In 1999, the Texas Department of Public Safety reported that 99 Texas women were killed by their intimate male partners. In the same year, 177, 176 incidents of family violence were reported to law enforcement. However, the Texas Department of Human Services estimates that 841, 654 women were physically abused in Texas in 1999. Protective Orders are important in ending family violence. Its purpose is to:

• deter future violence;
• stipulate appropriate and inappropriate behavior; and
• reinforce beliefs that family violence is wrong and needs to be stopped

The following guidelines will assist you in the process of obtaining a Protective Order at the County Attorney's Office.

A Protective Order is a legal document signed by a District Court Judge after a hearing that may prohibit the offender from:

• committing further acts of violence;
• harassing or threatening the victim, either directly or indirectly by communicating the threat through another person;
• going to or near a school or day-care center that a child protected under the order attends.
• going to or near the victim's residence.

You may file an application for a Protective Order at the County Attorney's Office, Family Protective Order Unit located at the Nueces County Courthouse, 901 Leopard, room 207, and Telephone number 361-888-0391. The office is open Monday through Friday from 8:00 A.M. until 5:00 P.M. and closed from 12 noon until 1:00.

• spouse
• ex-spouse
• guardian
• have a child together
• relative by affinity (marriage)
• relative by consanguinity (blood)
• next friend of a minor
• prosecuting attorney
• representative of the Department of Protective and Regulatory Services

Effective September 1, 2001 includes:

• persons who have or have had a continuing social relationship of a romantic or intimate nature.

You are required to complete an application form giving information on yourself, as a victim, and information of the abuser. An advocate can assist if needed. You may also be referred to other agencies, including the District Attorney's Office to file charges for a criminal offense.

In order to provide you with a Protective Order, the following is needed:

• a police report of any incident within the last thirty (30)days from application date. An advocate can provide assistance if the police report needs to be obtained from the law enforcement agency.
• a statement describing the incidents of violence that have occurred will be obtained from you.(this is included in your application)
• a current address of the abuser (Respondent)
• any photos of injuries, if any.

Upon you calling or appearing in person, an application will be provided and a date will be scheduled for an interview. After the interview, an attorney will review the application. Once the application for Protective Order is accepted for filing all documentation will be prepared. There will be two hearings in which you will be present. They are:

• EX-PARTE HEARING-only the Judge, Attorney, and Applicant (you) are present.
• FINAL HEARING- generally 14 days later. All parties are present (Applicant, Attorney for Applicant, Respondent, Attorney for Respondent and Judge)

If Respondent is served, a final Order may be entered without his/her presence.

An Ex-Parte Order is in effect for 20 days. A final Protective Order (after the final hearing) is in effect up to 2 years from the date issued.

If the Respondent violates the Ex-Parte Order, you may file civil contempt. There is a hearing, a Judge may find a violation and orders a fine up to $500.00 or jail up to 6 months, or both can be imposed. If there is a violation of the Protective Order (final hearing order), you may file a criminal case with the District Attorney's Office for a misdemeanor offense of Violation of Protective Order. The District Attorney's office is located in the Nueces County Courthouse, 901 Leopard, Room 206. For more information you may contact them at 361-888-0286.