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Adult Probation

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1. What is the difference between Probation and Community Supervision?

Nothing, it is the same thing. The state legislators changed the name from probation to the community supervision and correction department

2. What is the difference between community supervision and parole?

Parole is a period of supervision following release from prison. Community Supervision is an alternate to a prison term. A defendant who has been adjudicated by the court for a criminal offense can have the sentence suspended or set aside with guidelines and placed on supervision.

3. What happen to people placed on supervision?

The sentencing court will order numerous number of conditions and programs to which the probationer must complete and adhere.

4. Does everyone qualify for supervision?

No, some offender by statue are ineligible for supervision.

5. Who placed the defendant’s on supervision?

The judge places the defendants on supervision via plea bargain by the State Attorney, by the jury recommendation or by a bench trial.

6. What is restitution?

Restitution is court order money that the defendant has been order to pay back to victim or victims. Most of the defendants that are court order restitution are allowed to pay off in monthly installments.

7. Who may citizen’s contact or complaint about offenders on Supervision?

A citizen is welcome to contact the office 830-774-7554 or come by the office and speak to the officer in charge.

8. What is the website of registered sex offender in the state of Texas?

The URL for Texas Department of Public safety Sex Offender Registry, Click Here.

9. Who do I contact to report a new crime a probationer has committed?

You need to first contact and make a report to the local law enforcement agency, than you can contact the probationer’s officer in order for this department to take any action.

10. How and where do I make payment?

Payments may be made via money order, cashier’s check or credit cards. No cash or personal checks accepted.

11. What should I bring on my first Office Visit?

You must bring an ID or DL. Copy of high School or higher education certificate and or GED.

12. What happens if I miss my appointment?

A miss appointment consist a violation of supervision. If you miss your appointment it is extremely important to contact your officer as soon as possible. Remember your officer is tight up and it is not you that they have in their caseload. Don’t just show up without an appointment.

13. What is not allowed in the office?

Weapons nor work tools are not permitted at any time in the office. Also not permitted are back packs and/or purses. If a back pack or a purse is brought in it will be subject to search. This department is not a place to bring children. Children should never accompany anyone when they report.

14. What is community Service?

Community Service is volunteer work. The court may order a probationer to perform Volunteer work for a nonprofit organization or government agency that has been approved by the Val Verde Supervision Department.

15. How do I sign up for Community Service?

You must make an appointment with the CSR Coordinator by calling 830-774-7554.

16. I am on probation for DWI or drugs and my conditions say I need to take an approved alcohol / drug education program within 180 days. What is this?

For DWI 1st it is the DWI Class, the standard DWI class consist of 12 hours and is available in our district. (See service render on home web page for information)
For DWI 2nd or more it is also the standard required by the state and it is also available in our district (See service render on home web page for information)
For anyone on a drug charge or that is required to take the drug class it is the Drug Offender Education Program (DOEP). The class consist the standard required 15 hours course and this class is available in our district (See service render on home web page for information).

17. What is Deferred Adjudication?

It is a type of supervision that if it is successfully competed it will prevent a final conviction from appearing on your record, however the arrest and the facts on the case will still come out. There are some cases that do not qualify for Deferred Adjudication.

18. How do I determine if my Driving privileges are suspended?

An individual should call or stop by the Texas Department of Public Safety to check if the privileges has been revoked. One should not drive but rather have someone take them to a DPS office to check if the license has been suspended. Driving while a license invalid or suspended is a violation of the law.

19. I need to prove to my Probation Officer proof I have a GED, high school diploma or a higher education degree but I cannot find it. Where do I obtain a copy?

For GED you may obtain a copy following instructions from this link: http://www.tea.state.tx.us/GEDsearch.html. This only applies if the GED was received in Texas.
For high school diploma you can contact the high school you graduated from for information.
For a higher education you can contact the college, technical school or university for a copy of diploma or/and transcript.

20. How much community supervision does costs?

The court can order an individual on community supervision to pay up to $60.00 a month, plus court costs, program costs and restitution to a victim

21. Can a Probation Officer carry a firearms?

With the right training and qualification, the State of Texas allows a probation officer to carry a firearm if the director approves it.

22. How are my civil rights affected?

When you are placed on community supervision, your Civil Rights can be affected. These include the right to vote, hold public office, and serve on a jury. The Federal Gun Control Act may prohibit you from possessing or buying firearms or ammunition. You can contact the local probation department for more information

23. Can I get a copy of my criminal history or offense report from my officer?

No. You need to contact the Texas Department of Public Safety for a criminal history. The offender must also contact the arresting agency for information about obtaining a copy of the police report

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Civil FAQ's

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1. Does your office provide the forms to file civil actions or divorce proceedings?

