What’s the difference between a protective order and a restraining order in Texas?

A protective order is an order that is most commonly used to prevent acts of family violence (including violence in a dating relationship) and sexual assaults. Temporary Restraining Orders are used in the civil context to avoid some sort of immediate and irreparable injury, loss, or damage. Temporary Restraining Orders in a family case can bind the other parent or spouse from certain conduct like transporting a child out-of-state, unenrolling them from school, withdrawing funds, taking out loans, or disposing of property.

Protective Orders and Restraining Orders in Texas

Protective Orders in Texas are sometimes confused with Restraining Orders in Texas. Because both terms have multiple meanings under Texas law, the terms are often confused. This article was written in hopes of explaining protective orders and restraining orders in Texas, the types of each order, and the differences between these orders.

Protective Order in Texas

Even lawyers struggle to understand protective orders in Texas – and perhaps for good reason. Most lawyers who deal with protective orders practice either criminal law or family law. Yet, protective orders are found both in the Family Code as well as in the Code of Criminal Procedure.

What types of Protective Orders are there in Texas?

A protective order is a court order issued to prevent continuing acts of family violence, human trafficking, or stalking. There are three types of protective orders in Texas:

1. Emergency Protective Orders
2. Temporary Ex Parte Protective Orders
3. Permanent (or Final) Protective Orders

What types of Restraining Orders are there in Texas?

People also often think about Temporary Restraining Orders when they think about protective orders, so we will cover TROs in this article as well even though they are distinct from Protective Orders. Temporary Restraining Orders themselves take two forms:

1. Temporary Restraining Orders (Civil)
2. Temporary Restraining Orders (Family)

Magistrate’s Order of Emergency Protection (EPO)

The Magistrate’s Order of Emergency Protection is also referred to as an Emergency Protective Order and is the most common type of protective order in Texas. A magistrate’s order of emergency protection is authorized under Texas Code of Criminal Procedure Article 17.292.

Emergency Protective Orders are Tied to an Arrest

A Magistrate’s Order of Emergency Protection can only be issued after an arrest. You cannot get a Magistrate’s Order of Emergency Protective without an arrest. Additionally, it only applies to the following offenses:

1. A family violence offense (this includes dating relationships)
2. Trafficking and Continuous Trafficking
3. Sexual Assault
4. Indecent Assault
5. Aggravated Sexual Assault and
6. Stalking

A Magistrate’s Order of Emergency Protection does not have to be requested by the alleged victim. It can be ordered at the request of:

1. The judge;
2. The alleged victim;
3. The guardian of the alleged victim;
4. A peace officer; or
5. The prosecutor.

Discretionary vs. Mandatory Emergency Protective Orders in Texas

The Magistrate’s Order of Emergency Protection is discretionary except in two instances.

The Emergency Protective Order is mandatory:
1. If a person is arrested for a family violence offense and there is either serious bodily injury.
2. If a person is arrested for a family violence offense and a deadly weapon is used or exhibited.

Magistrate’s Order of Emergency Protection Powers

A Magistrate’s Order of Emergency Protection can be used to:

• Prevent further assault, family violence, trafficking, and stalking;
• communicating with a protected person in a threatening or harassing manner;
• threatening any protected person;
• going to or near the residence, place of employment, or business of a protected person or family member;
• the residence, child care facility, or school of a protected child; and
• possessing firearms.

Magistrate’s Order of Emergency Restrictions Require “Good Cause”

All of the powers above can be exercised by the judge without a hearing. However, the judge needs a finding of “good cause” before the judge can subject a person to the following: If good cause is shown, a judge can prohibit any communication with the alleged victim, regardless of whether it is threatening or harassing.

EPO Effect on Protected Person

It is important to remember that the victim is not prohibited from anything. This means that the alleged victim can contact the person who is under the EPO or invite them back to the house. If the accused person responds, this can be a violation of the EPO, and a criminal charge could be brought against them.

What if there is an Emergency Protective Order against me?

