Domestic/Family Violence & Divorce

Violence Against Women Office of the Office of Justice Programs, United States Department of Justice

Diane Stuart, Director

Our nation is inundated with a serious problem that needs to be given attention and not ignored: DOMESTIC VIOLENCE! The problem of abuse in the home has recently been given more attention due to highly publicised cases, but it is a concern that many individuals live with on a daily basis. "What's going to happen I go home today? Will I be safe or will the beatings continue?" The feelings of fear of fear and lonliness are in many people who feel lost. They may not know where to turn for help due to feelings of embarrassment or shame of being involved in an abusive relationship. So where should a victim of domestic violence go for help? First of all, contact your local police department domestic violence unit or the investigative section. They will be able to provide the services which you will be needing during this time of desperation. In 1996, the first year the domestic violence unit was established in Irving, we received over 2,400 cases. That same year, Dallas received approximately 20,000 cases. According to national statistics, only 10% of the incidents of abuse are reported. Therefore, an approximate estimation of 24,000 Domestic Violences in Irving and 200,000 cases in Dallas occur each year. The majority of cases involve women being abused, but this by no means excludes men and children from being victims of domestic violence. It is time to come together as a community and assist each other in stopping the vicious cycle of abuse which is occurring in far too many families. If this problem is not alleviated, it will continue to contaminate the innocent bystanders in these assaults: the children. We need to focus on the long-term effects these children are being forced to live with for the rest of their lives. They are being exposed to violence, which is a learned behavior and therefore can easily be passed from generation to generation until one person finds support to put an end to this pattern. You can help put a stop to this pattern by becoming involved in volunteer programs throughout the community, such as local battered womens shelters, counseling agencies, and the district attorney's family violence volunteer programs. For more information please contact Lisa Jenkins (972) 721-3503 or Cindy Meyering at (972) 721-2544 (Irving Police Department).

Source Material at http://www.irvingpd.com/domviol.htm

It is a crime for any person to cause you any physical injury or harm even if that person is a member of your family or household.

PLEASE, TELL THE INVESTIGATING PEACE OFFICERS IF:

• you,
• your child, or
• any other household resident has been injured,
• or if you feel you are going to be in danger when the officer leaves or later.

YOU HAVE THE RIGHT TO:

• Ask the local prosecutor to file a criminal complaint against the person committing family violence.
• Apply to a court for an order to protect you (You should consult a legal aid office, a District Attorney, or a private attorney). For example, the court can enter an order that:

1. the abuser not commit further acts of violence.

2. the abuser not threaten, harass, or contact you at home.

3. directs the abuser to leave your household, and

4. establishes temporary custody of the children and directs the abuser not to interfere with the children or any property.
   

A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED PROTECTION such as (1) and (2) above IS A CRIMINAL OFFENSE.

TEXAS CRIME VICTIMS' RIGHTS

A victim of violent crime is (1) someone who is the victim of sexual assault, kidnapping, or aggravated robbery or who has suffered bodily injury or death because of the criminal conduct of another, (2) the close relative (spouse, parent, adult brother or sister, or child) of a deceased victim or (3) the guardian of a victim. A victim of violent crime has the right to:

• receive protection from harm and threats of harm arising from prosecution efforts;

• the consideration of their safety by the magistrate when setting bail;

• advanced notification, on request, of relevant court proceedings including cancellations and rescheduling;

• information, on request, from a peace officer about the defendant's right to bail and criminal investigation procedures, and from a prosecutor's office about general procedures in the criminal justice system including plea bargaining, restitution, appeals, and parole;

• information about the Texas Crime Victims' Compensation Fund; and, on request, referral to available social service agencies that provide other types of assistance;

• the right to provide pertinent information to a probation department conducting a pre-sentencing investigation concerning the impact of the offense on the victim and his family by testimony, written statement, or any other manner prior to any sentencing of the offender;

• payment for medical examinations for victims of sexual assault by the law enforcement agency requesting the exam and, on request, the right to counseling regarding AIDS and HIV infection and testing for sexual assault victims;

• information, on request, about parole procedures; notification of parole proceedings and of the inmate's release; and the right to participate in the parole process by submitting written information to the Board of Pardons and Paroles for inclusion in the defendant's file for consideration by the board prior to parole;

• be present at all public court proceedings, with the presiding judge's consent;

• a safe waiting area before and during court proceedings;

• prompt return of any property that is no longer needed as evidence;

• have the prosecutor notify, upon request, an employer that the need for the victim's testimony may involve the victim's absence from work; and

• complete a Victim's Impact Statement, detailing the emotional, physical and financial impact of the crime on the victim and to have the statement considered by the judge at sentencing and by the parole board prior to taking any parole action.
  

