Protective Orders in Texas: A Primer for Advocates

Protective Orders in Texas: A Primer for Advocates
TYPE WHO CAN FILE LENGTH REQUIREMENTS PROHIBITIONS ADDITIONAL INFORMATION AND TIPS
Stalking
Protective Order
Code of Criminal
Procedure, Art. 6.09
An adult or minor
victim of stalking
whose offender
has been criminally
charged with stalking
Two or more years
Probable cause to
believe that stalking
occurred and the
defendant is likely to
stalk in the future
1. Failing to vacate the shared
home, if ordered.
2. Taking or destroying property.
3. Harming or removing a pet.
4. Committing family violence.
5. Threats/harassment
6. Being near the victim and certain
locations.
7. Possessing a firearm.
• Filed at any proceeding in which the defendant appear before the court.
• Victim must be present at hearing to request this type of order.
• Procedure for enforcement is the same as a family violence protective order.
Human Trafficking
Pre-Trial Protective
Order
Code of Criminal
Procedure, Art. 7B.03
An adult or minor
victim of human
trafficking who has
a human trafficking
criminal case or the
prosecutor acting on
behalf of the victim
Until the date the
criminal case is
disposed.
Reasonable grounds
to believe applicant
is a victim of
human trafficking.
Adult victims must
also be subject of a
threat that reasonably
places the victim in
fear of future harm
from the offender.
1. Threats/harassment
2. Being near the victim and certain
locations.
3. Possessing a firearm.
• Filed while the human trafficking case is pending.
• Protective orders issued under CCP Ch. 7B are not presently criminally enforceable.
• May be civilly enforceable through contempt hearings.
• Can be filed in the county where the victim or offender resides.
Human Trafficking
Post-Trial
Protective Order
Code of Criminal
Procedure, Art. 7B.
An adult or minor
victim of human
trafficking who has
a human trafficking
criminal case or the
prosecutor acting on
behalf of the victim.
Any duration or two
years if not specified.
Reasonable grounds
to believe applicant
is a victim of
human trafficking.
Adult victims must
also be subject of a
threat that reasonably
places the victim in
fear of future harm
from the offender.
1. Threats/harassment
2. Being near the victim and certain
locations.
3. Possessing a firearm.
• Filed after the human trafficking conviction.
• Protective orders issued under CCP Ch. 7B are not presently criminally enforceable.
• May be civilly enforceable through contempt hearings.
• Can be filed in the county where the victim or offender resides.
Military PO (MPO)
DoD Instruction
6400.06
DD Form 2873,
Code of Military
Justice Art. 90
Commanding
Officer, victim, victim
advocate, installation
law enforcement,
Family Advocacy
Program or clinician
At the Commanding
Officer’s discretion,
may be short
(e.g., 10 days)
Violence between
current or exspouses,
parents of
same child or cohabitating
partners
1. Failing to vacate the shared
residence
2. Possessing a firearms
3. Contacting protected persons
directly or through third party
4. Other requirements, as directed
by Commanding Officer
5. Required to attend counseling
• The military can enforce a civilian protective order.
• Courts must notify base if a civilian PO is issued against a military member.
• The Commanding Officer can issue a MPO even if a civilian order exists.
• The MPO can be enforced on and off base.
• An MPO cannot be issued against a civilian, even if the victim is military.
• MPO paperwork must be destroyed six months after expiration, so encourage victims to
keep a copy if proof of the order would be helpful in the future.
• If the military member is transferred to a new command, MPO expires.
• How to Apply: Commanding Officers can issue a MPO at the request of a victim,
victim advocate, law enforcement, or Family Advocacy Program staff.
• Enforcement of MPO is totally at the discretion of the Commanding Officer.
For more information, contact the Texas Association Against Sexual Assault at (512) 474-7190 or the Texas Council on Family Violence at 1-800-525-1978. Version 8/2012.