The following are legal options for victims of abuse in Texas.

Protective Orders
Title IV, Texas Family Code

Protective orders make it a criminal offense for the respondent to go within a certain distance of the protected person’s home, work or school, or to communicate with her in a harassing manner. Any victim of family violence (effective 9/1/01, this includes dating violence) is eligible to apply for a protective order. The final protective order may be good for up to two years and can include civil remedies such as child support and visitation schedules depending on the county or judge issuing the order. The protective order may be renewed upon a showing of “the threatened harm that reasonably places the applicant in fear of imminent physical harm.”
To find out how to apply for a protective order, contact your local domestic violence service provider or the local county attorney’s office. The victim may not be charged for any fee or expense associated with the protective order process.
Magistrate’s Order for Emergency Protection
Art. 17.292 Code of Criminal Procedure

Commonly referred to as an Emergency Protective Order, the Magistrate’s Order for Emergency Protection (MOEP) is available when a person has been arrested for a family violence assault. When the defendant is brought before a judge to receive a bond or bail amount, the judge may issue this order for no less than 31 days and no more than 61 days. Like a protective order, violations of the MOEP can result in the arrest of the defendant. A law enforcement officer, the victim, a prosecutor, or the judge can request the order.

Additionally, the judge can grant one on his or her own motion. MOEPs are mandatory in cases where the defendant is charged with a family violence assault causing serious bodily injury to the victim or the use or exhibition of a deadly weapon during the commission of the assualt.

Stalking
Section 42.072, Texas Penal Code

To be charged with stalking, the defendant must have the intent or the knowledge that his or her actions will instill fear of death or bodily injury to the victim or a member of the victim’s family or household.

Threats can be explicit (e.g. “I’m going to kill you.”) or implied (e.g. veiled threats, hurting family pets). Threats must be aimed at a specific person, they cannot be general threats. Threats may be conveyed by the stalker or someone acting on his or her behalf.

Threatening conduct has to occur on more than one occasion and be directed toward the victims and/ or the victim’s family or household members. However, only one police report is required. The acts may include threatening contact by mail or phone, or by following the victim, placing her under surveillance, or damaging the victim’s property. Stalking is a criminal offense punishable by a fine of $4,000 and/or up to one year in jail.

Divorce/Custody Options for Victims
of Family Violence:
Joint Managing Conservatorship (joint custody)

Joint managing conservatorship refers to the legal custody of the child as opposed to the physical custody of the child. Joint managing conservators share rights, duties and decision-making in regards to the child. They do not necessarily have equal time with the child.

Texas law presumes that joint managing conservatorship is in the best interest of a child. However, in cases where there is a history of family violence, the court is prohibited from appointing the parents as joint managing conservators. Effective 9/1/01, it is a rebuttable presumption that the appointment of a parent as the sole managing conservator of a child is not in the best interest of the child if credible evidence is presented of a history or pattern of past or present child neglect or physical or sexual abuse by that parent directed against the other parent, a spouse or a child. Section 153.004(b), Texas Family Code. It is best to consult with a qualified family law attorney prior to entering into any custody agreement.

Visitation

For years, the Standard Possession Order was presumed to be the “minimum reasonable possession” of a child for a noncustodial parent.

As of September 1,1999, the Texas Family Code was amended to provide that, if the court finds that there is a history or pattern of family violence within the last two years, the court may prohibit the batterer from having access to the child unless certain conditions are met.

If this finding is made, the court may only award visitation to the batterer if the court finds it would not endanger the child, access would be in the child’s best interest, and the order is designed to protect the safety and well being of the child and victim. Additionally, the court may impose visitation restrictions, such as supervision of the visitation, prohibition of use of drugs of alcohol, or mandating participation in a battering intervention program.

Mediation

Beginning September 1,1999, a victim of family violence who is required to attend mediation may file an Objection to Mediation. This document should state that she is a victim of abuse perpetrated by the other party. By filing this objection, the mediation requirements are waived. Even if the other party challenges the validity of the claim, the judge can only order mediation under conditions that ensure the emotional and physical safety of the victim. This includes no face-to-face contact and requires that parties be placed in separate rooms during the mediation process.

Spousal Maintenance (Alimony)

Spousal maintenance may be ordered if the person from whom maintenance is sought has been convicted of, or received deferred adjudication for, a family violence offense that occurred within the two years prior to the divorce being filed or while the divorce was pending.
It is important to note that if the domestic violence provision is met, the law does not require a marriage of any particular duration or that the spouse seeking maintenance prove an inability to meet his or her minimum reasonable needs.

Additional Resources: Legislative Links

The National Immigration Law Center
http://www.nilc.org/

Department of Health and Human Services Welfare Reform
http://www.acf.hhs.gov/programs/ofa/welfare/index.htm

Center for Public Policy Priorities
http://www.cppp.org/

University of Michigan
Project for Research on Welfare….

The National Welfare Monitoring and Advocacy Partnership
http://www.hdmdesigns.com/nwmap/

United States Department of Health and Human Services
http://www.hhs.gov/

Texas Department of Health and Human Services
http://www.hhsc.state.tx.us/

Texas Workforce Commission
http://www.twc.state.tx.us/