It is important to read the EPO to understand what is prohibited and for how long. For instance, does the EPO prohibit all communication or only threatening/harassing communication? Where are you prohibited from going? It is imperative to contact an attorney to understand your rights regarding the EPO. At Varghese Summersett, we have handled thousands of cases involving protective orders both as prosecutors and as defense attorneys. We understand the legal minefield that is created by a protective order and can defend you against further damage.

Unique Features of Magistrate’s Order of Emergency Protection

• A hearing is not required for a Magistrate’s Order of Emergency Protection.
• Doesn’t require a specific relationship between the person that the order applies to and the person being protected.
• Emergency Protective Orders can only be obtained after an arrest.
• The Emergency Protective order only applies to the person who was arrested.

How long does an Emergency Protective Order last in Texas?

These generally are in effect for 31 to 61 days. However, an Emergency Protective Order may be extended to 91 days if the abuser was arrested for assault with a deadly weapon.

What happens if a person violates an Emergency Protective Order?

Violating a protective order can be easier than you think and can often be unintentional. If you are accused of violating a protective order, you can be arrested and charged with an additional criminal offense.

What is the penalty for violating an Emergency Protective Order?

If you are found to have violated a term of the protective order, you could be charged with a Class A misdemeanor and face up to a year in jail and up to a $4000 fine.

You could be charged with a third-degree felony if you have previously been convicted two or more times of violating a protective order. If you have violated the protective order by committing assault or by stalking, you could also be charged with a third-degree felony. This increases the range of punishment to up to 10 years in prison and up to a $10,000 fine.

If you are found to have violated the protective order 2 or more times within a 12-month period, you could face up to 10 years in prison and up to a $10,000 fine.

Additionally, you can be denied bail if you violate a PO. If you are on bond for a family violence offense and violate a bond condition, you can be held without bond until trial. If you violate a protective order by going to or near a protected place, you can also be held without bond pursuant to Code of Criminal Procedure Sec. 17.152.

Can an EPO be lifted?

Judges are very hesitant to lift a protective order even at the request of the victim, however they might agree to modify an Emergency Protective Order. There are a number of challenges when it comes to modifying an emergency protective order.

First, the magistrate who set the EPO is unlikely to change it. So you’re generally waiting for the case to be filed into a county or district court. That may take weeks. Then if the prosecution is unwilling to agree to the modification, it is likely the judge will set the matter for a hearing.

Depending on how busy the court’s docket is, you might be at the end of your EPO before you get the hearing. So from a practical standpoint, it is very difficult to change an Emergency Protective Order, even if the alleged victim is on your side.

Protective Orders vs. Bond Conditions

It is also important to remember that a protective order is separate and distinct from bond conditions. So where a protective order only prohibits threatening or harassing contact, a condition of bond could still prohibit any and all contact with the alleged victim. If you are facing a PO or have been accused of violating a PO, give us a call today to help you navigate these treacherous waters. We have the experience and skills you need to help you find solid ground.

Temporary Ex Parte Protective Orders

Temporary ex parte protective orders can be granted to protect a family or household member when there is a clear and present danger of family violence. See Tex. Fam. Code § 83.001(a). To grant the order, the judge must find there is a clear and present danger of family violence to the applicant or a family member. Tex. Fam. Code § 83.002.

Another basis for the granting of a temporary ex parte protective order is when there is a threat of immediate danger of abuse or neglect to the child. Tex. Fam. Code § 261.503.

What can a Temporary Ex Parte Protective Order do?

A temporary ex parte protective order can be used to make the respondent do – or not do – certain things. Tex. Fam. Code § 83.001(b).

A temporary ex parte protective order can exclude a person from returning to a residence under certain circumstances. Tex. Fam. Code § 83.006.

What is the length of an ex parte protective order in Texas?

These are usually in effect for up to 20 days and may be extended for another 20 days upon request. Tex. Fam. Code § 83.002.

What is the result of a violation of a Temporary Ex Parte Protective Order in Texas?

