Member
| Well, 82.002 (c) allows any adult to apply for a protective order to protect a child. With (d) allowing a prosecuting attorney or TDPRS authorized to file to protect any person, it becomes a question of policy as to how you want to handle the delicate circumstances.
Not being a policy maker in my office, I can suggest only thoughts regarding my own experience and ideas.
In the past, I've had one concerned parent file on their child's behalf. Typically, the mother of a daughter who's highschool boyfriend (relationship was 'developed' enough to be a dating relationship) that's gone berzerk will come in with the daughter and be more than happy to help.
We've recently had a 15 year old in need. She's married to a 28 year old. He beats her. Several allegations of family violence, no current convictions. Two pending charges including one class C assault that happened in front of the JP judge!
I guess it's going to depend on the circumstances. I would advise following the sequence of the statute. In the case mentioned above, if if an adult member of her household wouldn't file on her behalf (a), we'd ask any adult related to her to file on her behalf (c), otherwise we'd ask TDPRS to file if they were already involved, or a caseworker from the family agency or advocacy center (In this case: Friends of the Family).
The tricky part for the particular circumstances I've described is: the 15 year old is emancipated by marriage. I had her file her own application, but had she been reluctant, I think we'd have needed to file it ourselves. |
| Posts: 764 | Location: Dallas, Texas | Registered: November 04, 2003 |  
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| I thought the lady said she was with a non-profit and not a state agency. Seems to me people seeking information like that should be directed to TDCAA staff who can determine the legitimacy of the inquirer. |
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