Denying Bail for Violation of a Protective Order
Texas law makers and activists have cracked down so extremely on family violence that in 2007 Texas included specific restrictions on releasing people accused of violating a protective order. The Texas Constitution says in Article 1 Section 11(C) that Texas legislature may pass a law providing that any person accused of violating an order for emergency protection issued by a judge or magistrate after an arrest for an offense involving family violence or a person accused of violating an active protective order rendered by a court in a family violence case (including a temporary ex parte order) that has been served on the person accused of the violation may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a Texas judge or magistrate decides there is a preponderance of the evidence that the person violated the order or engaged in the conduct constituting the offense. “Preponderance of the Evidence” is a higher burden than what is required for an arrest for violation of protective order, which is “probable cause” to believe someone violated a protective order. However, it is a lower burden than what would be required to convict and jail someone.