A violation of a temporary ex parte protective order in Texas can result in contempt of court, unlike a violation of an Emergency Protective Order which is a separate criminal offense.

Permanent (Final) Protective Orders

Permanent Protective Orders, more appropriately called Final Protective Orders in most cases, generally last for up to two years, but the judge may issue an order for longer than two years if:

• The abuser caused serious bodily injury to the applicant or their family or household; or
• The same applicant has had two or more protective orders issued against the same abuser in the past and in both cases the judge found the abuser committed family violence and was likely to commit family violence in the future.

In other words, if there is no time period stated on the final protective order, it expires on the second anniversary of the date it was issued. Tex. Fam. Code § 85.025(a-1).

Motion to Discontinue a Final Protective Order

After one year, a person subject to a Final Protective Order can petition the court to have the order discontinued. For orders lasting more than two years, a person subject to a Final Protective Order can petition the court to have the order discontinued a second time, after the passing of another year. The court will have a hearing to determine whether there is a “continuing need for the order.” The judge can either continue the order or decide not to. Merely showing a lack of violations is not sufficient to have the order discontinued. There are also rules that address an automatic extension of the order if a person is in jail or prison.

1 Tex. Fam. Code § 85.025(a)
2 Tex. Fam. Code § 85.025(a-1)
3 Tex. Fam. Code § 85.025(b), (b-1), (b-2)
4 Tex. Fam. Code § 85.025(c)

Restraining Orders in Texas

A restraining order in Texas is an order from a civil court or family court that either prevents certain actions or avoids immediate and irreparable harm.

Types of Temporary Restraining Orders (TROs) in Texas

There are two types of Temporary Restraining Orders: TROs in the civil context and TROs related to family cases.

Temporary Restraining Order (Civil)

A civil TRO can be obtained when an immediate and irreparable injury, loss, or damage will occur if the ex parte relief is not granted. See Texas Rules of Civil Procedure 680, 682. It is often used to prevent individuals from not making contact with one another.

Texas Rules of Civil Procedure 68 provides that a TRO shall not exceed 14 days unless there is good cause shown or the person against who the order applies agrees to a longer period. (A civil temporary TRO can be followed by a temporary injunction and then a permanent injection.)

Generally, a civil Temporary Restraining Order cannot be granted unless notice was provided to the other party. However, a court can grant a civil TRO if immediate and irreparable injury, loss, or damage will result before notice can be served.

Temporary Restraining Order (Family)

Temporary restraining orders in family court are filed for the protection of a spouse, a child, or the preservation of property in the context of a divorce or custody case. See Family Code 6.501(a); 105.001(a). These can be granted “ex parte” meaning they can be filed without notice to the other side. Ex parte temporary restraining orders are good for 14 days unless they are extended or withdrawn.

Unlike civil TROs, a family TRO can be issued without a showing that immediate and irreparable injury, loss, or damage will result before notice can be served and a hearing can be held. See Family Code Section Secs. 6.503, 105.001.

It is critically important to understand that a temporary restraining order is not effective until the person the order restrains receives actual notice of the restraining order. When it comes to temporary restraining orders in divorce cases (Texas Family Code Sec. 6.501), the petition only needs to allege that the order is “necessary for the protection of the parties and for the preservation of their property.” This section also provides a non-exhaustive list of twenty-six different types of conduct a court can prohibit parties from engaging in. However, a court’s ability to restrict a spouse from entering an occupied residence is very restricted. See Texas Section 6.501(b).

What is a juvenile detention hearing in Texas?

When juveniles are taken into custody for allegedly violating the law in Texas, they have certain rights that kick in very quickly. One of them is the right to have a juvenile detention hearing within two business days.

The purpose of this hearing is to determine whether the child should be released or remain in the juvenile detention center while their case is pending. In this article, we explain what happens during a juvenile detention hearing and how a judge decides whether a child should be detained or released. 

