender see the kids? Yes. Your EPO does not prevent contact with the offender but does prevent threatening and harassing behavior. Scheduled visitations can continue as long as the terms of the order are followed. For example, if the offender has visitation with the children, he is allowed to do so as long as the visitation does not take place at a protected location.

7 SOURCES: State of Texas, Nueces County: Texas Attorney General's Office: Women's Law.org: %20the%20abuser%20violates%20the%20order