• Domestic Violence ▲

  What is a Protective Order?

  • Orders a person not to commit any more family violence
  • Orders a person not to come within a certain distance of where the victim lives and works and of the victim's children, their home, school, day care or baby sitter
  • Orders a person not to communicate with the victim indirectly in a way that is harassing or threatening
  • Prevents a person from harassing, annoying, alarming, abusing, tormenting or embarrassing the victim or a member of the victim's family or household
  • If you are still living together, requires the defendant to move out

  Who is entitled to a Protective Order?
  The person who committed the family violence against the victim must be either

  • related to the victim by blood or marriage
  • currently living with the victim or must have lived with them at some time
  • someone with whom the victim has had a child
  • someone who has or has had a dating relationship with the victim

  How to apply.
  You will be required to fill out a simple application form giving us information on yourself and the person you are making the complaint against (the defendant). If you cannot fill out the application, we will help do it for you.

  At this time it is determined whether to send the defendant a letter, raise a bond, secure a no-contact order or request a protective order.

  You will also be referred to various outside agencies for appropriate services.

  What information do we need?
  In order to provide you with a Protective Order, we need the following:

  • A police report (We will obtain this for you; however, if you have a recent police report it will expedite your case)
  • A statement that we take from you describing what type of violence has occurred
  • A current address on the defendant

  Protective Order procedures
  Once the paperwork is prepared, a protective order hearing will be scheduled in twenty (20) days to give the Sheriff's Office time to serve the defendant. Once granted, a protective order lasts two years.

  The Sheriff's Office will hand deliver the paperwork to the defendant. The paperwork consists of an application for the protective order, the sworn statement you signed in our office describing the violence, and a Temporary Ex Parte Order to keep the defendant from bothering you until the hearing date. This includes keeping the defendant away from your house and job.

  If the Defendant is served, you will need to go to Court. An attorney will go with you to Court to represent you and answer all your questions.

  If the defendant agrees to leave you alone, an Agreed Protective Order will be issued. If he or she does not show, you automatically get a protective order by default. If he or she denies the charges, a hearing will be held in front of a Judge who will decide if you get the protective order.

  Once you receive the Protective Order, the defendant may be arrested if he or she bothers you or goes near your residence. However, if the defendant is not delivered (served) the papers, the case will be reset again for twenty (20) days, and again, if necessary.

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• Insufficient Funds - Checks Over $1500 ▲

  General Information
  The District Attorney's Office is responsible for investigating and prosecuting the offense of Theft over $1500. The County Attorney is responsible for checks of less than $1500. The District Attorney's Office will take reports of criminal conduct directly from the victim of the crime and conduct an investigation that ordinarily involves obtaining documents and analyzing them, and, as necessary, interviewing witnesses.
  
  Is it a theft or a bad check?
  Under penal code section 31.03 Theft, a person commits an offense if he unlawfully appropriates property or secures performance of a service from the owner by deception. The key under the law is that the owner must give the merchandise at the time the check writer renders the check. Furthermore, inducing a provider of services to provide services by giving the provider a check which the issuer knows will be dishonored by the bank qualifies as deception. Again, the key under the law is that the owner must provide the service at the time the check writer renders the check.
  
  Please note that the following types of checks do not qualify under this criterion:
  
  POST - DATED CHECKS:
  If you willingly accepted a post-dated check in exchange for merchandise or a service, you extended credit to the check writer.
  
  THIRD-PARTY CHECKS:
  Those kinds of checks often prove to be impossible for us to establish which of the other parties involved possessed the intent to commit the theft.
  
  CHECKS FOR DEBTS OWED:
  In most cases checks given to pay pre-existing debts do not meet the requirements for a theft charge.
  
  DRAFTS:
  If you willingly accepted a draft for merchandise or a service, you have extended credit to the check writer.
  
  How do I file a Criminal complaint?
  In order to file a check complaint with the Bad Check Division of the District Attorney's Office you must:
  The Complaint Form - Complete the worthless check information form with as much information as possible on the check writer and transaction in duplicate form. Optional: you can mail these complaints to our office to be processed; one form will be stamped, dated and returned as a receipt only if a self address- stamped envelope is enclosed. One form must be completed for each individual from whom you have received a returned check.

  Documentary Evidence - You will need to submit the original check(s), a copy of any correspondence you sent, a copy of any invoices, work order, or cash register receipts regarding the transaction of the check writer. Please make all necessary copies of documentary evidence for your records before submitting your complaint.
  