But first, please watch this video by Board Certified Juvenile Attorney Lisa Herrick.

What is juvenile detention?

When juveniles in Texas are accused of committing serious crimes – legally referred to as “engaging in delinquent conduct” or “conduct indicating a need for supervision” – they are not hauled off to adult jail. Instead, the law requires that they be taken to a juvenile detention center specifically designed to house and safely secure and supervise youth ages 10 through 16.

Juvenile detention facilities are 24-hour, lock-down facilities intended for short-term confinement. Juveniles may be held until their case is adjudicated or released to a parent, guardian, or another suitable adult under certain conditions. The decision to keep or release a child is up to the judge after a juvenile detention hearing. There is no such thing as bail in the juvenile system.

In Tarrant County, juveniles are held at the Tarrant County Juvenile Detention Center, formally known as the Lynn W. Ross Juvenile Detention. In Dallas County, juveniles are held at the Dr. Jerome McNeil Jr. Detention Center.

When will a child have a juvenile detention hearing?

According to the Texas Family Code Section 54.01(a), a juvenile detention hearing must be held “promptly” – within two business days – of a child being taken into custody. If the child is detained on a Friday or Saturday, then the hearing will be held on the first business day after the child is taken into custody.

If a child is ordered detained, the law requires that they have a subsequent detention hearing within 10 days for as long as they are in custody. In other words, 10 days is the maximum time between detention hearings. The juvenile’s attorney can also request additional hearings at any time.

Who is present at a juvenile detention hearing?

The judge, juvenile, prosecutor, child’s attorney, and a probation officer will be present at a juvenile detention hearing. The juvenile’s parent or guardian should also be present. However, if the parent or guardian can’t be located or cannot attend, the court will appoint counsel or a guardian ad litem to act as the legal representative for the child and represent their interests during the juvenile detention hearing.

Will the child have a defense attorney at the initial juvenile detention hearing?

Ideally, yes. Before the initial detention hearing, the court must notify the child and his or her parents of the right to an attorney. If the family doesn’t have enough time or the financial means to hire an attorney on short notice, the court will appoint an attorney before the initial detention hearing. If the child is not represented at the initial detention hearing due to exigent circumstances and is ordered detained, the judge must immediately appoint the juvenile an attorney or order the family to hire one.

What happens at the juvenile detention hearing?

Juvenile detention hearings are informal proceedings. At the start of the juvenile detention hearing, the judge will explain to the juvenile his to her rights. After that, the judge will usually turn his or her attention to the juvenile probation officer, who will summarize the allegation, provide information about the juvenile’s home situation, and whether the juvenile has any prior juvenile history.

Next, the judge will give the juvenile, parents, prosecutor, and anyone involved in the case an opportunity to speak and argue for – or against – the child’s release. The judge may also have questions for the participants. It’s important to note that Under Texas Family Code Section 54.01(g), nothing the juvenile says during the detention hearing can be used at a subsequent hearing. However, the child’s attorney will advise them about what, if anything, they should say during the detention hearing.

The court will also consider any written reports from professionals at this time.

How does a judge decide if the juvenile should remain detained or be released?

As mentioned, the sole purpose of the juvenile detention hearing is to decide whether the child should be released to a parent or guardian or stay in juvenile detention. The legal presumption is that the child should be released. If the judge orders the child detained, they must find one or more of the following grounds:

• The juvenile is likely to abscond or be removed from the jurisdiction of the court;
• The juvenile does not anyone who can provide suitable supervision, care, or protection;
• The juvenile does not have anyone who can guarantee his or her return to court when required;
• The juvenile may be a danger to themself or a threat to public safety;
• The juvenile has previously been found to be delinquent or has previously been convicted of an offense punishable by jail or prison and is likely to commit an offense if released;
• The juvenile is alleged to have engaged in delinquent conduct and to have used, possessed or exhibited a firearm in the commission of the offense. 

How long do juvenile detention hearings take?

