Can anyone give me any insight regarding TFC 85.025(c), i.e., duration of protective order when subject of protective order is incarcerated at time of expiration date of original protective order. It seems to me that the extension talked about in this section is automatic. So, if a Respondent is incarcerated on the expiration date of a PO, it seems the PO will be automatically extended until the first anniversary of the date of the Respondent's release from confinement. I am just unsure whether whether anything needs to be filed in order to put anyone on notice of the extension or if it is just an automatic. Any insight anyone can add would be appreciated.
Having said that, however, we have filed motions asking the court to recognize the extension in cases in which the applicant is worried about the release. Otherwise, I think you would have a hard time convincing law enforcement to enforce an order that appears to be expired. We simply ask for an order that the protective order is extended one year from the specific release date.
Posts: 366 | Location: Plainview, Hale County | Registered: January 11, 2005
Jim, thanks for your thoughts. Do you have any sample motions/orders wherein you have requested a court sign off on the extension of a PO that expired while the subject Respondent was incarcerated?
I have an Applicant that is apparently worried about a Respondent's upcoming release. I have never had to deal with this exact issue before so, any samples would be appreciated. I always try to avoid "reinventing the wheel".
