Welcome to the Pro Bono Protective Order Project Attorney Volunteer Resource Page! San Antonio Legal Services Association (SALSA) has partnered with Texas RioGrande Legal Aid (TRLA) to launch the Pro Bono Protective Order Project. On behalf of SALSA and TRLA, we are excited you have chosen to volunteer with our program!
We thank you for taking time out of your busy schedule to volunteer and help indigent and at-risk victims of domestic violence, sexual assault, and stalking receive the protective orders they need. Not only has there been an increase in domestic violence incidents and homicides in our community in recent history, but this problem has only worsened due to the isolation victims are experiencing because of restrictions implemented during COVID-19. By volunteering with our pro bono project, you are helping victims of domestic violence escape a dangerous situation and keep themselves and their children safe.
We encourage you to review the training materials provided in the links below. Our goal is to provide you with the tools and support necessary so that you understand the dynamics and prevalence of domestic violence in order to be trauma-informed in your representation of this vulnerable population. If you have any questions or need additional assistance during your volunteer experience, please do not hesitate to reach out to SALSA Pro Bono Coordinator, Victoria Lopez, at VictoriaL@sa-lsa.org. Thank you for your time and assistance with this important project!
*The Supreme Court of Texas issued revised Protective Order Forms on July 11, 2022. These forms are available HERE.*
WHY YOUR ROLE MATTERS
You are helping survivors of domestic violence and sexual assault get and stay safe. By representing the survivors throughout the entirety of the case, you are allowing them to get the protective orders they need, but would not ordinarily be able to afford. You will make a difference with each case you take – a life you’ll be helping to change and protect.
Throughout this process, you are also a much-needed support for the survivors who, during this turbulent time in their life, need consistency and stability. When everyone involved in this process is trauma-informed, we are able not only to keep survivors safe, but also help them heal and move on from their traumatic experiences. Having a consistent support system when everything else in their lives is upheaved and erratic is vital to survivor autonomy and safety.
You will be at the heart of this process by representing the clients during some of the scariest parts for them – in court, in front of a judge, but more so, in front of their abuser. With your empathy and legal skills, you will be the reason many of these survivors are able to face their fears and begin closing a horrible chapter of their lives. By volunteering with SALSA’s and TRLA’s Pro Bono Protective Order Project, you’re not only helping the survivors obtain the protective orders they need, but you’re also helping them move forward so that they and their children can live a happier, safer life.
THE LIFE OF A CASE
Please review the following information so you know what to expect throughout the life of a case:
- Attorney signs up to volunteer on SALSA’s website.
- TRLA pairs case with volunteer attorney.
- TRLA sends case-specific information to volunteer attorney.
- Attorney and client have initial meeting to discuss next steps of case and possibly gather any additional information the attorney may need to begin drafting case documents (*be sure to reiterate that the client should not talk to Respondent at all if there is a protective order, even a temporary one).
- If there is also a criminal case against Respondent for one of the instances of domestic violence, sexual assault, or stalking that is grounds for the protective order, you’ll need to call (210) 335-2311. Please just let them know that you’ll be representing Applicant in a protective order against Respondent for the same criminal charges that may be pending.
- Attorney drafts case documents.
- Attorney reviews documents with client and explains court process (*inform client that they need to be on standby while the attorney is in Presiding Court in case Judge wants to ask client questions).
- Attorney e-files Application w/ court (keeping in mind the final hearing must be set no later than 20 days later).
- Once the application has been assigned a cause number, attorney approaches Presiding Court (*recommend going in the afternoon) to get signature on Temporary Ex Parte Protective Order (may not be required in all cases depending on Respondent’s incarceration status).
- Attorney will need to submit Schedule A and the Texas Crime Information Center (TCIC) form to Presiding with the file-stamped Application and the proposed Temporary Ex Parte Protective Order.
- Once the Temporary Ex Parte Protective Order is signed by the Judge, the attorney can e-mail email@example.com to request a copy of it (need to include the cause number, court number, date the order was entered; may have to wait until the next day [can always check online records first]). This is generally taking 3 to 5 days to process. [You can also e-file a letter requesting a copy of the order and indicate on the e-file submission the request needs to be directed to the Records department.]
- Attorney e-files Request for Process form.
- Attorney schedules meeting with client to prep for the final hearing (template testimony questions are provided but will need to be tailored to each specific case).
- Attorney and client attend final hearing.
- Attorney meets with client to discuss hearing, who to give copies of the Final Protective Order to, etc..