Juvenile detention hearings are usually very short, lasting 10 to 20 minutes. Usually, the judge has a number of juvenile detention hearings scheduled and hears them back-to-back. 

How common are juvenile detention hearings?

Juvenile hearing are very common, especially in large counties. In Tarrant County, for example, 3218 juvenile detention hearings were held in 2021, according to 2021 Tarrant County Juvenile Services Annual Report.

What happens if my child is released after a juvenile detention hearing?

If your child is fortunate enough to be released, he or she should be able return home that day. However, the judge will order conditions of release, basically rules that the youth must also follow. They can include conditions such as attend school, take drug tests, and refrain from social media, for example.

What happens if my child is not released after a juvenile detention hearing?

If a child is ordered detained, he or she will have another hearing within 10 business days. During this hearing, the judge will hear about the juvenile’s behavior and progress and reevaluate whether releasing the child is in the best interest of the child and the safety of the public. If the child is ordered detained, he or she will continue to have detention hearings every 10 days until the case is resolved – unless the juvenile attorney waives the hearings.

Is Your Child in Custody? Contact a Board Certified Juvenile Attorney Today.

If you’re looking for a juvenile defense attorney in Fort Worth or Dallas, you are at the right place. Lisa Herrick is Board Certified in Juvenile Law – one of only three attorneys in Tarrant County who holds this distinction. This means she is considered an expert in juvenile law. You will be hard-pressed to find another juvenile lawyer in North Texas with her expertise and legal acumen.

Lisa has successfully handled every type of juvenile case, ranging from theft to capital murder. She has handled countless juvenile detention hearings – first as a prosecutor and now as a highly-skilled juvenile defense lawyer. She has vast knowledge of the juvenile court system, the process, and how to best help and protect your child. Contact Lisa today for a free consultation at 817-203-2220. If you child is in custody, tiime is of the essence.

Did you know that an intoxication-related offense can make it very difficult for you to enter certain countries – even if you are not convicted? This article covers what countries you can’t go to with a DUI, a DWI, or other serious intoxication-related offense.

Driving under the influence (DUI) is another term used outside of Texas to refer to the same offense we call a DWI or Driving While Intoxicated. For this article, the term DUI and DWI is used interchangeably – although it is a different offense in Texas.

DUI is a serious offense that can have severe consequences, including jail time, fines, and the loss of a driver’s license. A DUI conviction can also result in being barred from entering certain countries.

Countries You Can’t Go to With a DUI

There are several countries that will not allow someone with a DUI on their record to enter their borders. These countries include Canada, Australia, and New Zealand.

Canada, for example, has strict entry requirements for individuals with criminal records, including those with a DUI conviction. In order to be allowed into Canada, individuals with a DUI must apply for a temporary resident permit, which can take several months to process. The permit is not guaranteed, and the applicant must demonstrate that they are not a risk to Canadian society and have a legitimate reason for entering the country.

Australia and New Zealand also have strict entry requirements for individuals with criminal records, including those with a DUI conviction. In order to be allowed into these countries, individuals with a DUI must apply for a visa and provide information about their criminal history. The visa application process can be lengthy, and the applicant must also demonstrate that they are not a risk to the community and have a legitimate reason for entering the country.

It is important to note that these entry requirements can vary depending on the individual’s specific circumstances, including the severity of their DUI offense and the length of time since the conviction. It is always best to check with the relevant embassy or consulate before entering any of these countries.

DWI vs. DUI and Getting into Canada

As noted above, we are using the term DUI and DWI interchangeably in this article because Texas is one of the few states that uses the term “DWI” to refer to operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. That offense is commonly referred to as a DUI in other states and even driving while ability impaired (DWAI).

In Texas, a first-time DWI offense is a Class B misdemeanor, which can result in up to 180 days in jail and a fine of up to $2,000. Subsequent offenses can result in even harsher penalties, including longer jail sentences and higher fines. Any of these, even a first time offense, can jeopardize your ability to enter Canada.