  How can I Minimize my business losses to bad checks?
  Never accept a check without checking and writing down the ID of the person signing the check. Always be sure to compare the picture on the ID of the check writer to the person standing in front of you offering the check as payment. Never allow the check writer to tell you the ID number, always look at it yourself and record it carefully. Always obtain and verify a physical address for the check writer.
  
  HIGH RISK CHECKS

  •  TEMPORARY CHECKS: Check that are not personalized are often a risk. They do not have the account owner's name printed on each check. How can you know that the person giving you the check owns the account on which the check is drawn?
  • LOW NUMBERED CHECKS: 9 out of 10 bad checks bear numbers smaller than 300.
  • CHECK WRITER PRESENTS AN ID OTHER THAN A DRIVER'S LICENSE: Beware of checks offered by check writers who present for identification passports, green cards, student IDs and military IDs.
  • NON-LOCAL CHECK WRITERS: Non-local check writers are much harder for us to identify and prosecute. Out-of-state bank records are almost impossible for us to get.
  • NON-RESIDENCE ADDRESS ON THE CHECK: A post office box printed on a check as an address rather than a residence has been shown to be a risk factor.
  • ILLEGIBLE SIGNATURE ON CHECK: A sloppy signature may be an attempt to prevent easy comparison with the signature on the ID.
  • CHECKS WRITTEN FOR AMOUNTS IN EXCESS OF THE COST OF GOODS PURCHASED: Cash is a highly desirable commodity to steal.
  • MULTIPLE CHECKS FROM THE SAME ACCOUNT OR BY THE SAME CHECK WRITER IN THE SAME DAY: The check writer may be stealing as much as possible from you before you find out that the checks will not be honored.
  • CHECK WRITTEN LATE IN THE DAY: Check writers know when banks close and they know that the merchant cannot verify funds in the account after the bank is closed.
  • COMPANY CHECKS: a check receiver cannot be sure that the person presenting the check is authorized to sign a check drawn on the account; the company gopher probably doesn't know the current balance on the account.
  • TWO-PARTY CHECKS: It is usually impossible for us to establish which of the parties had intent to deceive.
  • PRE-SIGNED CHECKS: You cannot swear the signer signed the check and nobody can prove the signer knew the amount for which the check would be written.

  You are safer if you avoid the checks listed above altogether.
  
  Have you received notice from the D.A. ?
  Individuals who have received notice of a hot check or feel they may have a check outstanding due to non-sufficient funds and/or account closed contact this office immediately at (903) 577- 6726 or make restitution at the District Attorney's Office, Courthouse Annex, 105 West First Street, Mt. Pleasant, Texas, between the hours of 8:00 AM to 5:00 PM, Monday through Friday.

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• Victim Assistance ▲
  Provide you general information regarding the criminal justice system.
  If you have never had experience with the criminal justice system, the process may be confusing. Victim Assistance is available to help you understand how the system actually works. As your case moves through the judicial system, Victim Assistance is available to answer questions regarding the progress of your case.
  
  Aid in completing the Victim Impact Statement or Crime Loss Form.
  The Victim Impact Statement is a detailed account of the emotional, physical and financial effects the crime has had on you, the victim and your family members. The office of the District Attorney will provide you with this form and help you complete it, if necessary. If you have been a victim of a property crime you will receive a Crime Loss Form on which you may provide information on your financial and property losses.
  
  Aid in preparing an application through the Crime Victim Compensation fund.
  Victims may receive help in paying certain bills that are incurred as a result of a crime. Victim Assistance can help you understand the requirements that must be met to be eligible for the Crime Victim Compensation fund. If you meet the basic requirements my office will assist you in preparing the application to the Office of the Attorney General of Texas.
  Refer you to various social service agencies.
  There are many social service agencies that can help you in the aftermath of a crime. Victim Assistance can help put you in contact with the agencies that may be able to help you.
  
  Court ordered restitution.
  When a defendant is convicted, the Court may order restitution be paid as a condition of probation or parole and, in some cases, may create a judgment lien in behalf of the victim. The court may order restitution for any loss and it is not limited to violent offenses as is the Compensation Fund. It is important that you assist law enforcement in gathering information concerning your individual loss and give that to our office. My office will present the information to the court at the time of trial and seek to obtain the court order for you.
  
  Aid in returning property involved in a criminal case.
  If your property has been held as evidence in a criminal case our office can assist you in regaining possession of your property.

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