The District Clerk’s Office does not provide forms.

2. How do I file an answer once I have been served with a citation?

As indicated on the citation, you have 20 days from the date of service to file an answer with our office.

3. How can I obtain a copy of my divorce decree, judgment or orders?

You may obtain a copy in person or by mail.

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Community Center

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1. What are the hours of operation for the Social Security Services?

Monday - Friday 9:00 A.M to 12:00 P.M.

2. What is the phone number for the Social Security Administration?

Toll Free Number 1-800-772-1213 / TTY Number 1-800-325-0778

3. What are the hours of operation for the Community Center

8:00 AM - 12:30 PM and from 1:30 PM - 5:00 PM

4. How can we find out what is being offered today?

Please view our Val Verde County Community Center Calander

5. How do I find 1690 Cienegas Road

Please see "map" link on Community Center page.

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Criminal Case FAQs

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1. What kind of cases does a County Attorney handle?

The County Attorney prosecutes misdemeanor cases. In Texas misdemeanors are classified as Class A, B or C level misdemeanors. Class C misdemeanors are the lowest level offense and are generally punishable with a fine up to $500.00 and no jail time. They are handled at the Justice of the Peace courts or Municipal courts. Class B misdemeanors are punishable with a range of punishment of a fine up to $2,000.00 and/or 180 days in jail. Class A misdemeanors are punishable by a fine of up to $4,000.00 and/or up to 1 year in jail. Both Class B and A level misdemeanor cases in Val Verde County are handled by Val Verde County Court-at-Law.

2. What is an arraignment?

At a misdemeanor arraignment, the defendant will be allowed to enter a plea to the offense charged. He may enter a plea of guilty, no contest or not guilty. If the defendant enters a plea of not guilty; the defendant is given an option to hire an attorney or request the court to appoint an attorney. The court may reschedule the case for a plea agreement docket to allow him the opportunity to discuss the case with his court appointed attorney. If the defendant enters a plea of guilty or no contest, he waives his right to counsel and is given the opportunity to speak to the prosecuting attorney regarding his case. The County Attorney does not speak to anyone prior to an arraignment. All conferring is conducted in the courtroom and only after the defendant has been arraigned by the Court and the defendant has signed a waiver of counsel.

3. What happens at the Plea Agreement docket?

In traffic and non-traffic misdemeanor cases, this is the defendant's second court appearance. It is a scheduled hearing between an Assistant County Attorney and the defendant (or his attorney) to determine whether the case will go to trial or be resolved with a plea. These hearings focus on resolving the case short of trial. If a plea bargain is going to be offered by the Prosecutor, it is done here

4. What does a trial consist of?

Many other events can occur prior to trial. Depending on the nature of the case, there may be pre-trial hearings on Constitutional issues (confessions, searches, identification, etc.). The issues are presented to the Court through written "motions" (e.g., Motion to Suppress Evidence, etc.). The judge must determine whether evidence will be admitted or suppressed at the defendant's trial, whether there is some legal reason why the defendant should not be tried, or decide other ground rules for trial. If the defendant has counsel at this time discovery with information on the case will be made available to the defendant's attorney. The Val Verde County Attorney’s office has an open file policy. All written and recorded material is available during regular business hours for viewing and/or inspection.

A trial is an adversary proceeding in which the County Attorney must present evidence to prove the defendant's guilt beyond a reasonable doubt. The defendant is not required to prove his or her innocence or to present any evidence.

Both the defendant and the County Attorney (representing the State of Texas) have the right to a trial by a jury. Sometimes, both sides agree to let a Judge listen to the evidence and decide the case without a jury; this is called a "bench trial". In a jury trial, the jury is the "Trier of fact"; in a bench trial, the judge is. After the evidence is presented, the judge or a jury will determine whether the evidence proved that the defendant committed the crime.
In Texas a criminal trial is a "bifurcated" trial. The first phase of the trial is called the guilt/innocence phase of the trial. After the presentation of this phase the jury, or the Judge if it is a bench trial, will only determine whether the defendant is innocent or guilty of the offense(s) alleged in the information. If the defendant is found innocent that is the end of the trial. If the defendant is found to be guilty then the next phase of the trial will be held. This phase of the trail is called the punishment phase. The defendant can elect to have his punishment assessed by the jury or by the Judge.

