Procedure 603-Protective Orders

Question 1

.01A. This procedure establishes guidelines for the proper handling of protective orders and;

Answer 1

conditions of bond, from their entry into the computer system to the disposition of violations through reports and arrests.

Question 2

.01B. The Penal Code which authorizes the arrest for violation of a Protective Order, Magistrate’s Order for Emergency Protection, a Temporary Protective Order, Condition of Bond in a Family Violence Case or Violation of a Protection Order issued out of another jurisdiction.

Answer 2

Section 25.07, Violation of Certain Court Orders or Conditions of Bond in a Family Violence Case,

Question 3

.01C. This procedure is a cooperative effort between the;

Answer 3

Patrol Division, Special Victims Unit, the Victims Advocacy Office, Crime Scene Unit, Service and Security Agents Office, and The Bexar County D.A.’s Office

Question 4

.01C. This procedure is a cooperative effort to enable service providers to;

Answer 4

serve a greater number of victims;

Question 5

.01C. This procedure is a cooperative effort to provide better services to victims, by enabling the victims to;

Answer 5

report violations at the substation nearest their home;

Question 6

.01C. This procedure is a cooperative effort to reduce the number of family violence cases by;

Answer 6

early law enforcement intervention as well as provide services to victims of family violence in a more timely manner;

Question 7

.01C. This procedure is a cooperative effort to enable the San Antonio Police Department to file more cases for;

Answer 7

family violence and violation of protective orders with the Bexar County D.A’s Office.

Question 8

.03A. A temporary order entered by a court when the court finds from an application for protective order there is a clear and present danger of family violence.

Answer 8

Temporary Protective Order

Question 9

.03A. The court may enter a temporary order without further notice to the individual alleged to have committed family violence and without a hearing.

Answer 9

Temporary Protective Order:

Question 10

03A. also known as “Temporary Ex-Parte Order”,

Answer 10

Temporary Protective Order

Question 11

.03A. This order is only enforceable when it has been served on the respondent.

Answer 11

Temporary Protective Order

Question 12

.03A. Verification of service of the Temporary Protective Order order is confirmed through the;

Answer 12

Communications Unit, information channel

Question 13

.03B. An emergency order entered by a magistrate;

Answer 13

Magistrate’s Order For Emergency Protection

Question 14

.03B. An order by a magistrate, directed to a person who has been arrested for family violence, sexual assault, aggravated sexual assault or stalking,

Answer 14

Magistrate’s Order For Emergency Protection

Question 15

.03C. An order of the court directed to a person after family violence has occurred to prevent further violent or threatening acts;

Answer 15

Protective Order

Question 16

.03D. Related to the safety of the victim, a condition of bond set in a family violence case by the magistrate.

Answer 16

Certain Court Orders or Conditions of Bond

Question 17

.04A. Temporary Orders are valid for the period specified in the order, but does not;

Answer 17

exceed {20} days.

Question 18

.04A. On the request of an applicant or on the court’s own motion, a temporary order may be;

Answer 18

extended for additional {20} day periods.

Question 19

.04B. Magistrate’s Orders For Emergency Protection is valid on issuance and remains in effect until the;

Answer 19

{61st} day but not less than {31} days after the date of issuance.

Question 20

.04B. This may be requested prior to the expiration of the magistrate’s order for emergency protection when additional protection is necessary;

Answer 20

Protective Order

Question 21

.04B. Will usually be specified in the magistrate’s order for emergency protection.

Answer 21

Time periods

Question 22

.04C. A protective order is valid for;

Answer 22

{2} years from the date the original order was granted by the court.

Question 23

.04C. A protective order is not modified to;

Answer 23

extend its validity beyond the two (2) year period.

Question 24

.04D. A court order or a condition of bond is valid until the case is;

Answer 24

adjudicated or the court order or condition of bond

is rescinded.

Question 25

.05A. Protective Orders and Temporary Orders are entered into the Police Protective Order System;

Answer 25

(PPOS) by the Bexar County District Clerk's Office.

Question 26

.05B. Magistrate's Orders For Emergency Protection are entered into the Magistrate Computer System;

Answer 26

(MAGS) by the Magistrate's Office.

Question 27

.05C. Officers requesting information concerning protective orders, temporary orders, or magistrate's orders for emergency protection may contact the;

Answer 27

Communications Unit Information Channel

Question 28

.05D. Officers may also check for the existence of protective orders, temporary orders, and magistrate's orders for emergency protection on the;

Answer 28

mainframe computer system through PDPO, Protective Order System.

