I am researching how different counties are handling extending PO's under FC 85.025(c). From what I have gathered thus far, the agency that entered the PO into TCIC has to be the one to update the expiration date. Begging the question, how is this done? Is an order from the court required? If yes, would there have to be a hearing with notice to the respondent? It seems that the process may be as varied as the number of law enforcement agencies there are in Texas. Any one have any thoughts on this?
In a similar situation I filed an Application For Finding Of Extension of Protective Order a few days before the underlying P. O. would have expired (except for incarceration) and set a hearing on the motion a few days after the "expiration" date. I served the respondent where he was confined and managed to get him bench warranted in for the hearing, though I am not sure getting the confined Respondent to the hearing is required. At the hearing I put on evidence that the Respondent was confined on the date the P. O. would have expired. The court signed an Order Extending Protective Order, finding he was confined or imprisoned on the date the P. O. would have expired. This provides the protected person with an order to show law enforcement evidencing that the underlying P. O. did not expire. It was suggested to try to get a letter from the confining facility projecting a release date, this for the protected person to keep with the extension order to show law enforcement. It may be possible for the protected person to get a victims' advocate to check periodically on release status. You might check with the agency which does the TCIC entry on how they would handle entry of the new order. When I did this in '05 I did not know how. Harry Tindall, coauthor of the annotations to the Sampson & Tindall's Fam. C., was kind enough to answer my email request for information and answered several questions. Linda MaGee, then ACA for Travis Co. also responded to my requests and suggested some of the procedures I followed. They were there for me when I was lost and I really appreciate the opportunity to pass the favor along. If I can be of further help please send an email or contact me in the Bastrop County D.A.'s office at (512) 581-7125.
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