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Applicant seeks protective order.

Respondent and Applicant resided in same home for a time.

Respondent was asked to leave and subsequently charged with Criminal Trespass.

Applicant does not wish to prosecute on Assaults (I counted at least 3 in his statement).

Applicant lists relationship as "Partner" on application for proctective order.

States he is in fear of future violence.

Do I have sufficient grounds for PO under 71.005 Household?
Posts: 956 | Location: Cherokee County, Rusk, Tx | Registered: July 11, 2001Reply With QuoteReport This Post
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Section 71.005 states that, for purposes of "household," it does not matter if the persons involved are related. Therefore, it seems to me that you have met that hurdle. Also, if I am reading your post right, could you also use an "intimate dating relationship" under Section 71.0021(b)?
Posts: 366 | Location: Plainview, Hale County | Registered: January 11, 2005Reply With QuoteReport This Post
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Will you file a protective order for a victim if they are unwilling to pursue criminal charges?
Just curious what others are doing.
My application packet for a PO asks if they a willing to prosecute the assault.
Additionally, if I remember correctly, there was a small struggle to get the "household" designation included in the PO staute because it might provide some sort of legitimacy to same sex relationships. Shannon may have more info on that. It was eventually included in the statute so there was not a need to prove-up a common law marriage when a couple had no children together, but were merely shacked-up.
I guess what I am saying is your scenario seems to have been comtemplated before the statute was changed. If I am remembering it correctly.
Posts: 568 | Registered: November 14, 2002Reply With QuoteReport This Post
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