Strangulation of an intimate partner must be taken seriously in Texas.  Strangulation continues to be used frequently by batterers as a form of power and control over victims.  Internal injuries suffered by victims of strangulation may go undetected for days after police have already responded to a 911 call for help.  Currently, too many strangulation offenses are charged and tried as class “A” misdemeanors, a fact that most Texans are shocked to learn.  It only takes two minutes for someone to die from being strangled; clearly charging this act as a misdemeanor does not go far enough to make a batterer’s potential punishment fit the act.  It is important to note that even the best prosecutors do not have a satisfactory method for properly charging and prosecuting strangulation.

Senator Jane Nelson and Representative Pete Gallego agree that we must change the Penal Code to reflect the severity of strangulation.  In the coming weeks, they will be filing bills in the Senate and House which will make airway and blood flow constriction a third degree felony.  Keep an eye out for more information on this important measure.

BY MARTHA STODDARD
WORLD-HERALD BUREAU

LINCOLN – One man lined up his family in the driveway of their rural Nebraska home. Wife first, children in order by age next, dog last. Then he shot the dog.

Another man threw a 4-month-old boxer puppy against the wall during an argument with his estranged wife. The puppy limped a few feet before collapsing and dying in front of the children.

Another would stand next to a pot of boiling water, holding his wife’s tiny dog. She got the message.

A fourth hid his partner’s pet bird every time he left home, knowing she would not leave him without taking the bird.

Such cases – all occurred in Nebraska – aren’t new to people who work in domestic violence and animal care. They’ve known for years that animals suffer along with people when family relationships become abusive.

“I’ve been doing this 25 years, and I’ve heard some pretty horrific stories,” said Kay Mathews, development director for Lincoln’s Friendship Home, a shelter for abused women and children.

Omaha.com

By MARY SWIFT
P-I COLUMNIST

WHAT MAKES SINGER Rihanna special?

Other than the fact that she’s a celebrity, when it comes to domestic violence the answer is: nothing.

Awful things happen even to beautiful people.

Earlier this month, some time in the early hours before the Grammy Awards, Rihanna and her then-beau, singer Chris Brown, argued. Details are sketchy. She reportedly ended up in the hospital. He was arrested and posted bond.

Both were scheduled to perform at the Grammy Awards, but canceled, maybe because it’s embarrassing to sing at the Grammys when you’ve just been arrested — and impossible if you’ve landed in the hospital.

More than 1,100 miles away from the heady, star-studded climate of Hollywood, 36-year-old Melissa Batten stares out from a photograph in Deanna Hobbs’ office at the Eastside Domestic Violence Program in Bellevue.

Seattlepi.com

Senate Bill 491 is another extremely important legislative agenda item for TCFV. 

Currently, the process for making decisions regarding the custody of children in divorce proceedings includes taking into account the risk of international abduction by either parent.  Such abduction risk factors include quitting a job, terminating a lease, hiding documents, and applying for a child’s birth certificate or medical records.  As advocates know, these actions are what we often encourage victims of family violence to do in safety planning.  Victims have suffered unfair and dangerous judicial decisions which penalize them for safety planning by awarding custody to batterers. 

Senators West, Hinojosa and Shapleigh have joined together to rectify this result by filing Senate Bill 491.  I will keep you posted as the bill progresses.  We anticipate it will be referred to committee in the coming weeks.

You may recall that one of TCFV’s major legislative agenda items is to change Texas Code of Criminal Procedure Section 42.12(h).  Currently, judges may order defendants placed on probation to pay up to $100 to a local state or federally funded family violence shelter program.  Last summer TCFV polled several programs across the state to determine how often programs actually receive these funds.  The greatest amount received by a large metropolitan program for an entire year was $613. 

Senator Jane Nelson agrees that this should change.  She authored and filed Senate Bill 82, which will require all defendants placed on probation for family violence offenses to pay $100 to their local family violence center as defined by the Human Resource Code.
   
The great news is that SB 82 has been referred to the Senate Jurisprudence Committee.  This means that the bill has moved to the next important stage: in order to become law, all bills must be referred to a committee.  The next stage will be to obtain a hearing date on SB 82, at which point there would be an opportunity for public testimony in support.  I will keep you posted as SB 82 progresses!

By Bill Mears
Supreme Court Producer

WASHINGTON (CNN) — The Supreme Court on Tuesday reinstated a federal ban on gun possession for people previously convicted of certain domestic violence misdemeanors.

The 7-2 vote was authored by Justice Ruth Bader Ginsburg, who read a portion of the ruling from the bench in a strong, steady voice.

It was her second day on the bench after undergoing pancreatic cancer surgery February 5.

The opinion was a defeat for gun rights supporters, who had challenged groups fighting domestic violence over which ex-felons should be allowed to buy and keep firearms.

At issue was whether a federal law blocking gun possession for those convicted of a “misdemeanor crime of domestic violence” should apply as well to someone convicted of a general misdemeanor, such as simple battery, which may have been committed against a spouse, child, or other relative. The ambiguity in the federal language and whether it could be applied retroactively was at the heart of the legal debate.

CNN.com

By Allison Stevens
Washington Bureau Chief

A study on shelters finds they help survivors meet a wide range of needs and advocates are lobbying for more funds to run them. But they worry that shelters and anti-violence programs won’t be spared from recession-related spending cuts in Congress.
 
WASHINGTON (WOMENSENEWS)–Women’s safety advocates called on Congress Wednesday to hike funding for the nation’s domestic violence shelters, which are being forced to scale back services or eliminate them altogether due to the ailing economy.

“During these grim economic times, when shelters are struggling mightily to do more with less and serve a population in great need, maintaining and expanding core state and federal funding for these emergency shelters becomes even more essential,” said Anne Menard, director of the National Resource Center on Domestic Violence in Harrisburg, Pa.

Menard spoke Wednesday at a news conference marking the release of a study showing the effectiveness of shelters in meeting survivors’ needs, which she and other advocates plan to use in a campaign to lobby lawmakers for more money for shelters.

Womensenews.org

We are down to the last week of collecting Purple Postcards.  As you recall, this is TCFV’s effort to make tangible the overwhelming support for family violence funding that exists in Texas. We know delivering the Postcards to elected officials speaks volumes to them. Receiving hundreds of Postcards from constituents makes the connection that these services are indispensible to communities all across Texas. 

I am excited to report that we have an estimated 8,500 Purple Postcards.  These 8,500 responses to our call for a grassroots movement in favor of family violence services represent your amazing efforts.   

If we collect just 1,500 more postcards we will be able to reach a total of 10,000. Please consider asking your family, friends, and others in communities across Texas and beyond to go online and complete a Purple Postcard.  It is very easy, and only takes a few seconds.  Go online to www.tcfv.org and click on the “Purple Postcard” icon.  
 
Although I may be the one physically present at the Capitol during this session, it is your daily work with survivors and your voice in support of family violence services and legislative initiatives that greatly amplify my efforts.  I truly appreciate all your current and future efforts during this legislative session and beyond.