the essential guide - Texas Council on Family Violence

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Chapter 3: Navigating <strong>the</strong> Legal System andLegal Options for SurvivorsIn this chapter you will: Understand <strong>the</strong> process in which criminal family violence is prosecuted. Gain knowledge about basic types of Protective Orders and process for obtaining one. Review legal options for immigrant victims of family violence. Identify differences between legal advocacy and legal advice.“Injustice anywhere is a threat to justice everywhere.” – Martin Lu<strong>the</strong>r King, Jr.Criminal Law and Civil LawCriminal law is <strong>the</strong> body of statutory and common law that deals with crime and <strong>the</strong> legal punishment ofcriminal offenses. It is initiated by <strong>the</strong> state and, typically, victims are witnesses for <strong>the</strong> state. Thedefendant has <strong>the</strong> right to appointed counsel and <strong>the</strong> timeline for prosecution is set by <strong>the</strong> court.Typically, penalties are immediate after conviction through <strong>the</strong> penal system.Civil law handles disputes between individuals and o<strong>the</strong>r individuals or organizations. The goal is tocompensate a victim, usually by payment of money; to <strong>the</strong> extent <strong>the</strong>y have been harmed. A victim in acriminal case can also personally sue someone in civil court under certain circumstances.Criminal Prosecution of Family Violence CasesCriminal family violence (as defined by <strong>Texas</strong> Family Code 71.004): An act by a member of a family orhousehold against ano<strong>the</strong>r member of <strong>the</strong> family or household that is intended to result in physical harm,bodily injury, assault, or sexual assault or that is a threat that reasonably places <strong>the</strong> member in fear ofimminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measuresto protect oneself.Barriers to getting help through criminal prosecution of family violence: Most types of abuse are not criminal It is estimated that only 10% of criminal family violence is reported. When violence is reported, most are charged as misdemeanors. Victims are often fearful and/or distrustful of <strong>the</strong> legal system and have difficulty accessingservice.Victims often fear for <strong>the</strong>ir safety or that of <strong>the</strong>ir children. They tend to have limited access to financialresources, support networks and legal assistance. Victims may fear that involvement in <strong>the</strong> legal system could lead to deportation, criminalcharges, losing custody of <strong>the</strong>ir children or o<strong>the</strong>r negative effects. Victims may feel that <strong>the</strong>y may not be taken seriously due to history of not cooperating, drug oralcohol abuse, mental health issues, undocumented status or criminal record.THE ESSENTIAL GUIDE: AN INTRODUCTION TO ADVOCATING FOR SURVIVORS OF FAMILY VIOLENCE24 | P a g e
Victims who witness <strong>the</strong> criminal justice system failing to hold batterers accountable are lesslikely to report abuse in <strong>the</strong> future.Who is involved in <strong>the</strong> criminal prosecution of Family Violence cases?Police Officers/DetectivesVictim ServicesCounselorsProsecuting District orCounty AttorneysVictim WitnessCoordinators•Respond to emergencycalls, take reports.•Interview victims,suspects, witnesses.•Ga<strong>the</strong>r evidence andbuild a case to submitto <strong>the</strong> prosecutor.•Provide support,referrals and resourcesto crime victims.•Review cases andevidence ga<strong>the</strong>red bylaw enforcementofficers.•Determine whe<strong>the</strong>r acase will beprosecuted.•Provide information,orientation andsupport to victims as<strong>the</strong>ir cases movethrough <strong>the</strong> courtsystem.Witness Tampering: Batterers will often attempt to coerce, manipulate, or intimidate <strong>the</strong>ir victim to get<strong>the</strong>m to drop charges, recant <strong>the</strong>ir statement, or refuse to cooperate with law enforcement. Thoseactions may be considered witness tampering and could be subject to additional prosecution.Letters, voicemails, text messages, emails, Facebook postings, and <strong>the</strong> like could all be evidence ofwitness tampering. As an advocate, you can let your clients know that <strong>the</strong>y have <strong>the</strong> option to turn overthose communications to law enforcement if <strong>the</strong>y choose. Some victims may decide to try and save <strong>the</strong>communication but wait to decide if <strong>the</strong>y will turn it over. You should be familiar with <strong>the</strong> preferredmethod of evidence collection used by your law enforcement agency.An Advocate’s Role…Assist with safety planning.Guide victims in documenting <strong>the</strong>ir injuries.Provide general information about <strong>the</strong> process of making a police report.Provide support or accompaniment to victims when <strong>the</strong>y make a report orgive a statement.Accompany victims to court hearings.Provide information and assistance registering for Victim Information andNotification Everyday (VINE). VINE provides information about offender statusin custody and can send notification to registered parties about transfers orrelease dates. Registration is available online www.vinelink.com.Provide assistance applying for and accessing Crime Victim CompensationBenefits (explained in Chapter 6).Provide referrals for free or low-cost legal consultation or representation.THE ESSENTIAL GUIDE: AN INTRODUCTION TO ADVOCATING FOR SURVIVORS OF FAMILY VIOLENCE25 | P a g e
Page 2 and 3: Table of ContentsIntroduction: Hist
Page 4 and 5: provide a unified statewide presenc
Page 6 and 7: The Family Violence Prevention and
Page 8 and 9: The chapters that follow will provi
Page 10 and 11: Understanding the
Page 12: Leaving an Abusive RelationshipTher
Page 15 and 16: Helps Plan for Future Safety Helps
Page 17 and 18: What is Active Listening?Active Lis
Page 19 and 20: Focus on SafetySurvivors of family
Page 21 and 22: Safety PlanningAs advocates, we nee
Page 23: Would the informat
Page 27 and 28: Temporary Ex Parte Protective Order
Page 29 and 30: Here is an overview of some of <str
Page 32 and 33: Family Law CasesFamily Law Cases ar
Page 34 and 35: A common way abusers instill fear i
Page 36 and 37: An Advocate’s Role…AssessExplor
Page 38 and 39: Pregnant women not eligible for Med
Page 40 and 41: Texas Advocacy Gui
Page 42 and 43: GuardianshipIn some cases, an adult
Page 44 and 45: Resources to AssessQuestions to Ask
Page 46 and 47: VAWA protections (VAWA)VAWA require
Page 48 and 49: These protections fall into a few d
Page 50 and 51: housing and homeless issues in <str
Page 52 and 53: Individuals respond to traumatic ev
Page 54 and 55: Relocation Rental AssistanceRelocat
Page 56 and 57: Law Enforcement & Legal Services•
Page 58 and 59: Chapter 8: Coordination of Communit
Page 60 and 61: The end result of a well-maintained
Page 62 and 63: The success of offenders in a BIPP
Page 64 and 65: Finding SupportSince the</s
Page 66 and 67: Economic Justice ResourcesNational

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