CCP Chapter 7: Protective Orders Flashcards
Who Can File an Application for a Protective Order?
- The Victim
- A Parent / Guardian of a Victim younger than 17
- A Prosecuting Attorney for the Victim
What Court Can a Protective Order Application be Filed?
- District Court
- Juvenile Court
- Statutory County Court
- Constitutional Court
What Venue Can a Protective Order Application be Filed?
- the county in which the applicant resides.
- the county in which the alleged offender resides.
- ANY county in which an element of the offense occurred.
- ANY court with jurisdiction over a protective order.
Temporary Ex Parte Order…
if the court finds there is clear & present danger of sex assault, abuse, stalking, trafficking, or other harm to the victim…the court can, without further notice to the offender and without a hearing, enter a TEMPORARY EX-PARTE ORDER for the protection of the applicant.
Is Hearsay Statement of a Child Victim Admissable?
A statement made by a child younger than 14 years old who is the victim and that describes the offense committed against the child is admissible as evidence.
Conditions that can be Specified by Protective Orders?
- communicating
- going near the residence, employment, or school
- engaging in conduct that is harassing, annoying, alarming, abusive, embarassing
- possessing a firearm
- may suspend an LTC
WARNING on Protective Orders
“A person who violates this order may be punished for contempt of court by a fine of $500 or by confinement in jail up to 180 days…or both…
OR - punishable by a $4,000 fine or confinement for one year…or both.
Duration(s) of a Protective Order?
- May be effective for the duration of the lives of the offender and/or victim.
- Any shorter period of time specifically listed in the PO.
- IF NO DURATION listed - the order expires on the second anniversary of the date the order was issued.
Who Can Request to Rescind a Protective Order?
- the victim who is 17 or older
- parent / guardian of the victim who is younger than 17
