Family Violence

 
 

 

 


"Family violence" includes threats, as well as actual physical harm. It does not include following someone, unless a threat of harm has been made, nor does it include property damage. Damage to another person's property is, however, against the law, as is refusing to leave someone's property when told to do so. Please call your local law enforcement agency and report any such offenses.
The telephone number for the Perryton Police Department is (806) 435-4002. The telephone number for the Ochiltree Sheriff's Department is (806) 435-8000. In case of any life threatening emergency call 911.

The Ochiltree County Attorney's office provides legal representation to citizens of Ochiltree County who have been the victim of family violence. There is no charge to Ochiltree County residents meeting the qualifications for a protective order.

Victims of family violence who wish protection from an abusive family member are encouraged to contact the Panhandle Crisis Center who are available 24 hours a day and will assist in the preparation of all documents necessary to file for a Protective Order.

Employees of the Crisis Center or Diana Wooster, Protective Order Coordinator for the County Attorney's office, are available most days to provide assistance with Protective Order forms or to answer questions.

The County Attorney's office is located at 9 S.E. 5th Avenue and Mrs. Wooster's telephone number is (806) 435-8035.

FAQs

Who are considered family members?

"Family members" include persons who have lived together, including roommates, former members of the family (such as ex-spouses, or members of a former spouse's family); and also includes biological parents of a child, whether they have ever resided in the same house or not.

What qualifies for a protective order?

Protective orders are available to persons who need protection from a member of the same family or household or a former member of the same family or household who has committed family violence against the person requesting the protective order.

Can I obtain a protective order for someone else?

A parent can obtain an order for a minor child. Also, persons applying for a protective order may also include other family members in the order. In other words, a woman can request that the judge order her former roommate to stay away from herself, her parents and her children, because they are members of her family. But a person may not obtain a protective order for someone who would not otherwise be eligible for one.

Where can I file a protective order?

A protective order can be filed in the county where you reside, where the person you wish to be protected from resides, or in the county where the violence occurred. Usually, it is best to file the protective order in your home county, since that is where you will be spending most of your time, and the law enforcement agencies will be more aware of the situation. If you do not reside in Ochiltree County, contact the District or County Attorney in the county where you reside and ask about their policies regarding protective orders.

What is involved in obtaining a protective order?

A completed application is the first step in obtaining a Protective Order. The application states the relationship between the Applicant ( the person requesting the protective order) and the Respondent (the person the Applicant wants to be protected from), the violence the Respondent has committed against the Applicant, and what specific things the Applicant wants the judge to order the Respondent to do. There is also a form to be filled out if the person requesting the protective order wants to remove the person committing the violence from the home. This is generally only used in cases where the Applicant and Respondent are still living together, and the Applicant has nowhere to go for safety. An application for a protective order is available at the office of the Panhandle Crisis Center, 317 South Main Street, Perryton, Texas, 79070.

How much does a Protective Order cost?

The court costs associated with the issuance of a Protective Order will be charged against the Respondent (the person who has committed the violence).

How long does it take to get a Protective Order?

The Temporary Protective Order goes into effect as soon as the judge signs it. A Temporary Protective Order is generally presented to the judge for his consideration and signature within 4 hours after the application is completed. This order will be good for 14 days. A hearing for a final Protective Order will be set within 14 days. At this hearing both sides will be able to appear before the judge and give their side of the story. At the conclusion of this hearing if the judge sees that there is cause for a protective order, he will sign the Final Protective Order which will go into effect immediately and will last for 1 year from the date of signing.

What is an Emergency Protective Order?

This is a 60-day temporary order issued by any magistrate when a person is arrested and in custody for family violence/assault. It can be issued on request of the victim, or on the initiative of the magistrate. This allows for a period of safety for a victim of violence to take the steps necessary to obtain a full protective order, and to ensure his or her safety over the long term. Also, the release of a person who has been arrested for family violence can be delayed for up to 24 hours to allow a victim to make arrangements for a safe place to stay, if the magistrate and law enforcement are aware that the victim needs this time. If you are the victim of such a crime, please communicate with the officers who answer your call, and let them know if you need this extra time.

 
Links


 


Chamber of Commerce

 

9 S.E. 5th
Perryton, Texas  79070
(806) 435-8035
 
© A Tech 4 U 2003