- Attorney can e-mail firstname.lastname@example.org to request a copy of the Final/Default Protective Order (need to include the date the order was entered; may have to wait until the next day [can always check online records first]). This is generally taking 3 to 5 days to process. [You can also e-file a letter requesting a copy of the order and indicate on the e-file submission the request needs to be directed to the Records department.]
- Attorney e-files Request for Process form if need to serve Respondent with the Final Protective Order.
- Attorney completes SALSA case closure form at www.sa-lsa.org/status-reports.
Below are four training videos to provide a basic introduction to domestic violence and protective orders. Please watch these videos before you begin working on your case(s).
1) Dynamics of Domestic Violence: Ethical Considerations for Legal Professionals Working with Victims of Domestic Violence and Sexual Assault in Protective Order Cases presented by Dorie Budde, LMSW, Domestic Abuse Victim Advocate for Joint Base San Antonio
2) Trauma-Informed Interviewing for Legal Professionals presented by Neva Fernandez, Advocacy Manager, Texas Legal Services Center
3) Protective Orders 101: Texas Family Code and Code of Criminal Procedure Protective Orders presented by Erin Martinson, JD, Team Manager, Domestic Violence and Family Team, TRLA
4) Litigating Protective Orders in District Court presented by Richard Loza, JD, Staff Attorney, TRLA
Two additional training videos on recognizing and managing compassion fatigue, secondary trauma, and burnout are included below. Please watch these videos and familiarize yourself with the signs of compassion fatigue, secondary trauma, and burnout. The videos also provide suggestions for planning for and combating the side effects of working with trauma victims.
These resources are available to assist you throughout the protective order case.
PROTECTIVE ORDER MANUAL – The Protective Order Manual is a comprehensive guide to protective orders. It is a step-by-step guide for representing victims of domestic violence and sexual assault in protective order cases. The manual will walk you through applying for and obtaining a protective order, including what to file and how to help prepare your client through all stages of trial.
Intake Form – This is a modified screening template (the risk assessment referenced in the Protective Order Manual has been integrated into the original screening template). Please feel free to use this as a guide if you feel you need additional information besides what TRLA provides you from their initial intake with the client. You will use this information in assessing which type(s) of protective order(s) the client needs.
How Do I Write Incidents of Violence – This one-page guide provides additional information to help you inquire about, describe, and document instances of abuse.
Stalking Log – This is the same Stalking Log provided by the link in the Protective Order Manual. It is included here for easy access when you feel a client may need it.
E-Filing: The e-File Guide is below in case you run into any issues utilizing the Texas e-File system. For many of our volunteers, this may be the first time you’ve filed on behalf of an indigent client. We’ve provided relevant guidance on this process below.
- E-Filing Guide – Administrative Questions
- E-Filing Instructions to Create Payment Waiver Account for Indigent Client – You do not need to file an Affidavit of Inability to Pay (with Legal Aid Certificate) because the court/clerk is not allowed to charge fees to protective order applicants.
The following are examples of pleadings you will need in a protective order case. No pleading is complete and must be tailored to each individual case and client’s needs.
- Application for Protective Order – This is the initial request for a protective order.
- Declaration (Family Violence)– This declaration is used when the case involves family violence.
- Declaration (Sexual Assault & Family Violence) – This declaration is used when the case involves sexual assault and family violence.
- Declaration (Stalking & Family Violence) – This declaration is used when the case involves stalking and family violence.
- Affidavit of Petitioner – This form is used instead of the Declaration. The Affidavit needs to be notarized, but it does not require Petitioner to disclose their address. Use your best judgment when determining which one to use for your case.
- Protective Order Declaration – This form is used instead of the Affidavit. The Declaration does not need to be notarized, but does disclose the Applicant’s address. Use your best judgment when determining which one to use for your case.
- Request for Service Form (Bexar County) – You’ll need this form when you serve respondent with the Application for Protective Order (Affidavit/Declaration attached) and the Temporary Ex Part Protective Order.
- If you are only serving an Application for Protective Order, you’ll want to check the “Notice of Application for Protective Order” option. If you are serving an Application for Protective Order and a Temporary Ex Parte Protective Order, you’ll want to check the “Notice of Application for Protective Order” and “Temporary Protective Order” options. This form is only e-filed after you have the Temporary Ex Parte Order signed by a Judge.
- You will also need this form if you need to extend the Temporary Ex Parte Protective Order. You’ll check the “Notice of Application for Protective Order” and “Temporary Protective Order” boxes.
- If Respondent does not appear at the final hearing and you need to serve Respondent with the Final Protective Order, check the “Other” box and type in “Final Protective Order.”
