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Secrets of the Texas Criminal Justice System and Your Rights
Requirements of a Lubbock protective order could affect a criminal case. At a hearing, the accused person is on the record and has the Fifth Amendment right not to incriminate themselves, but the accused may need to say some things on the record at the hearing for a final protective order in order to stave off the protective order. In so doing, statements on the record are binding and the accused should be mindful that charges could follow.
At a hearing for the final protective order, there will be an issue of criminal proceedings and the person seeking the order has the burden of proof that family violence has occurred and that it is likely to occur in the future. This will be placed on the record by the prosecution by asking the person questions regarding what the accused person did. A qualified Lubbock attorney can offer more insight into the matter.
Rules of Evidence and Documents
There are rules of evidence that must be followed. Hearsay is not allowed unless it meets some exceptions, like that the violence seems to be growing over the years.
Any documents that are used as evidence have to be authentic. Evidence is prejudicial, and if it appears more prejudicial than valuable, they need to be excluded. These same rules that apply in court will apply at a protective order proceeding, although, a judge might be more relaxed in a protective order hearing than in an actual trial.
Civil Protective Orders Regulations
A temporary family violence order will order the accused to refrain from threatening or permitting acts of violence. The purpose of the order is to notify the accused that they cannot threaten or harm the person(s) indicated in the order and that they should not have contact with the protected person(s). The requirement of the protective order is that they must stay away from the person. At the hearing, the accused person will have the opportunity to present their side of the story and any evidence which would vindicate them. Otherwise, a final order may be issued involving additional terms.
A temporary order can order the accused to vacate the residence of the person seeking the order. But, in order to make somebody move out, they have got to meet some elements. The accused has to occupy the residence and the same act of violence has to have occurred within the last 30 days, there is a clear and present danger of future violence, the person seeking the order owns or leases the property, or the accused person has a legal obligation to support the other party.
How Long Protective Orders Last
A temporary protective order will remain in effect for 20 days or less until a hearing is held on the application (whichever comes first). If the accused does not have a hearing, the court has the power to extend it for an additional 20-day period, until the person does have the hearing. So anywhere from one to 40 days is the range.
If the accused could somehow arrange for the hearing to be held the day after issuance of the original order, it is done. The original order could last 40 days. If the person does not have the hearing in the first 20 days, the judge can extend the original order another 20 days. To learn about further requirements of a Lubbock protective order, contact a professional attorney today.