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Supreme Court Approves Revised Protective Order Kit
By Melissa Cook, Staff Attorney, Texas Access to Justice Commission

In May, the Supreme Court of Texas approved a revised Protective Order Kit for use in all Texas courts. The revised Kit, available on TexasLawHelp at www.texaslawhelp.org/protectiveorderkit, incorporates changes made to the Family Code and Civil Practices and Remedies Code during the 82nd Legislature. Victims of domestic violence can now seek protection of their pets in a protective order and, under certain severe circumstances, seek a permanent protective order. The revised Kit also reflects changes to the category of persons eligible for a protective order. Under the new law, a protective order is now available to a new partner or spouse of a victim of domestic violence.

Users of the revised Protective Order Kit now have the option to support their Application for Protective Order with an unsworn declaration rather than a sworn affidavit that requires a notarization. Section 132.001 of the Civil Practices and Remedies Code, now permits an unsworn declaration in place of an affidavit if the declaration is in writing; is subscribed to as true under penalty of perjury; and gives required information, including the applicant’s full name, date of birth, and address. To ensure victims’ safety by keeping their locating information confidential, the revised Kit continues to offer a sworn affidavit that does not require the disclosure of the applicant’s address or date of birth.
 

To improve the recognition and enforcement of protective orders issued in Texas across state lines, the revised Kit incorporates a model first page that is gaining national acceptance. In addition to being in a more recognizable format for law enforcement, page one of the revised protective order states the protected parties, the respondent’s identifying characteristics, and the duration of the order. To assist with required Texas Crime Information Center data entry, the revised Kit includes an updated respondent-information page for completion if a protective order is issued.

Lastly, safety-planning information in the revised Kit is updated. In now includes precautions that a victim should employ when using technology and a list of additional hotline resources to help keep victims safe as they pursue a protective order.

The Texas Access to Justice Commission, along with the Supreme Court of Texas Protective Order Task Force, is working to make the revised Kit interactive through the A2J programming on TexasLawHelp and to make it available in Spanish and Vietnamese. In the meantime, the 2005 Protective Order Kit will remain available in Spanish and Vietnamese on TexasLawHelp to continue offering assistance for Applicants with limited English proficiency.

The Commission gives a huge thank you to everyone who worked on this project: Tracy Grinstead-Everly, Jeana Lungwitz, Amy Wright, Victoria Camp, Rhonda Gerson, Sue Hall, Ann Landeros, Erin Martinson, Stewart Gagnon, Melissa Cook, Carl Reynolds, Patsy Mallia, and Colton Lawrence.