Protective Orders

Everyone has a right to be safe!

WHERE TO GET A P.O.
WHAT TO BRING WITH YOU
WHAT TO EXPECT WHEN YOU GET THERE
EMERGENCY P.O.'s
WHAT THE P.O. ORDER WILL DO
WHAT THE P.O. WILL NOT DO

WHO CAN APPLY?
If  you have recently (within the last 90 days)  been the victim of; (a) physical abuse (pushing, shoving, slapping, hitting, kicking, choking, or any act intended to physically harm another person) or, (b) the threat of imminent danger (the person has to be physically present and able to follow through), AND one of the following relationships apply to you and the person being abusive:

1. SPOUSE  (husband or wife)
2. EX-SPOUSE
3. RELATIVE  (related by blood)
4. IN-LAW  (related by marriage)
5. BIOLOGICAL PARENTS OF THE SAME CHILD
6. LIVE-IN BOY/GIRLFRIEND
7. EX-LIVE-IN-BOY/GIRLFRIEND
8. DATING RELATIONSHIP
9. or if you have been a victim of SEXUAL ASSAULT

AND . . .  you are currently residing in Dallas County or the abusive person resides in Dallas County, then you qualify to apply for a Protective Order.

If there is an active Divorce pending in Dallas County, the application for protection will have to be filed in the Court where the Divorce is filed by the attorney representing you in your Divorce.

If we are prosecuting you for a family violence offense or have prosecuted you for a family violence offense in the past, we cannot represent you in your application for protection.  It would be considered a conflict of interest.

Where Do You Go?
The Family Violence Division of
The District Attorney's Office
At the Frank Crowley Courthouse
133 North Industrial Blvd.
10th Floor
214- 653 - 3528 for info.

Hours
Monday through Friday
8:00 a.m. - 2:00 p.m.
First come, First Serve!
It could take 2-3 hours

WHAT DO YOU NEED TO BRING  WITH YOU?

1. A current state picture I.D. (Texas drivers license or Texas identification card)  OR a person with a current I.D. to identify you.
2. A current and complete address where we can serve the person you are filing against (it is best to serve at work or during daytime hours).
3. The addresses you want to be protected (for example. work, home, school).

 

What to Expect When you Get There!!

• Tell the clerk that you are there for a Family Violence Protective Order.
• The clerk will give you an application to fill out in the victims* waiting room across the hall.
• Then you will talk to a victim*s advocate and give him/her a statement about the abuse.  Please try to remember dates and details about abusive incidents in the past.
• If you want the abusive person to vacate your home, the abuse must have occurred within the last 30 days and you would have had to spend the night in the home within the last 30 days.
• You will receive a date to come to court and a safety plan with resource numbers and information.
• Your picture will be taken for the file for identification.  Pictures of your injuries will be taken if they are still visible.
• Your papers will be filed and go to the judge for signing within 24 hours and a Temporary Ex-Parte Order will be issued (it is not police enforceable).
• Usually the abusive person will be served within 7-14 days, it depends on the information you provide.  These papers will inform the abuser of the upcoming court date.  It is up to him/her whether or not they appear the day of the hearing.  If they choose not to appear, you will be granted the Protective Order by default.
• On the day of your hearing, you and an Assistant District Attorney will appear before the judge and have a hearing. If the judge decides that family violence has occurred and is likely to occur in the future, a Protective Order will be granted.
• You will probably receive your Protective Order at this point.  It is police enforceable.  The only way to enforce the Protective Order is to call 911 !!
• The entire process usually takes at least 14 days. The Protective Order is active for 2 years and is renewable if it has been violated or if the person becomes threatening or physically violent with you again.

Emergency Protective Orders

• The abuser must be in jail at the time of the request for protection.
• The victim, a police officer, a magistrate, or the District Attorney*s Office can request an Emergency Protective Order.
• An Emergency Protective Order is Police enforceable immediately after the magistrate signs the order and gives the abuser a copy.
• It contains the same provisions as the two year Protective Order.
• An Emergency Protective Order can be in effect for up to 61 days.
• Ask your Advocate for assistance if your abuser is in jail when you come to our office.

What the Protective Order Will Do!!

• The protective order will tell the abuser to stay 500 feet from where you live or work.
• The abuser is instructed not to: commit family violence; threaten; threaten through someone else; harrass; or stalk the person applying for protection.
• The protective order can order the abuser to go to specialized counseling for their abusive behavior.
• The protective order is good for up to 2 years

What the Protective Order Will Not Do !!

• A protective order will not order the abuser to stay 500 feet from your body!!
• A protective order is not a bullet proof vest or safety sheild.  You must remain careful and take precautions for you safety.
• A protecive order does not inferfere with court ordered visitation or custody determined by another court.