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there we go well if you are not familiar with the Texas Association and get sexual assault but I hope that you are we are your statewide advocacy organization that works to address and eliminate sexual violence and we do this in various ways through our work through public policy training and essentially supporting those who serve survivors of sexual violence so if you're at a rape crisis center if you're at a domestic violence agency or a dual program or any kind of community-based organization doing work with sexual assault survivors please know that we are resource to you we are more than glad to support your work and to help get you the resources you need in the form of training and technical assistance um part of what we do is doing things like this hosting webinars are providing webinars and training we'd love to have your feedback at the end of this session you'll have a link to an evaluation if you have ideas for topics you'd like to hear more about we'd love to hear about that also wanted to make a plug just for our state conference if you've never attended it's a it's a great time of community building and really connecting to the sexual assault movement and also a great opportunity for all those continuing education needs that you have it will be May 17th through May 20th in Houston Texas we are so excited to be there early registration has already started you can check that out on our website Casa conference dot org I hope you'll consider joining us we would love love love to have you there couple other announcements and we have some webinars coming up in December I'm actually working on perhaps adding a third one you know our time starts to kind of slow down in December and I thought it might be a great time to for everyone to have a little bit more continuing education opportunities because we tend to not schedule as much on our calendar the first one coming up is self-care for helping professionals with the trauma lens really excited to get that on the books for the beginning of December because we all need to be reminded that that sometimes all of our self-care kind of gets jammed into the holidays and so it's great to have that dialog at the beginning of December and then to continue our partnership and collaboration with Texas advocacy project their next webinar will be December 12 of coercion and control a study of the social and legal implications of me to dirty John and suicide by text really excited about that content coming up again if you've received our registration emails by webinars you'll receive another reminder at the beginning of December about those upcoming webinars again if you miss a webinar and you'd like to see if we have it posted you can just check out our YouTube channel and most of our webinars tend to end up there so write down that link or go to youtube and just put the Texas Association and get sexual assault and your search button this is really not the best font sorry about that but I just wanted to share with you that we're excited about this continued webinar collaboration with the Texas advocacy project we're so great grateful to have MS Patel here who's a supervising attorney who assists victims of domestic violence and sexual assault of course with family law related matters I won't read it word for word I will let our speaker introduce themselves but I think there's a lot of depth of knowledge here I hope that you will use the chat box to ask questions and we can have a remote over both robust robust webinar today you also have access to the PowerPoint as a handout if you want to follow that link or write down that link at the bottom of your screen I will try to put it in the chat box so that you also have access to it there now if you'll just pardon a little technology swapping we're gonna switch screens to our presenter please hold all right I have unmuted the presenter if they will test their microphone with us everyone we're just getting switched to somebody else's screen hold on oh there we are good afternoon everyone can everyone hear me yes I think so thank you so much for having us I am extremely excited to talk to you all about understanding protective orders in Texas today um like I was introduced I am one of the supervising attorneys here with the Texas advocacy project and it I would welcome any feedback any questions during the process I do have the screen on the right that will give me messages or questions and I'd love to address them as we go forward so feel free to interact and we can get started so the legal disclaimer that I like to go over is just the information contained in our trainings is intended to provide legal information only should not be construed as legal advice for myself or from the Texas advocacy project we of course do not represent your institution so you do have any specific questions legal questions please do direct those to your institution's legal representative pronouns this is a slide that we are especially proud of you'll primarily see he and she in the following presentation I'm gonna try to be very respectful them traditionally or stereotypically the abuser is always a he and she is referred to the victim unfortunately the data and in the area is lacking and of course a lot of DV is and reporting the statistics we have do overwhelm or overwhelming me deal with female victims and the males are the perpetrators but we do recognize the existence and validity of all forms of gender and identity and I will try to respect that in the pronouns that we use the next slide is just a copyright again we're lawyers right this is what we do the word contained in our presentation today it contains all the copyright images and we give those Copyright Act of 1976 the creatives it deserves the quotations and it's and the statistics that we use in our presentation are attributed to the original authors and sources and of course further use of these materials and presentation are restricted so for Yahoo who are joining us and don't know who we are who is the Texas advocacy project we are actually a non-profit law firm providing free legal services to survivors of intimate partner violence sexual assault and stalking anything arising out of that abuse whether it's tenant law custody divorce getting protective orders sometimes into tile line stuff so pretty much anything that steps out of any sort of domestic violence we definitely are here to assist with other services we offer from our program as training and advocacy as like webinars here with Tulsa and education and outreach we do have a lot of things that we do with their communities such as hand knives for hopes and backpacks in August that we provide for supplies and a new start to our families