WHO IS ELIGIBLE TO GET A PROTECTIVE ORDER?

Victims of family violence who:

• are related to the offender by blood or marriage
• are currently living with the offender or have ever lived with the offender, or
• have had a child with the offender.

A person cannot get a protective order against someone she or he has only dated, unless they have lived together or had a child together. A person who has a divorce pending is eligible to get a protective order, but must do so as a part of the divorce action. In these cases, the action is filed by the attorney handling the divorce, not by the district or county attorney. Divorce protective orders and regular protective orders are the same in terms of what they can prohibit and how they are enforced. * Irving Police Officers are not authorized to enforce a Temporary Protective Order unless directed by the court that issued it.

HOW CAN I GET A PROTECTIVE ORDER?

Apply for a protective order through the district or county attorney, a private attorney, or legal aid. Generally, you must apply in the county where you or the offender lives. There are no minimum time limits to establish residency. Protective orders are available in every county in Texas. When you apply for the protective order, you must supply this information:

• your relationship with the person alleged to have committed family violence,
• the facts and circumstances concerning the alleged family violence, and
• a specific request for a protective order. The victim should file for the order as soon after the incident has occurred as possible.

Additionally, if any other incidents of family violence have occurred, the victim must provide this information to the attorney who files the protective order application. If the protective order is granted by a judge and the offender has been served, the protective order remains in effect for a period of one year.

EMERGENCY PROTECTIVE ORDERS

An Emergency Protective Order may be obtained by a Magistrate or on the request of the victim of the offense, the guardian of the victim of the offense, a peace officer, or the state's attorney, at a defendant's appearance before the Magistrate after arrest for an offense involving family violence or stalking under Penal Code section 42.071. The Emergency Protective Order is effective immediately upon issuance and remains in effect for a period of 30 days. This order also prevails over any conflicting existing court orders for the duration of the order. A person who violates an Emergency Protective Order shall be arrested by a peace officer.

CRIME VICTIMS COMPENSATION

What Expenses are Eligible? Reimbursement for property damage or loss is NOT an eligible expense, except when the offense was committed by a juvenile. Approved claims can provide compensation for the following:

• Reasonable medical, counseling, prescription and rehabilitation expenses,
  * Certain funeral expenses,
• Partial loss of earnings and support
  * Child care to enable a victim or spouse, or the surviving spouse of a deceased victim,
  to continue employment
• Reasonable attorney fees for assistance in filing the application and in obtaining benefits, if the claim is approved
• Eyeglasses, hearing aids, dentures or prosthetic devices, if lost, damaged, or needed as a result of the crime.

BASIC QUALIFICATION REQUIREMENTS To be eligible for consideration for compensation, a victim must meet the following general requirements:

• Be a resident of Texas, a resident of another state who is victimized in Texas, or a Texas resident victimized in another state that does not have a crime victims compensation program for which the victim would be eligible.
• Report the crime to law enforcement officials within 72 hours after the incident unless the victim is under 17 years of age or there is a valid exception
• Cooperate fully with law enforcement officials in the investigation and prosecution of the case
• File for compensation within one year of the crime unless the victim is under 17 years or there is a documented medical exception.

WHO MAY QUALIFY?

An innocent victim of a violent crime who suffers personal injury

• the surviving spouse or children of a deceased victim
• a person who legally assumes the obligations or voluntarily pays the medical or burial expenses of a deceased victim
• a deceased victim's immediate family member who requires counseling and who resided in the same household as the deceased
• an immediate family member who resides in the same household as a victim under the age of (17) and who requires counseling because of the crime
• a victim of property damage or loss by a juvenile offender.
  

WHO IS NOT ELIGIBLE?

• a victim whose own conduct contributed to the crime; in such cases benefits may be reduced or denied
• a victim who knowingly and willingly participated in the criminally injurious conduct
  the offender and/or accomplice, or anyone whose reward would unjustly enrich the offender or accomplice
• anyone injured in an automobile accident unless the driver intentionally caused the injury, was driving while intoxicated, or failed to stop and render aid
• anyone who was incarcerated in a penal institution when the crime occurred.
  

LIMITS ON AWARDS

The act stipulates that:

• total recovery may not exceed $25,000
• wage loss may not exceed $400 per week
• child care to enable a victim or spouse to work is limited to $100 per week per minor child and may not exceed $125 per week for three or more children
• loss of support to dependent family members is not to exceed $400 per week

HELPFUL PHONE NUMBERS AND AGENCIES

BATTERED WOMEN'S SHELTERS: