26 July 2011

UPDATE: Have a Divorce or Custody Case in Collin County? SURPRISE! You’re under a protective order!

My latest blog post about the implications of the Collin County Standing Order was reposted on the Ellis County Observer where some comments were made challenging its validity.  

Specifically, a couple of individuals pointed out that a police officer would not arrest someone for violating the order and, therefore, there are no criminal implications as there are for violating a "Protective Order" issued in a Family Violence case.

That is simply not true.

You can read the comment thread and my response on the Ellis County Observer website here.

Also, the point of the post is not simply that there are potential criminal implications to the "standing order", it is that an order of protection is being issued against parents in divorce/SAPCR suits on behalf of their children.  This allows the lawyers and judges to rob and extort families under the guise of "protecting the children."

I am also posting my response here just to clarify the issue.
I agree that there is a difference between a “Protective Order” that is issued after a domestic violence incident and the “Standing Order”, which is a Temporary Restraining Order/Temporary Injunction in a SAPCR suit in Collin County.
As you point out, if a party to a divorce/SAPCR suit violates a provision of the Standing Order, a cop is not going to show up to take the person to jail.
However, your assertion that there is no criminal liability is flat out wrong.
To make this point, I am providing links to two documents:
1. The first (http://goo.gl/jdi8A) is an explanation of the Standing Order that appears on the website of Dallas attorney Michael Granata. He correctly explains that the Standing Order in Collin County falls under the category of “Domestic Violence Deterrence” and was imposed by the county’s District Judges because TROs were so often being requested by petitioners.
2. The second document (http://goo.gl/AqMEe) is page 7 of the retainer agreement used by well-known (and very expensive) Collin County divorce attorney Luke Gunnstaks. It explains that the wording used in the Standing Order does, in fact, impose restrictions upon the parties that are typically associated with “Protective Orders”…specifically, it prohibits the parties from possessing a firearm while the order is in effect. He explains that possessing a firearm during the pending divorce/SAPCR opens the individual up to FEDERAL CRIMINAL PROSECUTION per US v. Emerson, 270 F .3d 203 (5th Cir. 2001)…exactly the way a party subject to a “Protective Order” due to Family Violence is prohibited from possessing a firearm. Gunnstaks’ contract is the closest thing I have seen to anyone explaining what the true implications are of the “Standing Order”. The Standing Order never mentions firearms, but that does not mean one cannot be held criminally liable for possessing one during their divorce/SAPCR…unless they object to the order and demand a hearing to contest it.
You are getting hung up on the term “Protective Order” and it’s usage in the Family Code related to domestic violence. The Standing Order IS a TRO/TI that absolutely IS an order of protection for all parties. Most importantly, it is an order of protection that applies to the parents issued by the court on behalf of the children.
That is why all divorce cases in Collin County now include the “…and in the interest of Little Johnny and Little Julie, Children” since November of 2007…all divorce cases w/ children are now considered cases for the protection of the children. That allows the courts and lawyers to do whatever the hell they want to the parents because they are advocating for the children.
This system was put in place for a reason. It allows the corrupt judges, lawyers, and assorted court whores to extort and rob unsuspecting parents using the “protection” of the children as their weapon.
Hope that clarifies things. I can assure you that I don’t sit around and dream these things up…and neither do the multitudes of other parents who are finding themselves in the middle of a nightmare that begins when their divorce is filed in Collin County. Just ask a few.