that are going through this process we were established in 1982 and our mission is to prevent a domestic and dating violence sexual assault and stalking throughout Texas through free legal services access to the justice system and education we're committed to advancing our vision so that all Texans live safely in hope and non fear we provide legal advice through our legal lines it's the number where we will provide at the end on our last slide its 1-800 36 for Hope where clients can't call in and schedule a free hour consultation with an attorney we also have an assisted pro se program where we actually help the client to represent themselves importance by giving them instructions and scripts and of course all the documents they need for things like changing modifying court orders getting a divorce getting a protective order things of that nature so today the key takeaways that I hope to cover is number one how Texas law defines crimes and terms related to protective orders the different types that are available of how they work and how they can be issued and of course a brief overview of other protection and practices that are available to keep her survivors safe so the definitions of protective orders and related crimes and terms what is a protective order mostly we say oh is a piece of paper it is actually a court order that is issued to address and prevent continuing acts of family dating violence sexual abuse or assault stalking or trafficking and we'll get into all of that a little through the presentation the biggest misnomer we say is it's just a piece of paper right so in a lot of cases victims who have gotten a protective order or the suspect is actually not violated it and they reported the participants and that study reported that they believe they didn't violate it because the perpetrator is afraid of going to jail so sometimes we say it's just something that can't be enforced or it's a paper that you carry around buddy of course gives these survivors and victims of abuse the confidence and the power they need back to survive and to recover so what are the basis for a protective order of course the protective order is based out of anything to do to Family Violence which includes dating violence sexual abuse sexual assaults trafficking and stalking standard protective orders can be issued for victims of certain apps and we're going to cover some of those starting with Family Violence so what is family violence it's an act by a member of a family or household against another member of the same family or house intended to result in one of two things physical harm bodily injury assault or sexual assault or a threat that reasonably places the member in fear of imminent physical harm bodily injury assault or sexual assault so we need either one not both and the next slide describes what a family and household members are so we can continue it can contain anyone from current or former spouses parents have the same child people who are currently or previously lived together and then relatives by blood or marriage just some of you all who do want to take notes this references for these definitions are in seventy one point zero three seventy one point four and seventy one point zero six so what is dating violence we saw that it was under the umbrella of family violence so it definitely is encompassed with domestic violence family violence which we use interchangeably but a dating models is when the offender and survivor are either current or former dating partners or there's a third party triangle that we will talk about and the offender causes a survivor either physical harm bodily injury sexual assault or causes reasonable fear that one of these is about to happen so like family violence dating violence requires of the survivor have a specific relationship to the offender and to experience harm or fear of immediate harm the next slide is also something we commonly talk about is the love triangle between former dating partners and spouses and their new partners or spouses so example Jane and Sam broke up and Jane began dating wrong it would be dating violence if Sam attacked Rob or vice versa so that is also considered part of dating violence the next ground for a protective order is sexual assault and the definition during the Texas law defines sexual assault in very strict terms a person commits an offense if the person intentionally or knowingly causes the penetration of the anus or sexual organ of another person by any means without that person's consent the cause of penetration of the mouth or another person by the sexual organ of the actor without that person's consent or causes a sexual organ of another person without that person's consent to contact or penetrate the mouth and it's or sexual organ of another person including the actor it's a very common misnomer where we label certain acts as sexual assault but the most important thing to take away from this slide is if there is no penetration then the Act would not be considered a sexual assault under Texas law the Act may need the definition of another sex crime or of course another crime of violence we hear a lot of people even attorneys using that term to describe abusive acts but we need to be careful of how we talk to survivors and as far as what happens to a survivor so we currently correctly label the abuse that they have suffered so it could be an indecency by touch a Class A is so inappropriate touching but again the sexual assault definition definitely requires penetration the next slide talks about another ground for protective orders and it's doggy so what is stalking when offender on more than one occasion and pursuant to the same scheme or course of conduct knowingly engages in harassing in am arresting conduct with reason to note that it will cause your survivor to reasonably fear bodily injury or death for themselves a member of their family or harm to their property stalking includes an offender making a victim feel any of the below harassed annoyed alarmed views tormented embarrassed or affected it's important to distinguish between the legal definition of stocking and the comic definition of stocking that we use in everyday language while some in behavior might be considered as stocking we need to understand that the term is understood and it's important to note that for the purposes of a stop a protective order the behavior must meet the legal definition of stocking which is what we have on this slide in stalking cases and under stalking protective orders there is no relationship requirement between the offender and the survivor for a stalking offense to occur and last we have trafficking what is traffic age human trafficking is just a modern form of slavery it can involve controlling a person through