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Criminal FAQ's

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1. The Court deferred adjudication of my guilt and placed me on probation and my probation has since been terminated. Is this record available to potential employers, etc?

Yes - the District Clerk will always have a record of the action taken on your case (cause), even in instances of deferred adjudication. Article 42.12, section 5(f), Code of Criminal Procedure specifically states that a record in the custody of the District Clerk regarding a case (cause) in which a person is granted deferred adjudication is not confidential.

2. How can I file for a Petition of Non-Disclosure of my deferred adjudication?

Unfortunately, our office is unable to provide legal advice regarding non-disclosure for deferred adjudicated. However, the specific page providing information and forms to non-disclosure for deferred adjudication on the Office of Court Administration page can be found here: Texas Courts Rules - Forms

3. Where do I go to file charges against someone who has committed a crime?

If you have been a victim of a criminal offense, you should contact the nearest local law enforcement agency to conduct the investigation and file the appropriate criminal charges through the District Attorney’s Office.

4. I was a victim of a criminal offense. Where can I go to get information or assistance concerning the status or outcome of the case (cause)?

If the case (cause) has been filed with the District Clerk’s office you may contact us at (830) 774-7539. If the case (cause) has not been filed with the District Clerk’s office, please contact the District Attorney’s Office at (830) 774-7562.

5. How do I expunge my criminal case (cause)?

Since we are unable to provide legal assistance, you should review the Code of Criminal Procedure Chapter 55, relating to expunctions or seek counsel from a licensed attorney, please review CR.55.pdf

6. How does a government agency get copies of criminal records?

A government agency may obtain the most efficient service by faxing a request on the agency’s official letterhead to (830) 774-7643. If not already displayed on your letterhead, please include a return mailing address and contact person to address returned service. Also, please let us know if your needs require a mailed certified copy or whether a faxed copy is sufficient. You may also obtain this information by writing on your official letterhead to Val Verde County District Clerk, Attn: Criminal Department, P.O. Box 1544, Del Rio, Texas 78841. In fulfilling all requests, please include the defendant’s name(s), case (cause) number(s) and item(s) you want returned. (e.g. case(cause) #1234567 - Certified Copy of Judgment and Sentence).

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District Clerk

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1. Why is Jury Service Important?

The United States Constitution and the Texas Constitution guarantee all people, regardless of race, religion, sex, national origin, or economic status, the right to trial by an impartial jury. Justice ultimately depends to a large measure upon the quality of the jurors who serve in our courts.

2. What is my Duty As A Juror?

As a juror, you must be fair and impartial. Your actions and decisions must be free of any bias or prejudice. Your actions and decisions are the foundation of our judicial system.

3. How Was I Selected?

You were selected at random from a list of voter registrations and a list of driver registrations from the county in which you reside.

4. What Are The Different Types of Cases?

There are two basic types of cases, criminal and civil (including family cases).

Criminal Cases
A criminal case results when a person is accused of committing a crime. You, as a juror, must decide whether the person charged is guilty or not guilty. The accused person is presumed innocent, and the State, represented by the District or County Attorney, must prove guilt "beyond a reasonable doubt."

Civil Cases
A civil case results from a disagreement or dispute between two or more parties. In a civil case, you, as a juror, must answer questions of disputed facts based upon the testimony and evidence admitted by the judge. The answers to these questions are called the verdict.

5. Will I Be Paid For Being a Juror?

Yes. You will be paid a minimum of $6.00 for the 1st day you report for jury and $40.00 each day after.

6. Must My Employer Pay Me While I Am On Jury Duty?

Your employer is not required to pay you while on jury duty; however, employers are prohibited by law from firing an employee for serving as a juror.

7. Who Can Have A Jury Trial?

Any person charged with a criminal offense or any party to a civil case has a right to a jury trial. All parties are equal before the law and each is entitled to the same fair treatment.

8. Are There Rules About Jury Conduct?

Yes. The Texas Supreme Court has rules to assist you in your conduct as a juror, which will be given to you by the judge.

9. What If I Fail To Respond to a Jury Summons or Give Incorrect Information to Get Out of Service?

The consequences of not appearing for jury service or falsely claiming an exemption can involve a fine, contempt of court and/or criminal penalties.

