Ex parte Chairez

In Ex parte Chairez, No. 08-00-00083, 2001 WL 63033 (Tex. App.--El Paso January 25, 2001, no pet.), the court first observed that if a civil sanction or remedy imposed on a person does not constitute "punishment," then a subsequent criminal prosecution of that person arising out of the same situation, circumstances, or conduct does not implicate or violate protections against double jeopardy. Id. The Chairez court also explained that the primary purpose of the Family Code authorizing the entry of a protective order is to prevent domestic violence and protect the victims of domestic violence, not to punish the offenders. Id. This same policy was addressed in the Texas Code of Criminal Procedure. Id. Thus, the Chairez court determined that the entry of a protective order does not constitute punishment for double jeopardy purposes. Id.