I see today in the paper that Greg Abbott and Anita Perry have hatched the bright idea to offer a do-it-yourself protective order kit. It is apparently available on the OAG website.

Protective Orders are not my favorite part of being county attorney, but I am generally against do-it-yourself legal services, much the same as I am generally against do-it-yourself appendectomies.

One interesting quote in the article, and I can't remember if it was Mrs. Perry or Gen. Abbott who said it, was that this was because of the high cost of getting help in these situations. I did not realize that I could be charging for doing protective orders. I would be rich by now!

Does anyone else think that this is a half-baked idea? Had anyone else heard about this before it was done?

Just wondering.

It is a terrible idea. Especially when you consider all the ramifications of a protective order. ( custody, gun ownership, etc.)
Judges sometimes feel they must grant them just to be safe no matter the trustworthness of the accusation.

I might have a slightly more upbeat response if those of us who routinely handle protective orders had been consulted before the media was left with the distinct impression that we're either too slothful or disinterested to do so. As to whether I think pro se protective orders are a good idea, I have but two words in response: res judicata. What of the intrepid pro se applicant who prepares the packet as instructed, files her application, has the respondent served, and shows up in court only to discover that the respondent is represented by a lawyer who knows (choose either or both) (a) the Rules of Evidence or (b) the judge. Once she puts on her evidence and gets poured out, those claims are precluded from subsequent relitigation.

Ultimately, it might not be so bad if this was being sold as a last resort, rather than a panacea.

My phone rang off the wall about those yesterday - and I checked out the website fairly carefully without finding the promised "packet".

Since most of my PO applicants have trouble completing my paperwork, much less writing a coherent statement without seriously offending the language - I'm not particularly enthusiastic about their chances of success on their own....

Section 81.007 provides that the county attorney, crim. dist. attorney, or district attorney will be the "prosecuting attorney." Do you think that a pro se applicant or even a private attorney have the authority to file an application?

On the AG main webpage, lower right hand corner, is a link that starts a down load of the PDF. That gets you the "kit". In browsing "the kit" I don't see any hint that us prosecutors can be of any help! I have been harboring the impression for nearly 18 years that this IS my job.
http://www.oag.state.tx.us/newspubs/releases/2005/041205protectiveorder.pdf is the link that will start the download.
What possessed the AG's office to think that no one was doing Protective Orders? Why are our offices not even mentioned? Did the Texas Council on Family Violence have any input on this? What are they doing with the "help" calls?
It seems that the first avenue these victims should be directed to is a county attorney who will handle this in most circumstances.
I am sure judges are going to love these pro se applications suddenly turning up. Classic case of the right hand not knowing what the left hand is doing. John C.A.

I meant lower left hand corner for the AG's "kit".
Its that right hand-left hand thing again!!!
John C.A.

So often a protective order and its hearing turn into early discovery for the divorce and custody - these folks will really be doing themselves a disservice by creating a record on their own.

Judges are going to hate this worse than they have disliked our POs......

Harkening to the ebbs and flows on the Criminal forum, do you think Greg and Anita are ready to step in and offer Toby the Rabbit a pro se packet to save himself from his purgatory of domestically-inflicted abuse?

Toby would probably have just as good a chance of getting everything done correctly and getting a protective order as a lot of the people that I have had come through here. Of course, the "abuser" in Toby's situation apparently has plenty of ready cash to hire a lawyer. Maybe a high-profile case like Toby's that went wrong would shine a spotlight on the inanity of this whole business.

It is my opinion that someone along the line has gotten a little bit carried away. I file so many protective orders for people that I do not think would have a clue how to prepare their own orders to successfully get a protective order. Some of them would not know where to begin without the guidance of The County Attorneys Office.
I have spoken to a few Judges in our County and they have said that people who file this do not understand they will get no help from the system. These will be treated just as Pro Se divorces. Which makes me question what are they going to do when the Respondent does not pay child support (yes that is an option in the "kit") or fails to attend couseling? Under our Orders not attending classes or not paying Court fees is something that we can hold them in Contempt of Court for. I guess The "kit" has left those orders and "How-to-steps out".

I went to a Domestic Violence Task Force meeting in my county this week and all the advocacy groups are very excited about the pro se PO's. I simply asked the question-why are they needed. My office rarely turns down anyone for a Protective Order unless it flat out does not meet the requirements. Their response was several counties in my area refuse to do them. How can they do that? Of course, they assured me I was not the problem. Then why are they training in my county, too?

Is anyone having judges turn to the prosecutor's office when a pro se botches the pro se filing, or to 'assist' the pro se or the court?