Protective Orders and Third Parties

Blogger Sam at Man O' Law reports that Bexar County DA Susan Reed wants the state law allowing protective orders expanded to cover more people.

Title 4 of the Texas Family Code allows protective orders in cases of family violence (as defined in Section 71.004). Section 82.002 (which references the definitions in 71.004) allows "an adult member of the household" or "an adult member of the dating relationship" to apply for a protective order from acts of family violence or dating violence. There is no provision covering protective orders for third parties.

Sam says Reed mentioned on the radio this morning that she "will be working with State Representative Joaquin Castro to support a legislative bill this session to change the law to allow a third-party to obtain a protective order." Reed sent a letter to Bexar County's legislative delegation asking them to tackle this issue.

This announcement comes in the wake of a love-triangle killing in which a woman killed her ex-husband's former girlfriend. The victim's family told reporters she had tried to obtain a protective order, but the Sheriff's Office said there was nothing more they could have done.