Getting into Canada with a DWI Conviction

It is important to note that a DWI conviction in Texas can also result in the loss of a driver’s license, increased insurance rates, and other consequences. As mentioned previously, it can also result in being barred from entering certain countries, depending on their entry requirements.

In conclusion, a DWI is a specific type of DUI that refers to operating a vehicle with a BAC of 0.08% or higher in the state of Texas. It is a serious offense that can result in jail time, fines, and the loss of a driver’s license, as well as potential difficulties when traveling to other countries.

Why should someone hire a DWI attorney if they want to go to Canada?

A DWI attorney can help an individual avoid a plea on a DWI. They can also work closely with an immigration attorney who can help navigate the application process for a temporary resident permit and increase their chances of being granted entry into Canada.

In addition, a DWI attorney can help an individual understand the potential consequences of their DWI conviction and how it may affect their ability to travel to Canada.

Fort Worth attorney Benson Varghese doesn’t call his law firm’s latest video a music video. He refers to it as a “lyrical poem video.” Not exactly sure what’s the difference, but who is going to argue with an attorney?

The music video, err lyrical poem, features Benson rapping about his firm, Varghese Summersett, a premier criminal defense and family law practice in North Texas. The video – “There’s No Substitution” – is another example of how Benson is changing the face of law by thinking outside the box.

“We pride ourselves on being different than other law firms,” Benson says. “We’re no strangers to video production. We have tons of YouTube and TikTok videos in which we talk about the law or answer legal questions, but I wanted to find a creative way to showcase the firm and our exceptional attorneys and staff.

“So, we came up with some lyrics and put it to background music. The only problem was I am musically challenged and literally cannot hear a beat. I really had to get out of my comfort zone. That’s not dissimilar from what we have to do as lawyers: It’s more than knowing the law, it’s also about being willing to take risks and try something different to stay ahead.”

Check out the video – and then keep reading to learn more from Benson about how and why this one-of-a-kind law firm music video came to be.

You refer to your video as a lyrical poem. How’s that different than a “music video?”

Well, as my wife will tell you, I have absolutely no musical abilities or even the ability to hear a beat. A lyrical poem is just a poem, a statement, that’s made over music. It’s not necessarily lyrics to music; it’s just that there’s music in the background of the spoken word. So, I guess that’s kind of a music video, but you know, the benefit for me is there was no requirement to have a pitch or tone or get the beat exactly right.

So would you describe it as a rap?

I will not do a disservice to actual artists who rap by calling what I did a rap. But did I binge-watch a lot of rap music videos to get some inspiration? Absolutely.

Who came up with the idea? 

Well, when we first started the firm, we were inspired by a company in town that did advertising, and they made a video for themselves that was a spoken poem – or whatever we are calling this, a lyrical video. I always loved it. Unfortunately, by the time I got to a point where I could afford to hire them, they had been acquired by a different company. So, that company no longer exists. It then fell on us to make our own brand video, or lyrical poem video.

The lyrics are great. Who wrote them?

It was a collaborative effort. My wife Anna, who is also a partner and lawyer here, wrote a lot of it. I wrote a lot of it. Then, we met as a firm and took votes on which versions of the poem people liked better.

Ultimately, and probably to Anna’s chagrin – and because I was the one actually speaking it – I got to make a lot of decisions about what went into the final version. Arguably, hers would have gone with the music better, but I had to go with what I was most comfortable with because I was the voice.

What’s your favorite line or lyric?

“We bide our time
the perfect moments sought,
like Mike
setting up for that perfect shot.”

Everyone seems to like the “setting up a shot like Mike” line, I think because Jordan made things look so effortless even though it took years and years of work, which translates so well to what we do. You know, we had to be in trials and get all of that experience to go in and make it look easy.

What is the message that you’re hoping to convey in this video?

Well, the message that’s not necessarily obvious is that, as trial attorneys, we have to master whatever subject comes across our desk. I might get a case in which there is a very technical matter or very specific subject matter that I’ve never come across before. So, let’s imagine that we have a white-collar case with a very nuanced issue with the financial records and how the accounting was done. As a trial attorney, it’s not enough for me to just go hire an expert to testify; I also have to master that subject.

