Texas adults are able to file Applications for Protective Orders to protect their families from violence. The police can arrest a person violating the protective order. The victim gets immediate protection. The violator sits in jail, until his hearing for violating the protective order.
The Texas legislature is moving to increase protection for victims of family violence. In SB 819, the jurisdiction of a court is expanded to allow it to enforce protective orders from another court. If a woman gets a protective order in Dallas and moves to Tyler, the Tyler court could enforce violations of the Dallas order. The witnesses would be in Tyler, so the Tyler court hears the case.
The Tyler court would also be able to enforce a protective order through contempt.
With regards to a “dating relationship” that becomes abusive, an Application for a Protective Order may be filed by a member of the dating relationship, even if the applicant is a child. The child may sign a statement under oath, which will be accepted by the Judge.
The child may be a 15 year old girl dating a violent 20 year old man.
The child may also be a 9 year old girl of a single mother dating a violent man.
SB 819 adds another warning to would be violators, as if drug addicts or abusive spouses read warnings.
“Dating violence” is expanded to include conduct directed against a child. Hitting the mother is family violence. Hitting the mother’s 9 year old girl would also be family violence. Being nice to mommy is not a defense to acts of violence against her 9 year old girl. Indeed, if the mother is in a coma and cannot take action, her 9 year old girl can ask for a protective order on her own.
The legislative session ends May 30th. If SB 819 passes, it will take effect and the trouble will begin September 1st.
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