- Subpoena_SAPD – You’ll use this form when requesting a certified copy of a police report from the San Antonio Police Department (SAPD). Typically, after receiving the Subpoena, someone from SAPD will reach out and ask if it’s acceptable they provide you a certified copy of the police report instead of having to appear in court, and the answer to this question should be yes. The key is to get a certified copy of the police report so that it’s easier to lay a foundation for the police report at the final hearing.
- BCSO Report Request – You can send a request for a certified copy of an Offense or Incident Report from the Bexar County Sheriff’s Office to email@example.com. If the offense involves a minor, violence, or the death of a person, you must include “Freedom of Information Act” or “Open Records Request” either in the subject or the body of the e-mail request.
- Contested Hearing Testimony Questions – You can use these testimony questions during a contested protective order final hearing. You’ll want to review them ahead of time and tailor them to each case.
- Default Hearing Testimony Questions – You can use these testimony questions during a default protective order final hearing. You’ll want to review them ahead of time and tailor them to each case.
- Protective Order Litigation Guide
The following are examples of orders you will need in a protective order case. No order is complete and must be adapted to each individual case and client’s need.
- Temporary Ex Parte Protective Order – This is a temporary protective order in effect until the final hearing is held.
- Order for Extension of a Temporary Ex Parte Protective Order – This order extends the Temporary Ex Parte Protective Order if the final hearing is rescheduled.
- Final Protective Order – This is the final protective order after the final hearing is held.
- Agreed Protective Order – This is the order used if parties reach an agreement.
ADDITIONAL COMPREHENSIVE PROTECTIVE ORDER RESOURCES
These resources are available to assist you throughout the protective order case.
CPO Guide – This guide for improving practice with civil protective orders was created by National Council of Juvenile and Family Court Judges (NCJFCJ) in partnership with the U.S. Department of Justice’s Office on Violence Against Women (OVW) and the National Center on Protection Orders and Full Faith and Credit (NCPOFFC). It is intended to provide a foundational understanding of the values and practices required for a better civil protective order system. The guide has three major sections: Common Ground, Discipline-Specific Chapters, and Issues in Focus. Common Ground sets forth the gold standard values and practices for improving civil protective order practice. Discipline-Specific Chapters provides strategies and guidance for the numerous legal disciplines involved in ensuring safety for victims. Issues in Focus discusses three areas, firearms, military issues, and technology, that are critical to reaching an effective implementation of the values and strategies provided in the CPO Guide.
ABA Standards of Practice in Civil Protection Orders – The American Bar Association compiled this reference for attorneys handling civil protective order cases. The reference discusses attorneys’ ethical duties, client safety, scope of representation, and procedures for civil protective order cases.
On the Edge of Homicide: Strangulation as a Prelude – This short article discusses the statistics, warning signs, symptoms of strangulation. It also provides additional resources regarding this topic.
DOMESTIC VIOLENCE RESOURCES FOR CLIENTS
Please familiarize yourself with these documents and be prepared to share them with the client if the need arises.
- DV Services Directory – Texas Council on Family Violence (TCFV) compiled a list of organizations that provide family violence shelter, counseling, and prevention services. The list is sorted by type of organization and listed alphabetically by city and county.
- PowerControlWheel_English – The Power & Control Wheel illustrates the different types of abuse an abuser uses to maintain power and control over their partner.
- PowerControlWheel_Spanish – La Rueda de Poder y Control muestra los diferentes tipos de abuso que usa un abusador para mantener el poder y el control sobre su pareja.
- SafetyPlan_LongForm – The Safety Plan is the most important tool for victims. The form provides questions and suggestions for survivors to help keep them safe during the various stages of escaping an abusive relationship. Having a safety plan in place can save a victim’s life and should be reevaluated often as abuser tactics may change over the course of a victim leaving.
ADDITIONAL DOMESTIC VIOLENCE RESOURCES
Below are additional resources that tell the stories of domestic violence victims who were killed by their abusers and important demographic information about the victims. Protective orders and court intervention are important tools that can help keep survivors and their children safe before situations escalate.
- Honoring Texas Victims 2019 – The Texas Council on Family Violence (TCFV) shares selected short stories from Texas counties honoring domestic violence fatality victims.
- Summary Fact Sheet Honoring TX Victims_1 – Demographic information regarding domestic violence fatalities of women in Texas in 2019.
- Summary Fact Sheet Honoring TX Victims_2 – Demographic information regarding domestic violence fatalities of men and the LGBTQIA+ community in Texas in 2019.