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 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.

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: 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

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