force fraud or coercion to exploit the victim for forced labor sexual exploitation or both most commonly recognized form is sexual trafficking and again trafficking protective order is unique in its own because again there is no requirement that the offender and the survivor know each other and their process of obtaining one is it's different since there is no possible knowledge or relationship between both parties so what is child abuse child abuse is when there's an abuse by a member of the family or household toward a child of the family or household including sexual assault physical violence or threats of physical violence child abuse involves the harm or the threat of harm to a child who is a member of the family or household of the offender this is a written this also has a relationship regarding but you can include accident directly to the child or accident by the offender that indirectly part of the child again child abuse does have a requirement that there is a relationship and it is part of the same household so what is indecent assault indecent assault which is a new definition at section twenty two point zero one two where a person without the other person's consent and with the intent to graph if I are aroused the sexual desire of any person that person one or any of the four touches the anus breast or any part of the genitals of another person or touches another person with the anus breast or any part of the genitals of any person or exposes or attempts to expose any of those or causes another person to contact the blood seminal few and vagina fluids saliva urine or feces of any other person an offense under this section is considered a Class A misdemeanor so what types of protective orders are available to keep survivors safe I know I'm Gor deal with legal definitions but it's so important to get that kind of as a ground foundation because the type of protective orders you seek will depend on the type of crime that had occurred so remember a restraining order is not the same as a protective order so you must be thinking how are they different we have heard attorneys police officers of many people in law enforcement and in the family law Spector use this interchangeably but they are very different and it's extremely important to know the difference so that way we correctly label them and explain that to you our survivors so here is a little chart that defines each one and explains the differences so what I like to tell people is protective orders protect people a restraining order or a temporary restraining order which they usually are always temporary protects property so a protective order is what you usually get when there's a crime for example there is and arrests or there's the civil contempt so both protective order can be enforce in a civil court and a criminal court a protective work can be a separate suit or it can be part of a family petition say in a divorce the protective order can be filed by the survivor the survivors attorney CPS a parent or guardian there are no filing fees for protective orders and usually the duration is two years but it can vary a temporary restraining order like I said only protects property it's not enforceable in a criminal court so it's only in civil court its contempt usually it's filed within a divorce or a suit affecting parent-child relationship which is what a saucer is or any other civil suit the person who files it is usually one of the parties to the civil suit there are filing fees and since it is temporary it can vary from court date to court date what I like to explain as far as a temporary restraining order is say I am getting divorced but I can drain out my accounts and move to Mexico with my new boyfriend my soon-to-be ex-husband can file a temporary restraining order to freeze certain assets or property or bank accounts until the court is able to render a judgment as to who gets how much and how we will split it so a restraining order definitely protects within certain things of civil nature and especially a divorce again court dates can vary so and it can go on for months and months so the temporary restraining order can vary from time to time the judge can extend it so the types of protective orders in Texas there's three magistrates order for emergency protection which we usually call an EPO or an emergency protective order a temporary is part a protective order which is usually known as a text though and then a final protective order and the final protective orders are usually the ones that we talked about that are generally two years in duration now it's also important to know that there's three types they you can ask for one or the other depending on where we're at during the process of the abuse or the criminal case or the civil case but they don't necessarily mean they're sequential so you don't get one after the other sometimes you get one and then you don't get the others or sometimes you just jump ahead and get a final protective order so let's talk about the magistrate's order for mergency protection or an EPO an EVO is the most common type of protective order issued in Texas it's only available after an arrest for something that we've already talked about Family Violence which includes dating violence sexual assault which includes related offenses like child abuse stalking trafficking is issued when the offender is in jail it's time to places not people it's relatively quick and easy and it's in effect for 31 to 91 base so the example I tried to give is when it's time to places not people the emergency protective order protects people at certain locations it can be your house your school at your work it's relatively quick and easy it's done while the offenders in jail and we can the officer usually files a motion and an attorney can file or even a judge can order an emergency protective order and in misdemeanors they can be anywhere from 31 to 60 days in effect and for felonies it's anywhere for 60 to 91 days in effect that again is up to the judge as far as how long the duration is it can be a it can be dependent on criminal history or it can be dependent on the facts of the case so who can request an emergency protective order usually it's requested by the survivor a guardian of the survivor an attorney representing the state a peace officer or the court it's very common for an officer at the scene to determine that it would be necessary or in the best interest of the victim or the victim's household that an emergency protective order be in place again the emergency protective order is something that's immediately put in place so pending the release of the offender and the few days after gives them it gives a survivor a little bit of room to figure out their next step there are situations where