TDCAA    TDCAA Community  Hop To Forum Categories  Civil    Standing Seek Contempt Family Violence Protective Order
Go
New
Find
Notify
Tools
Reply
  
Standing Seek Contempt Family Violence Protective Order Login/Join 
Member
posted
Family Violence Protective Orders may be punished by contempt of Court (in addition to criminal prosecution). Tex. Fam. Code 81.010, 85.026.

Here's the scenario: Victim A in an adjacent county through their county attorney's office obtains a family violence protective order against Defendant. Months later in Kerr County, Defendant violates the Victim A protective order when he is found with firearms on his person during commission of family violence against Victim B. Kerr County has both the VOPO criminal charge pending and the protective order application for Victim B.

(1) Without the participation of Victim A, would I have standing to seek a contempt order against the Defendant under the original Victim A protective order? Would I have jurisdiction as the original Victim A protective order was entered in the adjacent county, but within the same judicial district?

(2) If not, could the original prosecutor in the adjacent county seek contempt without the participation of Victim A?

(3) Is the protected person under a protective order the only person who can petition a Court for contempt of a violation of the protective order?

Tex. Fam. Code 82.002(d)(1) provides that a protective order application may be filed by a prosecuting attorney, and in the case of Victim A for the original protective order, the case was styled "State of Texas for the Protection of" Victim A v. Defendant.
 
Posts: 15 | Location: Kerrville, Texas, USA | Registered: March 20, 2012Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Civil    Standing Seek Contempt Family Violence Protective Order

© TDCAA, 2001. All Rights Reserved.