So, music and rap is something completely outside of my comfort zone. And so I said, ‘I’m going to do this,’ and while I may not have mastered it, I would say I could put it up against anything any other lawyer has done and feel good about it.

To your knowledge, has any other Texas lawyer done something like this?

The only attorneys that I can think of that have done something similar – and that I thought was really good – are a couple of attorneys in Texas who have a song, “Don’t Eat Your Weed.” The difference is those guys actually have a lot of musical talent. They’re very good storytellers, and they’re very good at conveying messages through their music. Our video is very different. I have no musical abilities, but I’m trying to get across what our firm is all about.

You have a reputation for thinking outside the box. Is this law firm music video another example of that?

Absolutely, we are always trying to push the envelope while still staying on brand. There was certainly a lot of discussion within the office during the development stage about whether this matched our brand. And ultimately, I think everyone was happy with what we produced.

It’s important for us not to pretend to be something we’re not. So, for example, if I had tried to be a rapper, that obviously wouldn’t have been true. But I think people can understand that we came up with this poetry, and it’s heartfelt, and it’s authentic. That is ultimately, what we were shooting for.

What kind of music do you normally listen to?

I have a very eclectic taste in music. I’ll listen to everything from 70s and 80s rock, to old-school rap, to what I consider Texas country or red dirt music. So it’s a wide gamut of music. I’m probably behind on most of pop music; I really rely on the office and my wife to keep me up to date on that kind of stuff.

Who produced the law firm music video?

We have been working for years with a company called Crisp. They make excellent legal videos. And even with Crisp, who does legal brand videos, we keep asking them to do things they’ve never done before.

So last year, we produced what I like to call our “heist video.” Every time we meet with that company, they comment on how no one’s ever done anything like that before. And the same is true of this law firm music video. This type of video is not what they do, but this is what we asked them to do – and they always come through for us.

Were you nervous about recording it?

I was worried about recording it because, even though it’s not lyrics to a musical beat, I did still have to hit some sort of a rhythm, which I am not naturally inclined to do. I was also worried about how many takes it would require. Fortunately, I think we got it done in three takes, and it didn’t take the entire day like I was concerned it might.

What’s the feedback so far?

So far, folks have really loved it within the office, and everyone that seen it has really loved it. We’re excited to see if it resonates with the general public over the next year.

You held a competition on the day the video was launched in which you asked, “What does N95 have in common with our latest video?” What was that all about?

After we shot this video, unbeknownst to us, Kendrick Lamar also shot in the same place in his in N95 video. So we wanted to create some interest by asking that question. It just turned out that he shot in the Fort Worth Water Gardens, and we did as well. We thought that was a fun way to tie it in.

Is there another law firm music video in Varghese Summersett’s future?

I don’t know; it took a lot of work to make this one. I suppose that will just depend on the response we get.

Juvenile First Offender Program in Texas

Texas Family Code Sec. 52.031 allows juvenile boards across the state to establish first offender programs for the referral and disposition of children aged 10 to 16 taken into custody or accused before the filing of a criminal charge of:

1. Conduct indicating a need for supervision;
2. A Class C misdemeanor, other than a traffic offense; or
3. Delinquent conduct other than conduct that constitutes a first, second, or third-degree felony, an aggravated controlled substance felony, a capital felony, a state jail felony or misdemeanor involving violence to a person, or the use of or possession of a firearm, location-restricted knife, club, or a prohibited weapon, as described in the Texas Penal Code.

Texas’ juvenile first-offender program was designed to give children who have never before been in trouble with the law a second chance. The program’s purpose is to divert juveniles from the justice system and reduce recidivism.

The adopted guidelines aren’t considered mandatory, but if accepted, the program offers youths the opportunity to keep their records clean. 

