Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

(Tex. Code Crim. Proc. Art. 7A.03.)
• The Process
The first step to obtaining a sexual assault protective order is filing an application in the county or district
court where either the survivor or the respondent resides. The application will ask for the survivor’s and
the respondent’s identifying information and contact information, as well as a brief description of what
the respondent did to the survivor. It is very important that the advocate not complete the application for
the survivor. The description section must be in the survivor’s own words.
If, from the information contained in the application, the judge decides there is a clear and present danger
to the survivor or a family member of the survivor, the judge will issue a temporary protective order,
called an “ex parte” order. The judge will schedule a hearing to extend the length of the order (or possibly
make it permanent), and the ex parte order should last until the date of that hearing.
During the time the ex parte order is in effect, police and the respondent will both receive notice of the
order and its requirements. Therefore, it is very important not to submit an application if it is not safe for
the attacker to be contacted.
• The Benefits
Many people underestimate the effectiveness of protective orders. It is not uncommon to hear people say,
“It’s just a piece of paper, and it can’t protect you if someone really wants to hurt you.” While nothing is
100% effective at preventing violence, advocates must recognize that protective orders are more effective
than virtually any other legal measure available, short of incarceration.
That is partially because, even though the order itself is “just a piece of paper,” it stands for more than
that in the eyes of many perpetrators. It stands for accountability. Much sexual violence persists because
perpetrators face no consequences from society and those near them. The simple fact that a protective
order is a tangible, visible consequence can sometimes do as much to prevent further violence as the
actual requirements the court gives the perpetrator.
Therefore, if a survivor fears for her or his safety and is eligible to apply for a sexual assault protective
order, help her or him seriously consider that option. It may not be the right choice, but in many instances
they save lives.
Finally, a survivor should always notify local police immediately in the event the perpetrator does
anything to violate the order. As noted above, when the court issues an order, it also sends a copy to police.
Therefore, when the survivor calls, police should know the respondent’s restrictions under the order.
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