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 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#W hat%20can%20do%20if%20the%20abuser%20vi olates%20the%20order