Question 29

.05E. As a backup when the computer system is not functioning, a copy of protective orders, temporary orders, and magistrate's orders for emergency protection are kept;

Answer 29

on file in the Communications Unit.

Question 30

.05G. Copies of magistrate’s conditions of bond in a family violence case will be kept in;

Answer 30

a database maintained by the Communications Unit.

Question 31

Officers may request a copy of the condition of bond be sent to them by;

Answer 31

email, fax, or a designated printer.

Question 32

.05F. It is possible for a protective order, temporary protective order, or magistrate's order for emergency protection to exist and not be in the computer or on file. In these cases the officer must see;

Answer 32

The complainant's copy before making an arrest.

Question 33

.06B. Generally, a person commits a Class A misdemeanor if he;

Answer 33

possesses a firearm, harms, threatens, or interferes with the care, custody, or control of a pet, companion animal, or assistance animal.

Question 34

.06C. If an officer, establishes probable cause to believe a person has committed an offense which included the use or possession of a weapon, an assault, threats of bodily injury or the offender has a history of family violence, the officers will arrest the offender without a warrant if;

Answer 34

committed within the officer’s presence or view;

Question 35

.06C. If the offender has fled the scene the officer will exhaust all reasonable efforts to locate the offender and make a warrantless arrest. In no event should a reasonable amount of time;

Answer 35

exceed two hours.

Question 36

.06C. If the officer is unable to locate and arrest the offender (without a warrant) within a reasonable amount of time, the officer will;

Answer 36

begin efforts to secure a warrant.

Question 37

In all cases where a warrant of arrest is recommended, the officer will notify the;

Answer 37

appropriate unit, and detail the name of the detective or officer contacted in the details of his offense report

Question 38

.06E The respective substation CRT Officers will prepare warrants during;

Answer 38

their business hours. Special Victims Unit or Night CID Unit will prepare warrants at all other times.

Question 39

.06F. Officers are only authorized to arrest an offender who violates a protective order by engaging in conduct;

Answer 39

prohibited by Chapter 25.07 of the Texas Penal code.

Question 40

.06G. In the event the offender’s conduct does not constitute a violation of Chapter 25.07 of the Texas Penal Code, the officer will handle the incident;

Answer 40

in the same manner as any civil matter.

Question 41

.06I. If the offender has previously been convicted under Chapter 25.07 two or more times or has violated the order or conditions bond by committing an assault or the offense of stalking.

Answer 41

Third Degree Felony

Question 42

.08A. The court which issued the protective order is listed as the;

Answer 42

complainant;

Question 43

.08A. The person protected by the court order is listed as either the;

Answer 43

reporting person or witness.

Question 44

.08A. A copy of the protective order, temporary protective order, condition of bond, or magistrate's order for emergency protection is attached to the;

Answer 44

copy of the offense report submitted to the Magistrate's Office.

Question 45

.08A. Officers may photocopy the protective order, temporary protective order, condition of bond, or magistrate's order for emergency protection on file in the;

Answer 45

Communications Unit.

Question 46

.08A. In the case of temporary protective orders, officers will attach a;

Answer 46

print out of the verification of service.

Question 47

.08A. Officers may photocopy the reporting person's copy of the protective order or magistrate's order for emergency protection, which shall be returned to the reporting person;

Answer 47

before checking into service.

Question 48

.08A. In the case of a temporary protective order; proof of;

Answer 48

service on the respondent must be included.

Question 49

.08C. Information necessary for the officer to obtain to apply for a magistrate's order for emergency protection includes;

Answer 49

distance, in yards, necessary for the respondent to maintain for the protection of the victim.

Question 50

.09A. Officers may seize firearms if there is a fear that the weapon;

Answer 50

will be used in a criminal act in the future.

Question 51

.09A. Completed SAPD Form #2089-DA Danger Assessment Checklists are routed to;

Answer 51

the CRT Office at the appropriate substation.

Question 52

.09D. Crisis Response Team completes 2089-DV, Domestic Violence forms and a copy of the offense report, if available, are routed to;

Answer 52

the Special Victims Unit

Question 53

.09D. Who will complete the SAPD Form #2089-DA Danger Assessment Checklist and provide for the victim’s safety.

Answer 53

CRT unit at appropriate substation, according to their S.O.P.

Question 54

.09D. When a court orders a suspect to turn over firearms to the police department, who coordinates the surrender of any firearms, as ordered by the court?

Answer 54

property room personnel, the assigned CRT substation personnel, and the designated third party assigned by the court

Question 55

.09D Which unit will return the required documents to Pretrial Services, as instructed by the court?

Answer 55

The assigned CRT substation personnel