So how is it possible that a defendant can violate a lifetime stalking PO numerous times and receive no more than a Class A misdemeanor for the violations? (PC 38.112) In comparison, a defendant who violates a family violence PO twice in 12 months faces a 3rd degree felony. (PC 25.07).
I've asked TCFV and TAASA, but they're not planning on proposing legislation to "fix" this inequity.
Has anyone besides me had problems with these two statutes?
There's an easy solution -- repeal 38.112 and add the Art. 7a protective orders under 25.07.
I created this chart showing the differences in prosecuting defendants under 25.07 and 38.112.
I'd love to know your thoughts.This message has been edited. Last edited by: Lori J. Kaspar,
September 12, 2014, 12:47
I know a group in Fort Bend County that is planning to make that exact suggestion to our local senator.
September 12, 2014, 15:01
Lori J. Kaspar
Excellent! Can you get me some contact information?