The first-offender program gives minors a chance to start over after committing an offense without the presence of a juvenile record.

In this post, we’ll explain the first offender program, how it works, who qualifies, and what it looks like in Tarrant County.

If your child has been referred to the juvenile justice system, an experienced juvenile attorney is invaluable. Varghese Summersett’s juvenile attorney Lisa Herrick is here to help protect their future.

Is the first offender program only for first-time offenders?

Yes. First-offender programs in Texas are just for juveniles who have been taken into custody for the first time.

How is a child referred to Tarrant County’s juvenile first offender program?

An officer must file a written referral to the relevant juvenile agency to refer a juvenile to a first-offender program. The officer must identify the child and specify the grounds for taking the child into custody. Any child referred to the juvenile first offender program can’t be detained by law enforcement custody, per Texas Family Code §52.031(e). The parent, guardian, or another custodian must be notified that the child has been referred to the juvenile first offender program. Participation in a juvenile first offender program is voluntary and must be agreed to by the child and parent or guardian.

According to Texas Family Code, the officer must include in his notice of referral to the juvenile first offender program the following:

1. State the grounds for taking the child into custody for conduct described by 52.031 (a) or for accusing the child of an offense described by Subsection (a-1);
2. Identify the law enforcement officer or agency to which the child was referred;
3. Briefly describe the nature of the program; and
4. State that the child’s failure to complete the program will result in the child being referred to the juvenile court for the conduct or a complaint filed with a criminal court for the offense.

Subsection 52.031 (a-1) states “a child accused of a Class C misdemeanor, other than a traffic offense, may be referred to a first offender program established under this section prior to the filing of a complaint with a criminal court.”

Does the first offender program include restitution to the victim or community service?

Juvenile first offender programs may include voluntary restitution to a victim, community service, vocational training, education, counseling, or other rehabilitative services. The program may also require periodic reporting by the child to a designated agency.

What happens if the juvenile completes a first offender program?

If a youth successfully completes a first offender program, the case is closed and won’t be referred to the juvenile court.

What happens if the juvenile fails to complete a first offender program?

If a juvenile fails to complete the first offender program or the child or the child’s parent or guardian terminates the program early, or the child is taken into custody within 90 days of completing the program, they’ll be referred to the juvenile court. 

Do law enforcement agencies keep a record of successful first offender programs?

Yes, law enforcement agencies can keep a record of the child’s successful completion of a juvenile first offender program beyond the 90-day destruction period, but only to determine the child’s eligibility to participate in another program. After 90 days, the offense is erased from their record.

Who is eligible for Texas’ juvenile first offender program?

The minor must be aged 10 to 16 and be a first-time offender. Juveniles who commit state jail felonies or misdemeanor offenses not involving violence to a person or the use or possession of a firearm, location-restricted knife, club, or a prohibited weapon, as those terms are defined in the penal code, are eligible for the program, as are juveniles who commit a class C offense, other than a traffic offense.

Who is not eligible for Texas’ juvenile first offender program?

Charges involving assaults, weapons, or sexual crimes resulting in the requirement to register as a sex offender do not qualify for the program.

Juvenile first offender programs in Tarrant County

There are first offender programs available throughout Tarrant County.

The Lena Pope Home in Fort Worth operates the Second Opportunity for Success, a behavioral intervention program. The seven-week program aims to prevent future criminal behavior in first-time juvenile offenders. Intensive counseling and skill-building instruction involve the child and their families to help improve their relationships, school performance, and behavior. Children aged 10-16 must be referred to the program by the appropriate agency. Classes are held on the Lena Pope campus at 3001 Sanguinet Street in Fort Worth.

Has your child been deferred to a first offender program? Call us.

If your child is detained by law enforcement and referred to a juvenile first offender program, you must protect their rights. Varghese Summersett’s Lisa Herrick is one of only three Board Certified juvenile attorneys in Tarrant County. She will fight for your child to ensure the best possible result. Call Lisa for a free consultation at 817-203-2220.