10. How Is A Juror Selected for a Particular Case?

Cases will usually be heard by juries of 6 or 12 jurors. A larger group called a panel, will be sent to the trial court (courtroom) where the jurors will be questioned under the supervision of the judge. A juror may be excused from the panel if it is shown that the juror cannot act impartially concerning the case to be heard. In addition, each side is allowed to remove a given number of jurors from the panel without having to show any reason. The trial jury will be the first 6 or 12 of the remaining jurors on the panel.

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E-Filing FAQ's

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1. Is your Case Management System integrated with the Efiletxcourts.gov system?

Yes

2. Should Case Info Sheet be submitted as an attachment to the petition or as a separate filing?

Should be the last page of the petition, if not, then it must be submitted as a separate lead document.

3. Should any exhibits be submitted as attachments to petition or as separate filing?

Exhibits should be merged into the lead document for a single filing.

4. Are citation requests, copies, etc., under Optional services or as a Filing Code for a separate filing?

Citations or other service documents request would be under the filing codes, but copies are under optional services.

5. How do I pay for the copies when requesting a citation?

After you select your service document from the drop down menu, depending on service provider, you will either add copies or select additional services to apply copy fees. The copy fees are per page, not per document. (i.e.…If your petition is 5 pages, you will pay for 5 copies at .50 per page

6. Do Notices, Orders, etc., that should not be file stamped have to have a cover letter as the lead document?

Yes

7. How do I electronically file a Jury demand?

For new suits: Go to optional services menu and select “jury demand fee paid” the click the “add” button. For subsequent filings: Choose the :no fee document” filing code, then go to optional services menu and select “jury demand jury fee paid” then click the “add” button

8. What is the phone number I should call for support with efile.txcourts.gov?

The number for Texas specific e-filing is 855-839-3453

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Hot Checks FAQs

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1. What is a hot check?

Under penal code section 31.03 Theft, a person commits an offense if he unlawfully appropriates property or secures performance of a service from the owner by deception. The key under the law is that the owner must give the merchandise at the time the check writer renders the check. Furthermore, inducing a provider of services to provide services by giving the provider a check which the issuer knows will be dishonored by the bank qualifies as deception. Again, the key under the law is that the owner must provide the service at the time the check writer renders the check.

Please note that our office cannot collect on the following types of checks:

POST-DATED CHECKS:
If you willingly accepted a post-dated check in exchange for merchandise or a service, you extended credit to the check writer.
THIRD-PARTY CHECKS:
Those kinds of checks often prove to be impossible for us to establish which of the other parties involved possessed the intent to commit the theft.
CHECKS FOR DEBTS OWED:
In most cases checks given to pay pre-existing debts do not meet the requirements for a theft charge.

2. What do I need to file a hot check?

In order to file a check complaint with the Check Division of the Val Verde County Attorney's Office you must:
Submit the original check(s), a copy of any correspondence you sent and certified mail receipt. Please make all necessary copies of documentary evidence for your records before submitting the information to our office.
Please allow 30 days before inquiry is made concerning the check. We will attempt to answer all inquiries but ask that requests be kept to a minimum because of the volume of check complaints received.

3. How can I minimize my business losses to bad checks?

Never accept a check without checking and writing down the ID of the person signing the check. Always be sure to compare the picture on the ID of the check writer to the person standing in front of you offering the check as payment. Never allow the check writer to tell you the ID number always look at it yourself and record it carefully. Always obtain and verify a physical address for the check writer.

HIGH RISK CHECKS
• TEMPORARY CHECKS: Check that are not personalized are often a risk. They do not have the account owner's name printed on each check. How can you know that the person giving you the check owns the account on which the check is drawn?
• LOW NUMBERED CHECKS: 9 out of 10 bad checks bear numbers smaller than 300.
• NON-LOCAL CHECK WRITERS: Non-local check writers are much harder for us to identify and prosecute. Out-of-state bank records are almost impossible for us to get.
• NON-RESIDENCE ADDRESS ON THE CHECK: A post office box printed on a check as an address rather than a residence has been shown to be a risk factor.
• ILLEGIBLE SIGNATURE ON CHECK: A sloppy signature may be an attempt to prevent easy comparison with the signature on the ID.
• MULTIPLE CHECKS FROM THE SAME ACCOUNT OR BY THE SAME CHECK WRITER IN THE SAME DAY: The check writer may be stealing as much as possible from you before you find out that the checks will not be honored.
• TWO-PARTY CHECKS: It is usually impossible for us to establish which of the parties had intent to deceive.
• PRE-SIGNED CHECKS: You cannot swear the signer signed the check and nobody can prove the signer knew the amount for which the check would be written.
You are safer if you avoid the checks listed above altogether.

