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Advocating for Survivor Safety: Protective Orders

Advocating for Survivor Safety: Protective Orders. 30 th Annual TAASA Conference Carlos G. Salinas, Esq. Texas RioGrande Legal Aid, Inc . Erin Martinson, Esq. Travis County Attorney’s Office. Overview. New Protective Orders Lifetime FVPO Improved SAPO Stalking PO Trafficking PO

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Advocating for Survivor Safety: Protective Orders

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  1. Advocating for Survivor Safety: Protective Orders 30th Annual TAASA Conference Carlos G. Salinas, Esq. Texas RioGrande Legal Aid, Inc. Erin Martinson, Esq. Travis County Attorney’s Office

  2. Overview • New Protective Orders • Lifetime FVPO • Improved SAPO • Stalking PO • Trafficking PO • Bond Conditions? • Challenges in Your Community

  3. Permanent FVPOs • Court may grant FVPO exceeding 2 years if Respondent: • 1) Caused serious bodily injury to the Applicant or a member of the Applicant’s family or household; or • 2) Was the subject of 2 or more previous protective orders.

  4. Permanent FVPOs Cont’d • The two or more previous protective orders must… • Protect the current applicant; and • Contain findings of family violence

  5. Sexual Assault Protective Orders (SAPO)

  6. Former Required Findings for SAPO • 1) Reasonable grounds to believe the applicant is a victim of a sexual assault AND • The applicant is younger than 18 OR • The applicant is the subject of a threat that reasonably places the applicant in fear of further harm from the alleged offender CCP 7A.03

  7. Change to Required Findings • Only required finding is • Reasonable grounds to believe the applicant is a victim of a sexual assault

  8. What kind of orders can the court include in the SAPO? • No Contact = No threatening or harassing contact • No Harass = No engaging in harassing behavior • Stay Away = No approaching home, job, child care or school of the applicant or any member of family or household • No Firearms

  9. Additional Orders • Order the Respondent to take action that the court determines is necessary or appropriate to prevent or reduce the likelihood of future harm to applicant or a member of applicant’s family or household CCP 7A.05

  10. VIOLATION OF PROTECTIVE ORDER ISSUED ON BASIS OF SEXUAL ASSAULT • (a)(1)  communicates directly or indirectly with the applicant or any member of the applicant's family or household in a threatening or harassing manner; • (a)(2)  goes to or near the residence, place of employment or business, or child-care facility or school of the applicant or any member of the applicant's family or household; or • (a)(3)  possesses a firearm. TPC 38.112

  11. Duration of SAPO? • 2 years = default if not specified in order • May be of any duration • Up to the duration of the lives of the offender and victim • Automatic 1 yr. extension if Respondent is incarcerated on date of expiration CCP 7A.07

  12. NEW! Stalking Protective Orders • 2 Types

  13. Stalking Protective Orders in Civil Court • CCP Article 7A Protective Order • Court must find that there are reasonable grounds to believe that the Applicant is the victim of stalking • Possible lifetime duration • Same orders as SAPO

  14. Stalking Protective Orders in Criminal Court • Protective Order may be filed: • As part of a criminal prosecution for stalking; • In the same manner as Title IV of the Family Code (FVPO statute). • Court must find that probable cause exists to believe: • Stalking occurred; and • Stalking behavior likely to occur in the future.

  15. Notes on Stalking POs • 2 very different new stalking PO statutes • Stalking is defined in TPC 42.072 • Stalking requires • Stalker must knowingly engage in conduct that victim will regard as threatening bodily injury or death • Conduct must actually cause fear of bodily injury or death • Victim’s fear must be reasonable

  16. Improving Stalking PO • Applying the Model Stalking Code – course of conduct that actor knows or should know that the course of conduct would cause a reasonable person (in the victim’s circumstances) to: • (a) fear for his or her safety or the safety of a third person; or • (b) suffer other emotional distress • See NCVC.org

  17. NEW! Trafficking PO • Similar to the SAPO • Requires reasonable grounds to believe that the applicant is a victim of trafficking • Applicant also must be the subject of a threat that reasonably place applicant in fear of further harm • No criminal enforcement provision • May last lifetime

  18. Bond Conditions • Criminally enforceable • May result in revocation or bond increase • May be requested in any family violence offense • Can be amended • Pros and cons?

  19. Challenges? • Are judges ordering POs > 2 years? • Are attorneys filing all appropriate POs? • Bothering with non FVPOs? • Pleading in alternative? • Getting bond conditions set? Police making arrests on violations? • Stalking definition? • Are attorneys getting all available orders?

  20. Questions? Carlos G. Salinas (512) 374-2711 csalinas@trla.org Erin Martinson (512) 854-9594 Erin.Martinson@co.travis.tx.us

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