judges might intervene rarely a judge will decide to issue an emergency protective order but under the law the judge shall meaning they must issue an emergency protective order if the offense involves series bodily injury to the victim or there was a use or exhibition of a deadly weapon so how in an EPO help survivors an EPO like I said a protective order can be enforced in a civil court in a criminal court most commonly an emergency protective order may prohibit an offender from committing family violence sexual assault or stalking from continuing threats or harassment of course coming within specific distances of certain locations it can also restrict an offender for possessing a firearm and even an offender from communicating in any manner with the victim unless it's through an attorney or a court-appointed person if good causes show so there's a lot of measures that can be taken to ensure the safety and recovery for our survivors through the emergency protective order emergency protective order - typically from him if the offender from committing further month for their family violence but prohibiting all communication with good cause whether there's kids involved or other survivors is also an option I do want to point out that kids who live in the same house and are considered protective parties can be listed as protected persons and their schools can also be listed as protected places where the offender cannot be within 200 yards of so initiating emergency protective orders per warrant case if the suspect leaves the scene and no arrest is made a warrant is usually issued therefore that offender is not in jail so an EPO cannot be issued until that suspect is in custody so what we usually like to tell our survivors is they should consider other protective orders and officers should still inform a survivor about EPO s and collect all the information so that when this suspect is in custody we can't quickly file a not only emotion but also in order to ask the judge to grant an emergency protective order so when a suspect is arrested we usually follow up with the survivor to confirm that the emergency protective order is still needed and of course ensure that the protected address is an information that we would put on the emergency protective order are still correct enough to date a lot of survivors decide to leave or move and so at that point it's very important to make sure depending on how long it takes to get the suspect in custody that the information we have is accurate so that they are safe at their new transition home so what happens if there's a conflicting order sometimes an emergency protective order conflicts with a pre-existing custody order in these cases the usual rule of thumb is the last order issued controls there's only one exception which is the text though that's the temporary ex parte protective order and we'll go over that a little bit the other thing that is good to be mindful of is an emergency protective order does not stop visitation exchanges exchanges to just not be made at a protected address or any address listed in the emergency protective order so around the corner at a gas station the police station or McDonald's is something that's acceptable but unfortunately emerges protective order will not interfere with visitation or custody arrangement as that is a civil matter now we talked about the text though it is issued only after an often saker's and it is something that is done in an emergency and it is case by case status so if a Texas if a temporary ex parte order is in place that is because the offender is not in custody and the judge feels that it is in the survivors best interest that a emergency protective order ex parte is something that needs to be done so that would definitely govern over a regular emergency protective order so a lot of questions a lot of common questions is can an emergency protective order be modified before it expires the answer is yes again given the jury and the short duration of his existence it's really important to file a proper emergency order from the beacon paint but there is an option to file a motion to modify in the issuing court or the port assuming jurisdiction of the underlying offense if all the parties agreed to the transfer a hearing has to be held in order to modify an emergency protective order and all the affected parties must be given notice when the hearing is set so that would include the protected party the respondent or the suspect and the prosecuting agency there are certain situations where the survivor will want to modify the emergency protective order for a variety of reasons whether it's a business that they share with the suspect or it includes caring for children and just their schedules as an advocate it can be super frustrating if a survivor wants to drop an EPO completely again there's a lot of reasons to modify as a new address or if there's a school that needs to be updated and we are the Texas advocacy project have routinely drafted these forms for survivors to modify their protective orders regardless of their situation you hi everybody can you hear me this is Christina yes okay seems like we lost our presenter somewhere along the way I will problem-solve as quickly as possible minam you give give us just a few minutes see if I can get it resolved quickly sorry for the delay everyone will try to resolve it as quickly as possible I'm going to switch presenter screens real quick and go back to the presenter screen and see if that will reconnect them somehow think everybody can hear my voice but not the presenters of your voice oh ok everybody I just got a text message it looks like the presenter on their end just had a system shutdown and they are rebooting right now you can stick around for a few minutes hopefully we'll get it back on track as quickly as possible sorry about that yes yay for technology you know it all looks wonderful and great until it doesn't work for us right I agree it's kind of nerve-wracking to do a webinar - you know when you're the presenter and then you have a technical difficulty I mean you can't see anybody's face right so I don't know how many of you have ever presented a webinar before but it's it's nerve-wracking so I'm sure this is not very helpful but we'll get through it we're all in it together hopefully you saw earlier in the chat box I gave a link to the PowerPoint handout it's just a PDF version of the presentation so far as a reference I know that learning and talking about protective orders is a lot of information especially if you're new to the - the field of work but even when you're not new to the field of work things change and laws change and you know the access points on where and how to get protective orders in different people's