the essential guide - Texas Council on Family Violence

Respondents are legally responsible for following <strong>the</strong> terms of <strong>the</strong> order. Victims cannot be charged with“violating” <strong>the</strong>ir own order. Victims hold <strong>the</strong> responsibility to use <strong>the</strong> protective order as a tool for safety.Violations should be reported to <strong>the</strong> police immediately. A violation of a protective order could lead tocriminal consequences such as bond revocation and additional criminal charges, contempt of court andfines. Violation of a protective order (first offense) is a class A misdemeanor or a 3 rd degree felony(second offense). Law enforcement must arrest on any violations which occur in <strong>the</strong>ir presence and mayarrest if <strong>the</strong>y have reason to believe a violation has occurred. If <strong>the</strong> batterer is not still at <strong>the</strong> scene awarrant may be issued. A report should always be made even if no <strong>the</strong>re is no arrest.Law enforcement agencies and state courts are required to recognize protective orders issued in ano<strong>the</strong>rstate or jurisdiction. Though victims are not required to register <strong>the</strong>ir order from ano<strong>the</strong>r state, doing socan make enforcement easier.Magistrate’s Order for Emergency Protection (MOEP)Also known as an Emergency Protective Order, is mandatory if a criminal offense involves serious bodilyinjury or <strong>the</strong> use/exhibition of a deadly weapon during <strong>the</strong> assault. MOEP are issued at <strong>the</strong> batterer’sinitial court appearance at which bond is set and can be requested by victims, guardians of <strong>the</strong> victim,peace officers, prosecutors or magistrates on <strong>the</strong>ir own motion. Victims do not need to be present forissuance. Orders can be issued for up to 91 days depending on <strong>the</strong> facts of <strong>the</strong> offense. A batterer mustbe arrested for a MOEP to be issued because <strong>the</strong>y only occur at <strong>the</strong> initial court appearance post-arrest.Legal Help for Immigrant VictimsImmigrant victims of family violence are among <strong>the</strong> most isolated and vulnerable individuals you mayserve. Many immigrant victims will be unfamiliar with US laws and systems and may not have anysupportive family or friends in <strong>the</strong> area.Batterers commonly terrorize victims with threats that <strong>the</strong>y will be deported if <strong>the</strong>y call <strong>the</strong> police, thatno one will believe <strong>the</strong>ir outcries; and that <strong>the</strong>ir children will be taken away.Our movement works to inform communities that no one deserves to be abused and that help isavailable regardless of immigration status. The federal government recognized immigrant victims ofabuse require support and protection, and enacted legislation to offer that protection.<strong>Texas</strong> Advocacy GuideFor more comprehensive information about immigration legal remedies for victimsof domestic violence and how you can assist as an advocate, see <strong>the</strong> ImmigrationChapter of <strong>the</strong> <strong>Texas</strong> Advocates’ Guide.THE ESSENTIAL GUIDE: AN INTRODUCTION TO ADVOCATING FOR SURVIVORS OF FAMILY VIOLENCE28 | P a g e