TDCAA Community
Protective Order Query

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/8351067731

October 03, 2006, 13:11
Lisa Peterson
Protective Order Query
Grandpa assaulted g'daughter 8 years ago. He went to CA, her family to the metroplex. The offense occured here, so when the offense came to light, it was indicted here. Grandpa is being extradited. He is capabale of posting bond; victim and her parents are frightened.

Question - can we do a PO? There has been phone contact through the years, but no violence or threat.

If so, who has jurisdiction - county of offense or county of victim's residence?

If not, what can be done to aid the victim's family - conditions of bond?

Thanks -
October 03, 2006, 13:22
Gretchen
Frankly, I think the offense is too remote in time for a protective order to be granted. I think conditions of bond would be the most effective. If he violates them, depending on the means of violation, a protective order might be an option then. They can always apply for a civil restraining order (in their county, especially if they can get him served before he bonds out), but of course that's enforceable only by a civil motion for enforcement by contempt and he can't be arrested on a violation of it.
October 03, 2006, 13:49
Scott Brumley
Venue's probably going to be a sticking point. The Family Code sets venue for a P/O proceeding in either (1) the county of the applicant's residence or (2) the county of the respondent's residence. Doesn't really sound like grandpa's voluntarily residing in beautiful Nolan County (criminals rarely demonstrate good taste), and you suggest that the applicant lives in the Metroplex. Bond conditions sound like a good idea. Moreover, if there's any kind of colorable threat that reasonably places your victim in fear of bodily injury upon grandpa's release, you might be able to get to a P/O when coupled with past behavior. In that event, it might be useful to contact the family violence prosecutor in Tarrant/Dallas/Collin/Denton/whatever other Metroplex county that might be the applicant's residence to see about working up such a P/O.
October 06, 2006, 09:39
trinisooner
Can't see a PO being granted. The family might be afraid but the accusation was years ago. Conditions of bond- right way to go