Statistics accumulated by the Texas Health and Human Services Commission in 2008 revealed that there were almost 190,000 incidents of domestic violence during the year. The total included 136 women who were killed by their intimate partner. These incidents led to almost 12,000 adults receiving shelter from their abuse partner along with over 15,000 children. The Texas legislature has enacted laws specifically intended to prevent and punish domestic violence.
Family Violence
Family Violence, or domestic violence, is defined by Texas statute as any act by one member of a family or household against another that results in some harm to the victim. Harm can include physical, bodily harm, sexual assault, or any threat that places a victim in fear of imminent harm. Domestic violence can also include dating violence, which as defined by Texas statute is an act by an individual that is intended to harm someone with whom the individual is in a dating relationship. Lastly, Texas legislature has included child abuse and sexual abuse towards a child in the definition of domestic violence.
Duties of Police
When a police officer investigates a situation that may involve domestic violence, the officer has a duty to determine if the address is licensed as a foster home. The officer must also advise any potential victim of their rights to help, even if the officer does not make an arrest. The rights include asking a prosecutor to file charges against the aggressor, applying for a protective order and seeking help from a shelter or support organization. The officer also has the discretion to stay with the victim and allow the victim to remove any property she claims to be her own from the premises.
Protective Orders
A victim of domestic violence can ask the court to issue a protective order that would prevent continued abuse. Based on the situation, the prosecutor can seek a protective order that prevents the abuser from committing further acts of abuse, harassing the victim, or even coming near the victim or any involved children. To be eligible for a protective order, the victim must be a family member of the abuser, be living with the abuser or have lived with the abuser in the past, or must have a child with the abuser. A victim involved in a pending divorce is automatically eligible.
Member Comments
scaredenough January 11
I have been looking everywhere online, and there is all this information and statistics, why is the no immediate help other than shelters for those that abused? and why is it that sooo many people don't understand the situation or the mental status of the abused and why just leaving and pressing charges isn't as easy as someone who has never been in that position thinks it is? I am in a domestic violent situation and have been trying to get out, the problem is I know my abuser better than the CPS workers or the victims advocate and the only help is a shelter or a grant that I have to mail in that takes 6-8 weeks for processing and then they want a phone number and an address....and then a response and funding is another 4 weeks at least.
People wonder why all these victims are killed and don't get out, because no one makes it easy to do so.....it isn't like in anything that I have looked that right there is thisweb page that says I will help you.....Trying to get help for someone in my situation is hard. AND in small town's in Texas a protective order does as much as a restraining order, police do nothing...you call and tell them that the person is on your property and if hes gone when they get there they do nothing...and the only record is if you call back dispatch, they don't even note in their logs....So where is the safety and the help that everyone says is there? Because I am only finding local shelters that are places that he can find me...there has never been a place that I have ever gone that he hasn't known that I was before I even told him, If I make unauthorized stop when I go somewhere he knows before I can even tell him...so seeing how I know his behavior shouldn't anyone listen to me and what is best instead of demanding what they want me to do?
coolwaters225 January 31
You are right. plan ahead. get a cash/prepaid cell phone, open a bank acct in your name only and try to get a credit card only in your name. get a post office box at a UPS store or the post office. You need to be able to communicate with a lawyer, shelter, therapist and have mail coming to you where he can get to it. Start looking for an apartment. Think about how you're going to make a living. Make a budget. Tell your family or close friends what is going on but don't tell them too much or he may pump them for information. Start looking at cars and apartments that will fit your budget. If you don't have kids, then leave the state. Get out of there. A protective order is a whole lot better than a restraining order. The police have no choice but to arrest that pinhead if he emails, phones, texts, comes within X feet of your or your kids and it's a two year minimum. Get one if you can, particularly if there is a record of physical violence. If you call the cops for anything, you tell them you want them to do an INFORMATION report. Keep a log of all the abuse, times, dates, etc. It will develop into a pattern. Shelters have counseling, so use them if you can. I agree there is not enough practical help out there and I'm in the same boat but the above things helped me get started.