4. Have you received a notice from the County Attorney?

Individuals who have received notice of a hot check or feel they may have a check outstanding due to non-sufficient funds and/or account closed should contact this office immediately at 830.774.7571 or make restitution at 207 East Losoya Street, Del Rio, Texas 78840, between the hours of 8:00 AM to 4:30 PM, Monday through Friday. The payment must be in form of a money order or cashier’s check and must be made payable for the exact amount owed. Cash is not acceptable. A drop box is available for money orders and cashier's checks only.

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IT Department

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1. Where is the County IT Department Located?

401 W. Cantu Road, Suite E.

2. How long has the County IT Department been in existence?

The IT Department was created on October 1, 2012.

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Library

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1. How do I access a computer in the library?

Computer usage is allowed for patrons who are able to present a library card, and their account is in good standing. (No late fees over $5.00, or long overdue items)
Non-resident patrons are allowed guest passes but must show I.D. to gain access.

2. Can I renew my books from home?

Yes. You have two options to renew your titles. Please call us at (830) 774-7595 during normal operating hours OR you may log in to your account for renewals on the library’s catalog. Once you’re on our catalog, you will see a “Log In to Your Account” section on the top right corner. Your username is your entire library card number, and your password is the last four numbers of your library card, or if you have not set one up, it is your phone number that we have on record. Once you are in your account, under the "Items Out/Renewals" tab, you may renew any materials you have as long as they are not on request for another patron. If you have any questions, or concerns, please give us a call.

3. How do I place a hold on a book?

You must first log in to your account with the library. Instructions to do that are in the tab above. Once you have logged in, search for your item and make sure that the item is not available. An available item will display as green in the catalog while unavailable items will be displayed as red. Once that is complete, click the “Place Hold” button and then the “Submit Hold” button. Your item should be reserved now. If you have any issues, please give us a call.

4. Can I request a book that the library does not have?

Yes. You have two options if we do not have a desired book: you may either fill out a request slip at the Circulation Desk, or you may fill out a form, in person, for an Inter Library Loan (ILL). ILL’s do carry a postage fee of $3.50 and usually take 1-3 weeks to arrive. A library card is required to complete either request. Please call the library if you have any questions.

5. How many items can I check out at once?

Adults may check out up to 12 library materials including 5 DVD’s.
Young Adults (6th – 12th grade) may check out up to 8 library materials including 5 DVD’s.
Children (3yrs – 5th grade) may check out up to 5 library materials including 5 DVD’s. DVD's do count towards the allotted amount of items a patron is allowed.

6. Is library staff available to help me with technical support?

While the library staff is not trained professionally in technical support, the staff does have a general knowledge of computers, and printing. The staff does help as they are available, but due to time constraints, the staff member may have to cut their assistance short due to the responsibilities to their area. 

7. Can I send and receive faxes at the library?

Yes. To either receive or send a fax in the library, it is $1.00 per page. The library does stop charging once the price has reached $10.00, but patrons are welcome to send more than 10 pages.

8. What do I need to get a library card?

At the library, we prefer that you bring a valid Texas license, or State I.D. that contains your local address. If you are unable to bring either one, you may use a U.S. passport, or a Resident Alien card along with proof of address. (Water bill, light bill, rent receipt) Library cards are free for first time applicant's while a replacement card is $1.00.

9. How long may I check out a book for (an audiobook, a DVD)?

Patrons are allowed to check out normal print materials, and audiobooks for 3 weeks. DVD’s are checked out for 1 week. Renewals are allowed as long as no other patron is waiting for the item. 

10. How much does it cost to print/make copies?

It is $.10 per page to print in black & white, and $.50 per page for color. 

11. What time do you open/close?

Mon. – Thu.: 10am – 7pm

Fri.: 10am – 6pm

Sat. – Sun.: 1pm – 5pm

The library does adhere to all state and federal holidays. 

12. What does it cost if I return an item late?

The item accumulates a $0.10 charge every day that it is late. The charge stops once the item reaches $5.00. This is per item.

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Protective Order FAQs

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1. What is a Protective Order?

A protective order is a civil court order issued to prevent continuing acts of family violence, sexual assault, human trafficking or stalking.
Family violence (sometimes called Domestic Violence) is basically defined as (1) any act by one member of a family or household intended to physically harm another member, (2) a serious threat of physical harm, or (3) the abuse of a child.
Family includes blood relatives or relatives by marriage, former spouses, parents (married or not) of the same child, foster parents and foster children, or any member or former member of a household (people living in the same house, related or not).

