Does anyone's office have a set of written policies and/or guidelines for dealing with protective order applications?
We don't have formal written policies but we have a short "cover sheet" on our apps that describe our inter-office rules for applicants. If that would be of interest to you, let me know your email address and I'm happy to send you what we have.
Acknowledgements Restricting Representation
A Protective Order is a civil legal action which I am requesting the Bell County Attorney to bring against
the Respondent. I understand that I will not be charged any fees for initiating this action, but that the
court will charge filing and service fees against the Respondent if an Order is obtained.
The County Attorney’s Office is not going to settle any custody, property, or other disputes, but is only
going to request those things which are necessary to protect me and my household from family
violence. This may include removing the Respondent from my house for up to two (2) years. If the
Respondent is removed from the house, that will be a condition of the order which the Respondent may
not violate. There may be orders entered allowing visitation of the children by the other legal parent. I
may be subject to contempt of court action if I disobey.
A Temporary Protective Order will be requested to protect me until the hearing. No orders are effective
until the Respondent is served with notice in this action. If I cannot provide a good address for service,
this suit cannot go ahead.
At the hearing we may be able to enter an Agreed Protective Order which will make testifying at the
hearing unnecessary. Both the Respondent and I will be bound by the terms of the Agreement, or any
court order entered as a result of the filing of this lawsuit.
The statement I make in this application or the the Judge are sworn to and the Texas Penal Code §37.02
makes it a Third Degree Felony offense to knowingly or intentionally make false statements about
material facts in an official proceeding. The statements made in this Application are true and correct. I
understand the consequences of falsifying any information or for bringing this suit for any reason other
than for my or my family’s protection. I will cooperate with the Bell County agencies assisting me in this
I understand that the State of Texas is filing this action based on my sworn affidavit and that I am a
witness in the case. I will be required to come to court on my hearing date and my failure to appear may
result in the action being dismissed. I agree to testify in this matter when called upon.
I also understand that any information gained by the County Attorney’s Office in this action may be used
in subsequent cases, whether or not I am a witness in those cases. I consent to the County Attorney’s
Office using any information it acquires in the course of representing me in carrying out any other duty
that it has.
The Bell County Attorney represents the Texas Department of Family and Protective Services (CPS) and
conflicts against representing me in this matter may be resolved by the County Attorney withdrawing. I
will seek independent counsel at that time.
Other circumstances that could result in the County Attorney withdrawing include:
I retain counsel for divorce or the Respondent files for divorce and the judge consolidates the
Protective Order Application with the divorce action.
The County Attorney’s assessment that my priority has shifted from personal safety and
protection to child support, child visitation, possession of property or automobiles, alimony, or
other ancillary concerns.
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