communities can be totally different you know I I'm still part of the Dallas community I work for tossa in Austin but I am remote and work in the Dallas area remotely for tossa and I started my career at the in the protective order unit at the Dallas District Attorney's Office and even even the system that I knew very well in Dallas has changed so dramatically over the years that I constantly always had to keep up with that information oh okay it looks like we are able to get started in just a moment I'm just gonna switch back to the presenter screen see if I can find it all right we should be back on track we just changed screens you can just test your microphone no problem looks like we got rebooted on the prisoner end and they're just trying to get back to where they start it all right we see your screen now and you should be unmuted as well can you say hello really quickly so we know that we can hear you still work on it folks no we don't I just got a text message no we can't hear anything on the on the Texas advocacy project end maybe your microphone is muted you're unmuted on as far as the system can can everyone hear me now I'm so sorry okay good we're back in business and then I'm going to try to share my powerpoint and I think we're back on the web on the slide that I'm that I left off of okay can y'all hear me I just need a few more now comments to make okay perfect yeah awesome thank you I will continue okay I'm so sorry about that y'all but you know what I'm sure y'all got tired of hearing me and listening to my voice but I am back and hopefully we'll get through this without another cool y'all's patience so how does the judge decide whether or not to modify an emergency protective order we were talking about that we can ask that it be modified there are three elements all of these must be present before a judge will modify an emergency protective order let's be unworkable for some reason and should not affect the safety of the survivor the original survivor should not be placed in any greater danger as a result of this modification and needs to be shown that any other person protected by the order will not be placed in greater for the modification for example any children other protected persons in the household so of course those are the three elements that need to exist before a judge will decide whether or not to even modify an emergency protective order now again emergency protective orders are not available for arrests and including a Family Violence relationships so there are gaps in the law for example for continuous sexual abuse indecency with a child compelling prostitution and sexual performance by a child definition of child abuse under the Texas Family Code does not include the child of a dating partner if he or she doesn't live with the other partner so again child abuse would be someone within your household or a family member so if a parent were dating and that would be the suspect of the child's child abuse that would not fall under the Texas Family Code definition and of course that would be another gap in the emergency protective order so what do you do in those cases so you can get a temporary ex parte protective order as we had talked about earlier they could have it can actually be obtained without notice to the offender so in very emergency requirements you can go to a judge with an application now I do want to emphasize that a notice requirement is necessary after and temporary ex parte order is issued the basis is or the standard is a clear and present danger of family violence sexual assault abuse stalking or trafficking and can be valid for up to 20 be extended by the judge depending on when the final hearing is in a temporary ex parte order can be enforced both civilly and in criminal courts there's also a thing that's called a temporary ex parte order kick out order it can require the offender so to to ask for this the survivor must include an affidavit that shows that the survivor resided at the residence at least in the last 30 days the Thunderer committed family violence in the last 30 days and that there's a clear and present danger now a temporary expert kick out order can prompt a judge to contact the offender whether it be to get the Thunder side or to let the offender know that the judge is granting this that the offender needs to vacate the premises so it's just good to know that the survivor or to let the survivor know that that is a puss in case that is something that they the survivor may or may not want to deal with the court shall set a date and time for a hearing no later than the 14th day after the date of the application so again since there is no notice to the offender at the time of issuance the time set for a hearing is 14 days again at that 14th day at the hearing if there's any sort of extension or continuance the judge can continue at more than 20 days but of course that is up to the judges discretion and then we're talk about the final protective orders final protective orders can like we've been offenders from committing certain acts any criminal act it can actually require the offender to perform certain acts as well such as a drug offender program or a batters batterers intervention prevention program parenting classes so you can get as creative protective order requirements to fit the survivor and the situation that they're in so a protective order what can it do pretty much anything the court determines is necessary or appropriate to prevent or reduce the likelihood of family violence o future harm and again like we've been talking about the protective order can be enforced both in civil courts and criminal courts so how do you enforce a protective order in civil court you can be held in contempt so that could be jail time or a fine in a criminal court it's usually a misdemeanor unless that there have been multiple violations of a protective order a felony multiple violations will have higher penalties and the charges for a violation of a protective order is in addition to the underlying assault and again in these protective orders the conflicting when there are conflicting orders the most recent one will prevail so what again can you do in a criminal court to enforce these provisions like the specific acts that you can that the offender is prohibited from committing along with these specific ads that they are required to commit or complete will all be to in prohibit family violence and future harm prohibit any threatening or harassing communications such as a no contact order prohibit all communication unless it's unless they can show that it's good cause such as through an attorney or a court-appointed personnel to prohibit conduct likely to harass annoy or embarrass of course to stay away from a residence and