My 9-1-1 Chief came to me asking about Tx. Family Code § 85.025. So if your respondent goes to jail for a few months, once they are released the protective order now lasts 2 MORE years? Does any one put this language in their Protective Orders? Anyone have a dispatcher as about their responsibilities to notify the applicant or the respondent of this extension?
I have used 85.025 several times to extend a protective order. My reading of the language of the statute makes the duration automatically extended but from a practical matter when I am informed of the release date I will draft a motion and order extending and have the judge sign it so we can give notice to the respondent and so the expiration date can be updated with records so it is accurate for police. That way you don't run into a notice issue for a violation of the PO.
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