URGENT question for any attorney re: assault

[AkakHorn]

Here's the deal .... a friend of mine in east Texas was assaulted (given a black eye) by her ex a couple of days ago. He was in jail two months ago for the same thing. FYI, she's also pregnant (I know, sounding like a episode of COPS, and its damn close). Unfortunately, he's a friend of the local police in the area, so they not can't seem to find him, although her dad has no trouble tracking the guy down at one of many places. Therefore, the police can't enforce the restraining order either. She then called the sheriff's department since the police won't help, and they say they can't help because she's in an incorporated area. My question is, what are her options? Nobody wants to help her, and she needs the restraining order enforced, and the guy arrested and prosecuted.

I told her to contact the DA's office and file a complaint, but who should she contact for help? The DPS? State AG's office? The A-Team? Seems the local police (small town)don't intend to help, and I think that stink's to high heaven!

Suggestions GREATLY appreciated

 

[BongoHorn]

Check your private messages.
Hope your friend can find some protection somehow.

 

[squid]

tell her to get a PROTECTIVE ORDER, restraining orders can only be enforced by the judge that issued it. Protective orders set limits of contact, and distances he can be from her.

 

[SouthernGent]

**** him up yourself.

 

[Tank]

Restraining orders are not worth the paper they are written on. A R.O. is the civil judge "asking" you to comply. A PROTECTIVE ORDER is a mandate ordering compliance - failure to comply w/ a PROTECTIVE ORDER is a felony.... BTW - the Defendant MUST be in custody for the P.O. to be issued.

Good Luck

 

[chitwood]

My wife, who has practiced in this and similar areas for a long time read the post and sent me the following:

The defendant doesn't have to be in custody for a p.o. to be issued (Note: there are two types of p.o.'s. one issued by a muni court is for 30 days and defendant must be in custody, the other is a family code p.o. which does not require the defendant to be in custody). The court simply needs to make a finding that domestic violence has occurred and is likely to do so again. Also, law enforcement won't touch a temporary restraining order as the only remedy is civil contempt, but I'm wondering if the original poster meant a p.o. The Texas Family Code requires that law enforcement enter a p.o. into
their computer base upon receipt. Unfortunately, it doesn't mean the local guys are going to ensure that it is enforced. Also, it's only a piece of paper and she'll need to take other steps to make sure that she is safe from this guy. She needs to go to the local prosecutor's office to seek a p.o. (they have jurisdiction to file an application) and to file a complaint if the local cops aren't going to help. Most importantly, depending on where she lives, she needs to contact the closest shelter for victims of domestic violence. Sometimes local shelters have attorney contacts who are willing to handle p.o.'s. Finally, she can contact the National Domestic Violence hotline if she has more questions. That number is 800-799-7233.

 

[orngbld]

Three . . .

Fifty . . .

Seven . . .

Magnum.

At least, that would be MY remedy of someone ever ****** up and beat my wife or daughter.

Also, contact DPS -- and be persistent. They WILL get involved when the local Barney Fifes are in cahoots with the bad guys.

 

[AkakHorn]

Thanks to EVERYONE, especially those who sent me suggestions via PM, for the suggestions. Spoke with my friend Tuesday, and the situation's better. She got the PO without the guy being in custody, and also taked to the DA's office about the guy's "cop pals" who didn't seem to want to look for him.

The guy's evidently now left town, but somehow "knows" there's a PO out on him, and if he comes withing 500 feet of her or something, he will be arrested by either city or county officers.

Again, thanks for the feedback and comments (even the *** whuppin' and 357 magnum ones) .... nice to be able to count on fellow Horns for help!