other protected addresses which can include work or school addresses we've also noticed that a lot of abusers tend to think outside the box and so we've started adding pets be criminally enforced to make sure that we protect pets along with anyone else than the households and then of course we want to prohibit possession of firearms or ammunition unless the person is a peace officer so they would have to depending on the county and the police department's policy either surrender those five case or the protective order or hand it off to someone who was willing to take responsibility for it so civilly enforceable provisions again staying away from the survivor and other protected parties prohibiting removing a child from possession so even though there's an emergency or a two-year protective order child custody and visitation should still be fought it is something that needs to and can only be modified during a civil court hearing yeah again it allows a visitation with children of course just not at those protected addresses so finding a safe alternate place such as the police station or a shelter anywhere else is something that is definitely still allowed and cannot be prohibited cannot prohibit transfer property or grant exclusive possession of property through a protective order it still request for spousal support and it will require in attendance of the batters program and it can suspend license to carry a weapon so a modification of a protective order is very similar to how we file or we talked about previously a filing action see protective order it can be at the request of either party it can't add or drop restrictions to make sure that the safety measures are attacked so a lot of times to stay away restrictions say if you know dropping the kids off it becomes more of a burdensome than a safety measure can request it as a modification in the alternative it can add increased safety measure as far as now we have a daycare or a second place of employment that we need to add again a modification of a protective order has to have a hearing and a hearing only in the limited purposes of requiring is there to change a protected address so if it's something just technical in that sense an actual hearing is not required in that case a a client with a protective order only need to update their protected address and their information they can send notification to a court through a form and there's no need there's no reason to actually fully modify it other provisions ideally either the district or County Attorney's Office would file a protective order on behalf of the survivor those applications should be filed without regard to criminal charges whether they're filed pending or dismissed and protective orders have a lower standard of proof than criminal cases so the burden is to prove beyond a preponderance of the evidence if you have a client or a parent or guardian who needs one but was told by the district or the county attorney's office they don't qualify for some reason they can always give us a call often they're denied services based on that offices particular criteria doesn't mean they don't qualify under the law some prosecutor offices will only assist where the offender is charged or again specific to the prosecutor it's not required by law so criminal cases require substantially higher proof than protective order cases so the same amount of evidence is not needed again if you have any questions whether or not a particular client should still request or apply for a protective order you can always direct them to us or ask us and we'd be happy to discuss their situation costs for applying we've were very adamant to let every survivor know that there is no court costs related to filing a protective order it cannot be assessed it is in the Texas Family Code and costs can be assessed to the respondent or the offender through a protective order including court costs and attorneys fee to the respondent a very common question can a survivor violate a protective order and y'all aren't already falling asleep the answer is no a peace officer investigating a conduct may constitute an offense under the section 4 violation but may not arrest a person protected by that order for violation of that order so survivors cannot ever be charged with violating their own protective order so this is fairly new in Section 80 2.00 1 if an applicant requests a court may issue an order to keep their applicant to keep the applicants address confidential so it would require the survivor to disclose their mailing address to the court designate a person to receive documents on behalf of the survivor or any notices or documents filed with the court relating to that application and will provide a designated person's mailing address to the court for communication it also requires that the court clerk number one strike the survivors mailing address from public record and require the court clerk to maintain a confidential record of the survivors address for use only by the court and of course mainly prohibit the release of any of this information to be in keeping with best practices for victims of the family applicant seeking of protective order must only provide their name and county in order to initiate the Drupa order not the address however the contents of the notice of the application does require a mailing address so individuals who are represented by attorneys are instructed usually to use the attorneys address but those without an attorney must provide their own so designating a person to receive those into court documents and notices on behalf of the survivor is very very crucial Full Faith and Credit Clause pretty much it's vice versa protective orders from Texas are enforceable in other states just as well as protective orders from other states are enforceable in Texas so if a survivor were to move or were to leave and have it protect address in another state such as their parents house or a temporary Center still be enforced outside of Texas so next we'll discuss specifics for obtaining a final protective order for family violence or dating violence family bonds protective orders the eligibility is of course for any spouses former spouses dady includes exes and persons and romantic involvement members are former members of the same household an adult for the child persons related by blood current partners former partner or firm our partner current partners so again the triangle that we've talked about and then prosecuting attorneys or the Department of Protective Services protective orders we encourage that they be applied in the county of the residence for the applicant or the respondent and it can actually be applied for in any County which in which the Family Violence is alleged to have occurred so