|
Kendall County's Victim Services Office provides assistance
to victims of crime. Crime victim coordinators are there to help
you with the criminal justice process and can direct you to other
service organizations. Crisis counseling and intervention, court
room advocacy, and protective orders are priorities.
This office
does not get involved with custody, visitation, child support
matters or property disputes.
For such matters you may contact your
attorney.
PROTECTIVE ORDER
THINGS YOU SHOULD KNOW ABOUT PROTECTIVE ORDERS:
A RESTRAINING ORDER is a civil proceeding
where its violation may result in a contempt of court proceeding.
A court hearing is set before the Judge who issued the order.
The Judge may then order the violator to jail. Restraining
orders are obtained through private attorneys and may be incorporated
into divorce proceedings. They are appropriate for many situations.
A PROTECTIVE ORDER is a civil proceeding where its violation is a penal code offense. The violator is arrested by law enforcement officers and taken to jail. Protective orders may be obtained through private attorneys and though State prosecutors. Protective orders may also be incorporated into divorce proceedings. The typical function of a protective order is to remove a violent member of the household from the house for the protection of the remaining household members. There are strict requirements for protective orders. They are issued in cases where violent and harmful behavior is occurring within a family or household.
In this application, you are the Applicant. The person you are
seeking protection from is the Respondent. The Respondent must
be or has been a member of your present or past family or household,
or you must have been in a dating relationship to qualify for a
Protective Order.
Review the questions below to determine if you qualify for a protective order.
Back to Top PROTECTION FROM DOMESTIC VIOLENCE
Orders for protection against family violence are the most common type of protective orders, and in these cases a member of the household must be removed from the home. If you can answer 'Yes' to the four questions that follow, you may qualify for a protective order. Contact our office as soon as possible.
- Do either you or the person you seek protection from reside
in Kendall County? (If not, contact your County of residence.)
- Are you related to this person or have you shared a home
with this person?
- Has family violence occurred?
- Are you worried that family violence
will continue?
Back to Top
PROTECTION FROM DATING VIOLENCE
In 1999, Texas laws were strengthened, and now protective orders are available to persons involved in an intimate dating relationship where violence has occurred. If you can answer 'Yes' to the four questions that follow, you may qualify for a protective order. Contact our office as soon as possible.
- Do either you or the person you seek protection from reside
in Kendall County? (If not, contact your County of residence.)
- Has violence occurred in your relationship?
- Is the person following or harassing you?
- Are you worried that the violence will continue?
Back to Top
PROTECTION FROM HATE CRIME VIOLENCE
Persons victimized by "hate crime"--acts motivated by
bias or prejudice-were given relief by the Texas Legislature in
1999 and included under the umbrella of protective orders. If you can answer 'Yes' to the four questions that follow, you may qualify for a protective order. Contact our office as soon as possible.
- Do either you or the person you seek protection from reside
in Kendall County? (If not, contact your County of residence.)
- Has violence occurred as a result of bias or prejudice?
- Is the person following or harassing you?
- Are you worried that the violence will continue?
Back to Top
DEVELOP
A SAFETY PLAN
Protective orders cannot take the place of common sense. It is wise for a
person who suffers regular abuse to develop a safety plan. Take a moment now
to gather together emergency clothing for you and your children, extra car
keys, and emergency cash. Be sure to put them in a safe location--perhaps with
a trusted friend. Additional guidelines for a safety plan are provided by WomensLaw.org
Back to Top COURT PROCESS FOR PROTECTIVE ORDERS
The court process may be confusing. The Victim Services Office is available
to help your case move through the judicial system.
MOEP: A Magistrate's order of emergency protection (MOEP) is issued at the jail after the arrest of the offending person. The duration of an MOEP is 30 to 60 days.
Protective Order Application: (CLICK
HERE) The application process must be completed in order to petition
the court for a permanent protective order. There is no cost to the Applicant.
Temporary Ex Parte Orders: A temporary protective order which, in some cases, removes the offending person from the home until a hearing may be held. The duration of this order is up to 14 days. An extension may be granted by the court.
Final Orders: The
permanent protective order which restrains the offending person
from going near the protected person for a period of up to two
years.
Back to Top CRIME VICTIM COMPENSATION
Victims of crime have certain rights under the Victims Bill
of Rights. If you have suffered a financial loss which has not
been remedied through such other avenues of courts or insurance,
you may qualify for compensation under the Victims Compensation
Fund http://www.oag.state.tx.us/victims/about_comp.shtml .