2. How can a Protective Order help?

A protective order may prohibit the offender from:
• committing further acts of family violence, sexual assault, human trafficking or stalking
• harassing or threatening the victim, either directly or indirectly by communicating the threat through another person
• going to or near a school or day-care center of a child protected under the order attends
In some situations, a protective order may also include orders to: prohibit transfer or disposal of property, establish possession and visitation of a child, pay child or spousal support, attend mandatory counseling, and vacate the residence or other specified property, if certain conditions are met. These additional provisions are not criminally enforceable. A person who violates them is not immediately arrested, but may be taken to civil court, found in contempt, fined and jailed.

3. Who is eligible for a Protective Order?

If the court finds that family violence, sexual assault, human trafficking or stalking has occurred and is likely to occur again, a court may render a protective order.
Ultimately, a court must determine on a case-by-case basis whether a protective order is warranted.

4. How can I get a Protective Order?

You can apply for a protective order through the district or county attorney, a private attorney, or through a legal aid service program. The application must be filed in the county in which you or the offender lives. There are no minimum time limits to establish residency, and protective orders are available in every county in Texas.

5. Who may file for a Protective Order?

1. An adult member of a family or household; or
2. any adult for the protection of a child; or
3. a prosecuting attorney.

The person who is the alleged victim of family violence, sexual assault, human trafficking or stalking is considered to be the "applicant."

6. What information do I need to provide?

When you apply for a protective order, you must supply the following information:
1. The name of each applicant (victim);
2. the name, address, and identifiers of each individual who has committed family violence (respondent);
3. the relationship between the victim(s) and the respondent;
4. Statement detailing all of the incidents occurred.
The victim should file for the order as soon after the incident has occurred as possible. Additionally, if other incidents family violence, sexual assault, human trafficking or stalking have occurred, the victim needs to provide this information to the attorney who files the protective order application.

7. What does it cost?

The applicant (victim) or an attorney representing the applicant may not be assessed a fee, cost, charge, or expense by a district or county clerk or by a sheriff, constable or other public official or employee in connection with the filing, serving, entering or for any other service including any fees for dismissing, modifying, or withdrawing a protective order, certifying copies, comparing copies to originals, court reporter fees, judicial fund fees, transferring a protective order or for any other service related to a protective order.
The court may require the respondent to pay the fees incurred in connection with the protective order unless the respondent shows good cause or is indigent.

8. How long does it take to receive and how long does it remain in effect?

Unless a later date is requested by the applicant, the court shall set a hearing date no later than 14 days after the application is filed. If, however, the court finds from the information contained in the application that there is a clear and present danger of family violence, the court may immediately issue a temporary ex parte order. The temporary order is valid for up to 20 days. Final protective orders are effective for 2 years, unless another length of time is specified.

9. What happens if the Protective Order is violated?

Call the police immediately!! Remember, protective orders do not offer complete protection. No piece of paper can protect you from all instances of violence.
Law enforcement agencies are notified of all protective orders issued in their area and they are required to maintain a list of those orders. If a respondent violates the order and law enforcement is notified, officials will act to arrest the offender and seek to have charges filed. If a person violates the protective order in the presence of law enforcement, the offender must be arrested immediately. In cases involving the violation of a protective order, including an ex parte order, the offender may be punished by a fine of as much as $4,000 or jail for up to one year or both.

10. What other options are available?

A Magistrate's Order for Emergency Protection may be issued at the time of a defendant's appearance before a magistrate after arrest for an offense involving family violence, sexual assault, human trafficking or stalking. The order for emergency protection may be issued on the magistrate's own motion or on the request of:
1. the victim;
2. guardian of the victim;
3. a peace officer; or
4. the attorney representing the State.
A Magistrate's Order for Emergency Protection may prohibit the arrested offender from committing any further acts of family violence, communicating with a member of the family or household or the person named in the order, or making any threats or going near the place of employment, household or business of a member of the household or of the person named. The offender may also be restricted from going near a school or day care facility. The victim does not have to be present in court when the order is issued.
A violation of this order may be punishable by a fine of as much as $4,000 or by confinement in jail for up to one year or both.
Remember, if someone has physically assaulted or threatened you; contact your local police department or sheriff's office to press charges against that person. Even if you are ineligible for a protective order, you may be able to have the person arrested for assault, criminal trespass, or stalking.