what must a survivor prove to obtain a protective order the first application the survivor must prove that family violence has occurred and it's likely to occur again now if the survivor has a prior protective order that is expired or is about to expire in the next 30 days then the survivor must prove to additional which is that the prior protective order or protective order will or half will expand or will expire within the next 30 days and the violation or threat of the harm that reasonably places applicant and fear of imminent physical harm like we talked about the duration of a family violence protective order the most common is two years it is the default if no duration is ordered it can be shorter but usually not longer a very important code that is overlooked is the automatic extension if the fender is confined on the expiration date so the rule is one year from the release date of the sentence for confinement was more than five years and it's two years from the release date if the sentence its confinement for less than five years again it is an automatic extension but we do encourage our clients to go back to court and just have that extension written and ordered and so they do have something in writing to enforce if need be and in the future again automatic extension but it is helpful for a survivor to contact us if the if they have information that the offender is going to be released anytime soon so we can get that paperwork to them so that they can get that signed by a judge so protective orders lasting more than two years usually they're up to the lives of the offender and the victim if mitad an act constituting a felony offense involving family violence against the survivor or a member of the survivors family or household it is not relevant that the offender may not have been charged with or convicted of the offense that is very important if the offender Cod series bodily injury to the survivor or a member of the survivors family or household or if the offender was a subject of two or more previous protective orders to protect the same survivor and after finding that the offender committed family violence that offender is likely to commit family violence of the future so again there are protective orders that can be up to the duration of the lives of the offender or the victim and those definitions are also in the Penal Code there's a quick question in the chat box I'm not sure if you saw that I did what they q is is the extension only if they're confined for reasons relating to the family violence or for any reason it is in regards to the family violence so it would be a offender carrying of five a sentence for the family violence offense the child abuse offense or any underlying offense that would be fourth thank you for jumping in my laptop does not allow me to see the other screens though corrupt if there are any more questions that was a great question someone also asked I mean not a it's not a question about the content but just if you're able to hide the button that says sharing screen because it cuts off the bottom of your PowerPoint from time to time there you that were okay perfect no I appreciate that thank you I'm so scared to touch any more buttons because I don't want this to go out but no I get it I'm the same way I might the webinar starts I'm like I don't want to touch anything yes all right thank you guys okay so like we said the family violence and dating violence is kind of in the Oh in its own umbrella because of the requirements of the relationship and being in the same household but what do you do when you have protective orders when you need a protective order for things like trafficking or sexual assaults abuse and stalking where there is no relationship or the parties may not live together so similar to the protective orders that we've been talking about a survivor a parent or guardian of a child victim and a prosecuting attorney can definitely apply for these a survivor for anything that may not have a family by her household relationship could be a survivor of sexual assault stalking continuous sexual assault of a child indecency with the child indecent assault aggravated sexual assault anything to do with prostitution or trafficking and of course these are new additions to the law to make sure that the protective orders as well again there is no household or family requirement and a survivor of these crimes do not need to have reported the crime to the police in order to be eligible and where can you apply again yes ma'am I'm sorry we have another question I think just wanted to kind of break in before you got any further down the road and so on the chatbox um so is being a suspect in a crime a reason for a restraining order I have a client whose boyfriend was found dead from an overdose and the parental father got an emergency protective order from so great question first I you might have to clarify your question on the box but a temporary restraining order is to protect property a protective order is to protect people at certain places so if I understand you correctly a protective order can be I'm assuming it would be filed against the father is that correct Jillian can you can you use the chat box to clarify your question she said yes it was the father against the mother okay so I'm going back to the chat box to read this so give me one second mother has full custody yeah so the mother so we have mother and father and boyfriend boyfriend was found dead from an OD and the father got an emergency protective order against the mother yes it sounds like okay so technically they can they can the far other can apply for an emergency protective order well not an emergency protective order because somebody has to be incarcerated so unless the mother was incarcerated the father can't get an emergency protective order however the father can get some sort of modification pending based on the fact that the child might be in in danger while in the mother's custody so that might be something that they're getting I'm hoping that it's answering your question as far as a restraining order that would be if there's any property that he would want to freeze in regards to the child but as long as the mother's involved the the parent the father would be able to could request a temporary ex parte which does not require the other party to be in jail and then there would be a hearing up 14 days otherwise it would be a protective order and probably makes more sense to have a modification as far as a child custody until they determine whether or not the child is safe in in mother's hands I hope that answered your question okay thank you okay I'm gonna go back okay we talked about the protective orders where you can apply it's the same thing where the survivor