As there are numerous qualifying criteria, please refer to the
site of The Attorney General of Texas who has specific information
on Victims Rights http://www.oag.state.tx.us/victims/vict_rights.shtml.
Back to Top
FREQUENTLY ASKED QUESTIONS
What can I do about domestic or dating violence?
The term
Domestic Violence applies to threats, harassment, verbal abuse,
assaults and other physical violence between members of a family
or household.
For relief, contact local law enforcement and Victim Services.
The term Dating Violence applies to threats, harassment, verbal abuse, assaults and other physical violence in a dating relationship even if you are no longer dating the person threatening you. For relief, contact local law enforcement and Victim Services. How
do I obtain a protective order?
The law provides that in very particular
situations, a family or household member may be removed from
the home for the protection of others in the household. If the
removed
person returns to the home in violation of a court order, he
may be arrested by law enforcement and charged with Violation of
Protective
Order. There is no cost to the applicant for protective orders.
Costs of court may be assessed against the Respondent.
How do I obtain a restraining order?
A restraining order varies from a protective order in that a violation will
result in civil contempt of court proceedings instead of arrest. The County
Attorney's Office does not provide restraining orders. Contact a trusted attorney
or the Bar Association for a referral.
If I don't qualify for a protective order, what can I do to protect myself?
To protect yourself, use common sense. Try not to put yourself
in harm's way if you can avoid a confrontation. The best protection
is to walk away before a confrontation begins. If possible,
use the buddy system and have a friend with you.
Also, be aware of the following Penal Code laws in place for the protection of the public. Violation of these laws should be reported to law enforcement immediately. The officer will make a report, and in some cases, may obtain a warrant for the arrest of the perpetrator.
Assault
By threat or Physical Contact: Class C assault is by threat or physical contact without bodily injury. Generally, this offense is filed in the Justice of the Peace Court. Report this offense to a law enforcement agency.
Assault
With Bodily Injury: For Class A assault with bodily injury, the injury may be the sensation of pain, a bruise or reddening of the skin. This offense will be filed in the County Court at Law. Life threatening assaults or an assault involving a weapon may be filed in the District Court. Report these offenses to a law enforcement agency as soon as possible so that evidence may be gathered--photographs, medical records, and witness statements.
Threats: Terroristic Threat is a severe threat which causes a person to be in immediate fear of imminent serious bodily injury. Lesser threats do not apply here. If you receive a serious threat, take immediate precautions to protect yourself and dial 9-1-1 for emergency assistance.
Harassment: Keep a detailed log to document all harassment. In your log, note the date, time, activity and any witness to the act. Harassment is a broad offense which generally applies to abusive communications by telephone or writing. Typically, the person is making obscene, threatening, or repetitive communications. Submit your detailed log of harassment activity to your law enforcement agency.
Stalking: Keep a detailed log to document all harassment. In your log, note the date, time, activity and any witness to the act. Stalking occurs when a person severely harasses another by following, abusing, calling or writing with intent to intimidate and control another. If you believe the person may be parked on your street, it is suggested you contact law enforcement to report the suspicious vehicle. They will investigate and most likely the person will tire of law enforcement scrutiny. Submit your detailed log of harassment activity to your law enforcement agency. Seek further relief by contacting Victim Services.
Back to Top CONTACT INFORMATION
Victim Services Office staff is available to you twenty-four
hours a day, seven days a week.
 |
 |
 |
FRAN CRAIG
Crime Victim Assistance, Director
Office of the Kendall County Attorney
201 E. San Antonio Street, Suite 307
Boerne, Texas 78006
Telephone (830) 249-9343
Cell (210) 289-3042
Fax (830) 249-4176
fran.craig@co.kendall.tx.us
|
VAN FORSLUND
Investigator
Office of the Kendall County Attorney
201 E. San Antonio Street, Suite 310
Boerne, Texas 78006
Telephone (830) 249-9343
Fax (830) 249-4176
van.forslund@co.kendall.tx.us
|
NANETTE CARPENTER
Crime Victim Assistance,
Coordinator
Office of the Kendall County Attorney
201 E. San Antonio Street, Suite 307
Boerne, Texas 78006
Telephone (830) 249-9343
Cell (210) 259-1155
Fax (830) 249-4176
nanette.carpenter@co.kendall.tx.us |
Back to Top
| 
