Emergency Protective Orders in Family Violence cases in Texas
Austin, TX Attorney, Kevin Bennett, explains the impact that a variety of Emergency Protective Orders have on the defendant in Domestic Violence cases.
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“There’s various types of protective orders here in Texas, but the ones that typically come with a family violence case are going to be what we call Emergency Protective Orders and then 2-year protective orders. Now, Emergency Protective Orders are typically put into place by a judge, at the time that someone has been arrested for family violence. When someone is brought before the judge, the judge has already reviewed the police report and the allegations and if a judge feels that an alleged victim is going to be in immediate danger, than a judge will put, what we call an EPO on a defendant. And that EPO is good up to 90 days, so you typically see them issued for either 30, 60, or 90 days. And those EPOs can create havoc with a family. It can contain what we call a kick-out order, it can kick somebody out of their own homes so when they’re released from jail, they may have nowhere to go. It could keep someone from picking up their children at daycare or school, or from even attending school activities. And the EPOs will typically expire in either 30, 60, or 90 days; whatever the judge has put on there. However, even before an EPO expires, the prosecution could help an alleged victim apply for what we call a 2-year protective order. A 2-year protective order is put in place for a much longer duration, it can actually be up to 2-years. And in certain circumstances a protective order could be issued as a lifetime protective order.”