lives where the offender lives or where any element of the offense occurred usually we like to let the survivors apply in the county where they reside just so it's easier for local police shelters and advocates to assist them but it can be in any of these cities or in any of these venues as far as the last one any elements of the offense occurred with trafficking and certain other child abuse or continuous abuse it could occur time and over different County so again they can a survivor can file for a protective order in these crimes and any element of the offense occurred usually a survivor will file in the criminal court prosecuting the offender for stalking so again a required finding because there might not be a likely future harm the court has to find reasonable grounds that exist to believe the survivor is a victim of one of these qualifying crimes whether it's sexual assault stalking or trafficking you do not have to prove that you do not have to show that there is a risk of future harm so again child abuse cases or cases that are in the gaps of a regular family violence protective order we can use an outcry of a statement and that would be a child in a protective order hearing if the child is 13 years or 13 years old or younger and that that child is a victim of continuing sexual assault indecency indecent assault sexual assault or aggravated sexual assault the statement is admissible in the same manner it would be parent-child relationship under the Family Code in a ci il court and then the duration of these protective orders are again two years by default if there's nothing specified in the order and of course they can vary based on case case-by-case situation again there are exceptions to these as well and the duration it can be a protective order for the life of the offender or the survivor so the key differences we talked about the Family Violence protective orders on the left and the protective orders for sexual assault stalking and trafficking on the right Family Violence says family so we know that there's a family or household relationship there there is a requirement of showing likely future harm there is a higher burden for a lifetime protective order there can be a longer extension for shorter and confinement of the resident a respondent like I said it is a two-year extension and automatic extension if the offender was jailed for less than five years and the Alki statement of for a child in a family violence protective order is 12 years or younger now protective order for sexual assault stalking or trafficking again there is no relationship requirement and you don't have to show that it's likely to occur again the lifetime protective order is actually easier tain and the outcry age is actually 13 years or younger so what are some other protections we talked exhaustively about protective orders there's actually one that's called a military protective order it's issued and enforced by the commanding officer it's generally short and duration and include the same elements and requirements in our regular protective orders which are stay-away provisions they can actually kick out and have a kick out order from the military residence they can ask that they the offender surrender weapons keycard and then other orders deemed appropriate given the situation We strongly recommend seeking a protective order under the Texas law in addition to the military protective order the commander's first and foremost duty is to make sure their service member is ready and to protect their victim not have there not be therefore their duty or being weak or having no protection at all will of course interfere with their mission so having them enforce it on base is something that they can do but we also encourage our victims to also get a regular to protect them whether it's off-base or any any addresses or any enforceable provisions that we can do off-base so bond conditions this is a very creative alternate to impose any group related to the safety of the victim of the alleged offense or to the safety of the community some communities judges have leaned towards using bond conditions as an additional level of safety and it can be an effective tool and when used in combination with the protective order but again we're not asking that they be used in place of a perspective Pender's found to be violating his or her bond conditions the judge can revoke that bond and hold the offender in jail pending trial of course if an offender violates the protective water that could be an additional charge so again it's multiple ways to keep the survivors safe how can bond conditions help protect the survivor again it's as creative as judge will allow you to get potential conditions of bond where a Family Violence evaluation is conducted for the offender while they're on pretrial the bond condition can prohibit any contact with or afford to stay away order from the survivor bond condition can require certain classes like we talked about the batter invention prevention program drug or alcohol counseling there's definitely pretrial supervision we can ask for an electronic monitor or GPS tracking enforce curfews do random drug or alcohol testing and again a Vaughn condition violation can send an offender back to jail until the child so I know it's been a long afternoon thank you for staying with me I'm going to go to my last page while I ask for questions here's our 1-800 number and my email address if y'all have any questions that pop up feel free and I'll be happy to answer thank you so much for having us and I hope I think the presentation yeah everybody online thank you for joining us today you can feel free to use the chat box Gillian says that was awesome great job I've also in the chat box at various times put a link to the handout it's just a PDF of the PowerPoint that we walk through today so you should have that you should also get an email oh thanks Carla everyone saying they loved it thank you everyone yeah use it her email address to address any further questions stay in touch with Texas advocacy project they are great read for the survivors that you're working with please stay tuned to information about future webinars I hope to hear from you in December and see you on our next one remember that self-care webinar is coming up that very first week of December it's a great time to take a moment and just reflect on the end of the year well if there are no further questions again thank you everyone and we'll have the recording posted very soon on our YouTube channel please take a moment when you get an email you should get a generated email from go to meeting with an evaluation we'd love to get your feedback about this webinar and ideas for future webinars and and that's it thanks everybody thank you