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?  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.

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

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.

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.

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.

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

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.

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.

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

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

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

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

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.

FAQ

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.

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

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.

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

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

Resources  SafePlace: Also, a personalized safety plan is available at the SafePlace website:  Texas Council on Family Violence:  First Call for Help: HELP-555  National Domestic Violence Hotline: SAFE  Women’s Advocacy Project: HOPE  Lawyer Referral Service: TEXBAR

Sources  State of Texas, Nueces County:  Texas Attorney General’s Office: #law  Womenslaw.org: hat%20can%20do%20if%20the%20abuser%20vi olates%20the%20order