The Aransas County Attorney's Office can help you change the pattern of violence that dominates your life!
No one deserves to be hit or live in fear of violence in the home, yet it is a problem experienced by many people. Family Violence knows no age, economic, social, or ethnic boundaries and is experienced by all walks of life. My office is here to help you with available legal processes so that you do not have to face the situation alone.
If you or someone you know is a victim of Family Violence, a Protective Order can help. Please contact us for assistance 361-790-0114.
Richard P. Bianchi - Aransas County Attorney
What is a Protective Order?
A Protective Order is an order from the Court and...
- * Orders a Person not to commit any more family violence.
- * Orders a person to not come within a certain distance of where the victim lives or works and/or of the victim's children, their home, school, day care or baby sitter.
- * Orders a person not to communicate with the victim directly or indirectly in a way that is harassing or threatening.
- * Prevents a person from harassing, annoying, alarming, abusing, tormenting, or embarassing the victim or a member of the victim's family or household.
- * Orders the violent person to move out of the house if you are still living together.
Who is entitled to a Protective Order?
The person who committed the family violence against the victim must be either...
- * Related to the victim by blood or marriage
- * Currently living with the victim or must have lived with them at some time
- * Someone the victim has had a child with
- * Someone the victim has or had a continuing relationship of a romantic or intimate nature.
This includes dating couples.
How to apply?
You will be required to fill out a simple application form giving us information on yourself and the person you are making the complaint against (the respondent). If you cannot fill out the application, we will help you with the process.
The interviewer will take you in their office and gather all the facts and information regarding your case. They will assist you with any questions you may have about the criminal justice system throughout the protective order and Court process.
At this time it will be determined if you need an Immediate Protective Order.
You will also be provided with a list of outside agencies for appropriate services.
What information do we need?
In order to provide you with a Protective Order, we will need the following:
- * A written sworn statement made by you describing what type of violence that has occurred (we can help you write this statement).
- * Any police report that may have been filed (we can help you obtain this report).
- * A current address and description of the person committing the violence.
Protective Order Procedures
You will be going to court free of charge. This legal process does not require you to pay. Once the paperwork is prepared and approved, a hearing will be scheduled within two (2) weeks. The Sheriff's Office will serve the violent person with notice papers to appear in Court also.
The papers consist of the application, the sworn statement describing the violence, and the Immediate Order to keep the violent person from borthing you until the hearing date. This includes keeping the violent person away from your home and work and the children if necessary.
An attorney from my office will represent you in Court and answer any questions that you may have. If the violent person agrees to leave you alone, an Agreed Protective Order will be issued. If he/she does not show up, you automatically get a Protective Order by default. If he/she denies the charges, a hearing will be held in front of the Judge who will decide if you get a Protective Order. Once granted, a Protective Order can last up to TWO YEARS.