Domestic/Family Violence & Divorce
Violence
Against Women Office of the Office of Justice Programs, United States Department
of Justice
Diane
Stuart, Director
The Violence Against Women Office of the Office of Justice Programs, United
States Department of Justice was created in 1995 to implement the
1994 Violence Against
Women Act (VAWA) and to lead the national effort to stop domestic violence,
sexual assault, and stalking. The Violence Against Women Office works with U.S.
Attorneys to ensure enforcement of the
federal criminal
statutes contained in the 1994 Act, assists the Attorney General in
formulating policy related to civil and criminal justice for women, and
administers more than $270 million a year in
grants to help
states, tribes, and local communities transform the way in which criminal
justice systems respond to crimes of domestic violence, sexual assault, and
stalking. The Violence
Against Women Act of 2000 signed by the President on October 28, 2000,
improves legal tools and programs addressing domestic violence, sexual assault,
and stalking. The Act reauthorizes critical grant programs created by the
Violence Against Women Act of 1994 and subsequent legislation, establishes new
programs, and strengthens federal laws.
Irving Police Department
Domestic Violence Unit
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
Provided by
IRVING, TEXAS POLICE DEPARTMENT
DOMESTIC VIOLENCE UNIT
NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE
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: |
-
the abuser not commit further acts of violence.
-
the abuser not threaten, harass, or contact you at home.
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directs the abuser to leave your household, and
-
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;
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the consideration of
their safety by the magistrate when setting bail;
|
|
advanced notification,
on request, of relevant court proceedings including cancellations and
rescheduling;
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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;
|
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information about the
Texas Crime Victims' Compensation Fund; and, on request, referral to available
social service agencies that provide other types of assistance;
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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;
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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;
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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;
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be present at all public court proceedings, with the presiding judge's
consent;
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a safe waiting area before and during court proceedings;
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prompt return of any property that is no longer needed as evidence;
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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
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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:
New Tomorrows (Irving) 438-6785
Brighter Tomorrows (Grand Prairie) 262-8383
Family Gateway 741-6515
Family Place (Dallas) 941-1991
Outpatient Services 443-7704
New Beginning Center (Garland) 276-0057
Genesis Women's Shelter (Dallas) 942-2998
Outreach Office 559-2050
Collin County Women's Shelter (Plano) 422-7233
COUNSELORS:
Irving Youth and Family Counseling 721-2448
POLICE:
Irving Police and Fire Emergency 911
Irving Police Non-Emergency 721-2661
Criminal Investigation Division 721-2535
Domestic Violence Unit 721-3518, 721-3519
LEGAL ASSISTANCE:
District Attorney's Office (Dallas) 653-3600
Attorney General's Office (Austin)
Child Support Hotline 1-800-252-8014
Lawyer Referral Service:
Irving Bar Association 986-1508
Dallas Bar Association 979-9090
North Central Texas Legal Services 748-1234
Free Legal Services 979-9466
MEDICAL/MENTAL HEALTH ASSISTANCE:
Dallas Child Guidance Clinic 351-3490
Dallas County Rape Crisis 653-8740
Immunization Clinic (Dallas County) 819-2000
Irving Healthcare System 579-8100
N. Central Texas Poison Center 1-800-764-7661
Parkland Memorial Hospital 590-8000
Source Material: Irving PD |
